Med Records List Incorrect Limb.

[K9MAL]

I've been reviewing my VA stuff due to wanting to pursue having my claim looked at and hopefully getting a higher percentage rating for several issues that have become worse over the past couple of years. One thing I noticed after reading carefully was the fact that the Corpsman who looked at my crushed right foot listed it as being my left foot at the time. I'm having major pain with the right one and they turned me down the first time stating that the left foot was the one that was injured.

I've had to have 2 cortisone shots within the past 2 weeks and am now getting orthotics due to the damage and walking incorrectly now. There is constant pain and without the cortisone I can barely walk on my right foot.

Is there anyway to appeal this and have them recognize that the Corpsman made a mistake on the boat and screwed up my records? Also, I believe this will be a nexus issue although I don't know much about it other than reading a few things about it here and there.

Thank you for any and all advice.

[VADDS]

Vadd

I saw the dentist three times while I was in the army. Somebody who might have been a dentist looked at my mouth during my entrance exam. Second, I got a exam for TMJ which never happened according to the military and the VA. Third, I got two teeth pulled by army dentist who made a horrible mess out of my jaw. I am sure you were a great dentist but you can see why I am not fond of army dentists. The only teeth I ever permanently lost were those two teeth the army dentist pulled. I am 62 and have all my teeth except for the ones pulled by that army dentist. My TMJ got worse, and now I have to wear an appliance at night so I don't bite my jaw. Was there really no treatment for TMJ in 1971?

Almost nothing was known about TMJ causes and treatment 40 years ago. For sure the Army didn't give a rat's bottom about whether or not you had pain in your TMJ, as long as you could hold a rifle. Sadly, to this day, the Army does a lousy job providing dental care, especially to its lower ranks. I was USAF, and yes, Mystic, I did 30 years and 4 days.

[K9MAL]

I was told by a friend that I could submit "new and material" evidence to start a new claim on my foot. Does anyone know what type of form I'd have to submit or a letter? What are the details concerning a CUE? I have 2 friends who are still serving who will write me buddy letters to help substantiate my claim.

[jvretiredvet]

If it has been less than one year from the date of the VA letter denying service connection for your right foot, "new and material evidence" is not an issue because the claim is still open and any evidence will be considered.

However, if it has been more than 1 year since you received that letter, you will need evidence that is both new (that is, never considered before) and material (that is, evidence that is not of a general nature and is specific to YOUR condition) to reopen your claim.

If you followed my earlier suggestion to get an evaluation of both feet and have your orthopedist (OK, podiatrist in your case) write a medical opinion, that would constitute evidence that is both new and materiel, so your claim should be reopened.

WRT a Clear and Unmistakable Error ... a CUE comes about when service connection (or a particular rating level) is denied because of a misapplication of the law. As I wrote in an earlier message, I don't believe this would be a CUE because the SMRs report treatment for a left foot condition, whereas you currently have a right condition.

Even if the orthopedist/podiatrist's medical opinion does state that there is no evidence of a left foot injury and that it is obvious that there was an administrative error in the SMRs, your earlier decision was based on the evidence at hand and was not a misapplication of any VA law or regulation. But, you are welcome to try for a CUE.

I was told by a friend that I could submit "new and material" evidence to start a new claim on my foot. Does anyone know what type of form I'd have to submit or a letter? What are the details concerning a CUE? I have 2 friends who are still serving who will write me buddy letters to help substantiate my claim.

[K9MAL]

However, if it has been more than 1 year since you received that letter, you will need evidence that is both new (that is, never considered before) and material (that is, evidence that is not of a general nature and is specific to YOUR condition) to reopen your claim.

If you followed my earlier suggestion to get an evaluation of both feet and have your orthopedist (OK, podiatrist in your case) write a medical opinion, that would constitute evidence that is both new and materiel, so your claim should be reopened.

It has been more than a year so this should be the case. I'm in the process of getting an appointment set up to have my Doc (Podiatrist) evaluate both feet and he's receptive to writing up a medical opinion, hopefully later this week.

So, in the very near future I'll have the new and material evidence from the Dr. and will also have buddy letters to accompany that. My question is how do I submit this? Is there a VA form or do I just write a letter similar to requesting a rating increase approval? I'm trying to avoid using a VSO right now, first time didn't go so well, and doing everything on my own but am unsure of exactly which path I need to take.

Thank you for your insight and advice.

[jvretiredvet]

My question is how do I submit this? By mail, or hand carry it into the VARO.

Is there a VA form or do I just write a letter similar to requesting a rating increase approval? You can use either VA Form 21-4138 or even just a letter.

On the letter or the form, I suggest you write something like this: "I am submitting new and material evidence to reopen my claim for service connection for ___________." Use whatever other flowerly language you choose.

It has been more than a year so this should be the case. I'm in the process of getting an appointment set up to have my Doc (Podiatrist) evaluate both feet and he's receptive to writing up a medical opinion, hopefully later this week.

So, in the very near future I'll have the new and material evidence from the Dr. and will also have buddy letters to accompany that. My question is how do I submit this? Is there a VA form or do I just write a letter similar to requesting a rating increase approval? I'm trying to avoid using a VSO right now, first time didn't go so well, and doing everything on my own but am unsure of exactly which path I need to take.

Thank you for your insight and advice.

[K9MAL]

My question is how do I submit this? By mail, or hand carry it into the VARO.

Is there a VA form or do I just write a letter similar to requesting a rating increase approval? You can use either VA Form 21-4138 or even just a letter.

On the letter or the form, I suggest you write something like this: "I am submitting new and material evidence to reopen my claim for service connection for ___________." Use whatever other flowerly language you choose.

Thank you very much! Now to see the Doc and get this rolling.