Claim Denied Issued A Ssoc Supplemental Statement Of Case What Now ?

[mrmark1999]

ok i got my SSOC today im not shure wher i sit now .

EVIDENCE

it had a list of evidence

1 soc was sent dated sept 7 2011

2 report of telephone contact taken on sept 13 2011

3 vs form 9 receve October 11 2011

4 report of telephone contact jan 4 2012

5 treatment reords ABC Podiatry Dated from Aug 26 2010 to apr 14 2011

6 VA examination Columbus VA Outpatient Clinic Dated feb 14 2012

ADJUICATIVE ACTIONS :

09-07-2011 The veteran was furnshed a statement of case outlining actions taken on the claim

10-11-2011 Substanitve Apepeal Receved

DECISION:

Service Connection for bilateral Achellies Tendonitis remains denied.

REASON AND BASIS

since we issued our Statement of the case to you on September 7 2011 we received additional evidence in support of your appeal. Treatment records from ABC Podiatry not you have bilateral foot and ankle pain with diagnoses of Achilles tendonitis and plantar heel spurs. No relationship is shown between your current diagnosis of Achilles tendonitis and your military service.

You attended the VA examination at the Columbus VA Outpatient Clinic on February 14, 2012 to determine any relationship between your current Achilles tendonitis and your military service. After a physical examination and review of your claims file including your service treatment and private treatment records, the examiner opined that your current Achilles tendonitis is less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. The examiner provided the following rationale: "Achilles tendonitis is documented in note dated November 15, 1995 in the service treatment records (STRs). Thereafter, there is no mention of this condition in the STRs. He had no ankle condition noted on physical exams on May 21, 1996 and July 24, 1997. Letters by Dr. Schilling dated February 23, 2011 documents that veteran saw this provider on August 26, 2010 with "increasing pain gradually over the month precding presentation on his left ankle". Based on review of the medical evidence, it appears more likely that veteran's current Achilles tendonitis is a result of his occupation as a mailman where he has to walk up to 16 miles per day. Plantar faciitis is not documented in the service treatment records. Per note by Dr. Gutheil dated January 11, 2011, onset of plantar faciitis had been 3 months earlier."

The evidence of record continues to show that your current Achilles tendonitis is not related to the one event of Achilles tendonitis while in service. Therefore, service connection for Achilles tendonitis remains denied.

on My first SOC it states

in the SOC it says

REASONS AND BASES:

We received your NOD and in additional evidence in support of your claim . this additional evidence indicated a current diagnosis of bilateral Acheilles tendononitis there for , a VA examination and opinion was scheduled for you to comply with the VA's Duty to Assist , you were notified of this appointment and the importance of attending this appointment .Youlive in Pickerington, Ohio and the VAMC Chillicothe is yourjurisdiction . you didnotreport to this examanation because you did not want to go to the VAMC Chillicothie. This cancellation reason is not considered "good cause".Examples of good cause include, but are not limited to the illness or hospitalization of the claimant ,death of an immeadate family member ,etc.

You were denied service connection for bilateral Acheilles tendononitis in the ratin desison dated december 3, 2009 because although there was evidence of this disability in service , we did not have current diagnosis of this disability."

it is not enough , for a grant of service connection that a disability has been sustained in service. in addition there must be residual disability attributable thereto. Your service treatment records show that you were diagnosed with bilateral Acheilles tendononitisn Augest 21,1995. These same records donot show evidence of a chronic disability. Tofulfill the requirements for chronicity, the claimed illness must have persisted for a period of 6 months. the 6 month period of chronicity is measured from the earliest date on witch all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. at this time we do not have contemporaneous or objective evidence of a continuity of symptomatology since your discharge from the military. the first evidence we have that you have a diagnosis of bilateral Acheilles tendononitis is Augest 26,2010 from ABC podiatry. this is approximately 15 years post discharge from the military.

Regulations state when a claimant fails to report for an examination scheduled in conjunction with an original compensation clam ,the claim shall be rated based on the evidence of record. When the examination was schedule in conjunction with any other original claim, a reopened claim for benefit that was previously disallowed , or a claim for increase the claim shall be denied . You did not report to your Va examination : therefore ,your Claim for service connection for bilateral Acheilles tendononitis cannot be established and remains denied ."

by the way i did not miss my exam I had it re scheduled to a closer exam location (I know now that was a big mistake )the va assumed i misssed when it was being recheduled i got all of that worked out and got my c&p in febuary do not understand where they get the idea that my bilateral Acheilles tendononitis is not service connected i had it diagnosed in the millitary and was told the same thing here is som 800 mg motrin and to strech what can be my next step on fight ing this my current doctor gave me a IMO showing the connection to my millitary service and a continuing issues let me know what you think

thank you

mark

[Berta]

“by the way i did not miss my exam I had it re scheduled to a closer exam location (I know now that was a big mistake )the va assumed i misssed when it was being recheduled i got all of that worked out and got my c&p in febuary do not understand where they get the idea that my bilateral Acheilles tendononitis is not service connected i had it diagnosed in the millitary and was told the same thing here is som 800 mg motrin and to strech what can be my next step on fight ing this my current doctor gave me a IMO showing the connection to my millitary service and a continuing issues let me know what you think “

Do you have a vet rep who can bring the rescheduled C & P to their attention right away?

In any event you can too by writing to the RO, using the rater's initials in the Re: part of the upper right hand corner of the letter and tell them what happened.

Try to get the results of that newer C & P they said you missed- (if you already have copy of it, refer to in it the RO letter and attach it).

And by all means refer to and attach a copy of the IMO you got.

[Berta]

I had to delete my first reply because I dont understand something here.

You have an IMO.

Is this the same medical opinion from same doctor that VA mentioned in the decision?

[mrmark1999]

yes the IMO was from the Same doctor from abc Podiatry Dr. Schilling

i can up load the

IMO if nerssary and other docs just let me know what every one needs to help me out

i also need to know what kind of response i have 30 days

Edited April 28, 2012 by mrmark1999

[cooter]

at this time we do not have contemporaneous or objective evidence of a continuity of symptomatology since your discharge from the military.

If Dr Schilling wrote the IMO showing military established and continuity, then it sounds as if they didn't read it because the IMO wasn't mentioned in their statement. Or maybe I missed it somewhere.

Coot

[Philip Rogers]

I agree w/cooter, the IMO is not listed, in the evidence section.

pr

[mrmark1999]

Ok this is what is in my IMO

To whom it may concern

Patient presents on august 26 2010 with pain in multiple areas of both feet. Including posterior heel bilateral and anterior left ankle as well as left for foot. Patient is a pleasant 35-year-old male at the time of presentation who relates a long history of ankle and heel pain. Patient states approximately 15 years a go he was diagnosed with Achilles Tendonitis and has tried consertive care, including shoe gear change, oral anti inflammatory medicines and physical therapy including stretching none of witch has yielded relief. Patient states he has had increasing pain gradually over a month preceding presentation on his left anterior ankle, which he describes as a sharp shooting pain. Patient gets this pain especially when walking standing or doing activities. Patient is currently working at the USPS and is on his feet daily.

Patient presents in supportive show gear at this visit

All medications allergies, past medical history and past surgical were reviewed at this visit

General examination reveals vascular status to be as follows dorsal pedis +2/4 bilateral posterior tibial pulse +1/4 bilateral capillary fill time less then 3 seconds one through five bilateral skin temperature warm to warm proximal to distal bilateral ,meurologically , epcriptic and temperature sensation grossly intact bilateral deronatology negative of open lesions bilateral positive ain on palpation poster heel bilateral at level of Achilles tendon insertion pain with dorsal ankle bilateral limited dorsiflexion less then 10* bilateral in dorsafleation futhermore there is pain on palation of the two -three intermetatarsal space at the MPJ level on the left foot Diaganosis radiographs taken in the office on the first visit of the reafr foot and ankle show large cacaneal spurs on the posterior of both heels corrorsponding at the level of Acheelies insertion with a chronicity demonstrated by the blunt endings of these bone spurs as well as the previous fractured bone spur with fibrous colalition on the left there is a planter Plantar calcaneal heel spur on the right and degenertive changes to the subtalar and ankle joints of both feet .

throughout two visits over a six month eriod the patient is still having pain in the posterior aspect of both heels patient has attemted oral NSAIDs Quarter in ch heal lifts and streching activities to no avail patient brings a 1995 medical history summary from november 15 1995 witch showes swollen painfull joints patient having to wear suport for knee problim taking Motrin for Achellies tendonitisis and having simmilar pain as to original presantation Patient is still in treatment having to under go continued phicial therapyas well as being casted and being molded for custom made foot orthoses in order to compensate for degenertive joint diease as well as bone spurring in both feet patients prognosis is fair hoever due to age and weight gain it is unlikely patient will acheve full relife from his achellies tendonitisis i will nee to see mr XXXXX back perodicly in order to treat the Achellies tendonitisis and subsequent degenerative joint dease from this original complaint

sincerly doc shilling

Edited April 29, 2012 by carlie
Edited to increase font size only