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

[mrmark1999]

Ok I also found an omitted record

06 January 01 record shows in the clinical evaluation for lower extremities Achilles tendonitis in my the retention physical would that show longer them 6 mo in the millitary

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

[cooter]

To be totally honest with you, I see a few reasons why they denied you SC.

1) This denial was based on a "No Show" for the C&P Examination. Although you did have the appointment changed and appeared, it's obvious the rater wasn't informed of the change of the exam. Therefore, making it an automatic denial.

2) The letter Dr Schilling wrote wasn't exactly what is called an IMO, but rather just an generic type statement. The Dr never gave his own opinion about your disabilities being service connected. Nor the reason why he thinks they were chronic in-service. The only thing he mentioned was;

"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"

All this did was prove to the rater that your Dr never had, or never read your Service Medical Records. This will discredit a Dr's opinion real quick. An IMO has to state that the Dr has reviewed all of Mr xxxxx Service Medical records, including postservice medical and treatment records, etc.

3) The Dr failed to use any VA language to justify his opinions, such as;..."In my opinion Mr xxxxxx injury/disease

>was due to:... 100%

>most likely.... 75%

>as least as likely as not.... 50%

>less likely Less than not.... less than 50%

>not due to....nada

Hadit has an IMO forem that will show how to fill out one. You need to go by it's format for a good IMO.

I also suggest you try to get a VA service rep. to help you. Or you can do it yourself with the help of the members here also. There's alot of knowledge here re claims and whatever.

It looks like your going to need a really good IMO for this to get SC. JMO

Coot

[cooter]

Ok I also found an omitted record

06 January 01 record shows in the clinical evaluation for lower extremities Achilles tendonitis in my the retention physical would that show longer them 6 mo in the millitary

Ok I also found an omitted record

06 January 01 record shows in the clinical evaluation for lower extremities Achilles tendonitis in my the retention physical would that show longer them 6 mo in the millitary

Please explain a little more of what it says....Coot

[mrmark1999]

it is just the standndard form it was a medical over view where you check boxes there was a line and an arrow in the remarks box and it states achellies tendonitis in the lower extremidy

i have recentiy Chatted with my va reo the american legion and i realise i cannot do this with out help i as trying but all i sem to do is add extra steps that get me no where i have an a pointment with my dr in 2 weeks i will see what type of form i will need for a

IMO he has never written one before or see where i need to go for a good IMO in columbus ohio on my ankles any advise would be welcome

[cooter]

Who filled out the medical form 06 January 01..?

All you need for a really good IMO is what Berta composed during her years of dealings with the VA. I would suggest that you take a look at this link ...Scroll down or up, depending how your set up, to Berta's post #17. If you go by her example of an IMO, you shouldn't have any problem's.

I also agree with your service rep at the AL as far as needing help with this claim. Please don't attempt to fly with this alone as your going to add years to have this approved. If your not happy with your SO at the AL, the folks here will be happy to help you, ok.

Coot

[Berta]

I understood they did consider Dr.Shilling's "letter" in the Statement of the case so this is why they didnt mention it in the SSOC .

"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 preceding presentation on his left ankle"

Thanks Cooter as the IMO format I prepared from my own IMO doc's format and the "as likely as not" etc wording must be in the IMO too with a full medical rationale.

Give the IMO doc a copy of your SMRs too so he/she can make a nexus statement with direct references to your SMRs.