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
Question
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
Link to comment
Share on other sites
Top Posters For This Question
16
7
6
3
Popular Days
Apr 28
5
Apr 29
5
Jul 20
4
May 2
4
Top Posters For This Question
mrmark1999 16 posts
Berta 7 posts
cooter 6 posts
rdawg 3 posts
Popular Days
Apr 28 2012
5 posts
Apr 29 2012
5 posts
Jul 20 2012
4 posts
May 2 2012
4 posts
34 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now