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I completed my C&P exam back in January, was completed in July and my seperation pay is currently being recooped and will begin to recieve my benefits next month. I was give a total of 80% disability for a variety of other issues than what i have a question on. I submitted a claim for both of my feet which i was told one time it was a foot deformity, next time a bunion, then gout, then bunion before i seen my primary care physician at the VA hospital who then said it was gout again. With my claim for the C&P exam it came back with a denial reason for both feet that "The evidence does not show a current diagnosed disability."

Since then my feet pain has gotten worse, to the point where i have lost a job over them whole different situation i am dealing with there, and i seen a doctor under private insurance who said that i needed to see a podiatrist for bunion in both feet. It was going to take around 2 months before i could see one so i called my primary care doctor and he put in a referal for a podiatrist and i was seen with in 7 days, still amazed by that one but as time goes on i am more and more shocked at how well my VA hospital is working compaired to what i have always heard about them. The VA podiatrist said that both of my feet have bunions, athritis and burcitis and refered me to get orthotics made.

What i am wondering is with these recient events would i have enough evidence to support a claim to change the denial reason? If so, then what do i need to do to have this reevaluated? Any information on this would be greatly appreciated, thank you.

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get a copy of those dr notes and submit them with a statement in support of claim that says you would like to have your previously denied claim reconsidered based on new evidence that shows a current condition. If you do this within a year of your denial you will retain your earlier effective date.

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If you wish to appeal, I would write the following:

I wish to file a NOTICE of DISAGREEMENT with the rating decision dated MM/DD/YYYY.

I wish to appeal the following issues:

I wish to have the Decision Review Officer (DRO) adjudicate my appeal.

In support of my claim, I have been going to the (give name of the VAMC) since to present. These records will describe the nature and severity of my condition.

In my denial, it states there is no current diagnosis of this issue. You will see that I have been diagonsed with the following for my feet (list the diagnosis).

If necessary, I am available for an examanation for rating purposes.

Your attention to this issue is appreciated.


You can fax this on a 21-4138 to 540-597-1792. You have one year after the rating decision to have this decision adjudicated. Otherwise you will loss all back pay and you will have a higher bar to meet. Best of luck.

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