Appeal On Dro Help

[Scottyp65]

I am getting my VA Fm 9 together now to appeal the decisions they had on 3 items. The question I have is do I have a leg to stand on if I show them where in a previous C&P evaluation they had me at 10% for a disability that they now say doesn't exist? It does I have the documents to say it does. they had then too.

[Scottyp65]

Also to note is I am doing this to have the conditions SC and not an icrease as I am at 100% P&T. The next reason for pursuing this is I would like to make a claim for the clothing allowance and I figured if I have the Plantar Fasciitis SC'd then the case is stronger. At issue is my shoes do not support my ankles when the VA provided insert are in. I ride too hi in the shoe and therefore need orthotic like shoes where the walls of the shoe are higer/deeper. Otherwise it feels like I am wearing a funky set of flip flops allmost. And the doggone shoes are expensive to say the leat.

[Scottyp65]

sorry for the multi posts but..

I did make the 60 day deadline for the SOC, but am up against if for the later of the two deadlines. In either case I will let it fly. Do I supply them with copies of the medical records again, with the rebuttal? I don't want to leave it up to them to go through all the files AGAIN and miss them AGAIN:)

[Berta]

Scotty I would file both the formal I-9 and also a Reconsideratin request AND- you wont like this part -

I would send them the medical evidence again- the specific records you mentioned.

I know the fristration of sending them the same stuff over and over again but sometimes it is only way to call their attention to it.

Some might wonder why you want these claims resolved-

because you get 100% P & T-

One never knows when a condition could cause them to become so disabled they would be in SMC criteria.

And one never knows what condition they have that could cause their death.

It is important-the way I see it , for a vet to seek a SC rating- even if it is Zero.

You have Raynalds disease-this is what I mean- it is in your arm now- but what could the future bring?

One could develp serious complications due to this disease and this could further add additional disability to you. Do you have a strong nexus for them to service connect this disease?

http://www.mayoclinic.com/health/raynauds-...0433/DSECTION=6

[john999]

Scotty

There is a procedure I am trying to get for Pf that is called ESWT. Have you heard of it. It is a non-invasive treatment like the way they use high energy to bust up gallstones. Ask about it from your podidatrist. I hear that it can really help and can't hurt.

[Scottyp65]

Berta,

I already figured I would send in the data again, makes it easier on them and that is what I want to do. No smoke and mirrors here. As far a case for the Raynauds I can only assume I have a case even if it secondary to Thoracic Outlet Syndrome(TOS). Bottom line is I have multiple letters from co workers and family on the condition while still on active duty. SO will have to see.

What is funny is I told the VA I had surgery for the TOS and they removed 2 muscles from the right side of my neck (scalenes) and yet there is no mention of it, but they did award an increase to cervical muscle strain from 10 -20%? i should say they are strained...... like strained out of my body! Do think there is a claim for the condition? Seriously, they went in and cut me like a fish and scraped the muscles from my 4-6 cervical vertabrae and from my first rib. So not sure what the impact is as they aren't there! kinda funny to me in a way. Worried if I say anything they will reduce me and put me less than 100% P&T.

john9999 I have not heard of it and will look into it. I have to be honest when I say I used to have zero compassion for those with PF when I was younger and running around all the time. Now I know the rest of the story. Sserves me right i suppose in some peoples way of thinking:)

[Vike17]

Scotty,

Was the Hernia already service-connected??? If it is, then when the RO sends the C&P request to the VAMC, they will list the disability that has the request for increased evaluation, the DC of that disability, and the current percent. If it isn't service-connected and the VA stated something like you said on the C&P request form, it still isn't a legal binding decision from VA, it has to be officially rated in a rating decision. I know that sounds stupid, but that's the reality of it. On the rating decision and SOC, if the Hernia was denied because there wasn't a clinical diagnoses, then the C&P exam should have taken care of that. If the C&P examiner didn't diagnose the Hernia upon examination, then that exam was insufficient for rating purposes and should have been returned to the examiner to be taken care of. \

Was the Raynauds Syndrome diagnosed while you were in the service? If it wasn't, then the C&P examiner should have diagnosed it too just like the hernia; especially if he had all of your records in front of him. If he didn't, then that C&P exam is also insufficient for rating purposes. If the Raynauds Syndrome is secondary to the Thoracic Outlet Syndrome, then you need to claim that as such. If you didn't claim it as a secondary condition, then the VA was looking to see if it was directly service connectable. If the evidence wasn't there to warrant direct service-connection, then the VA must deny the claim. Many claimant make this mistake. They claim something that should be a secondary condition, but do not specify this. The VA has no was of knowing whether something is secondary or not. They cannot make medical deterinations and determining whether a something is secondary to some other condition is just that.

As far as the Bi-lateral Fasicitis you stated;

"I was treated numerous times while in service for my left foot, and had a heck of flare up right after I seperated with my right foot. The VA physcian ordered me up some inserts and so can I say that it is SC as it occoured within the 1st year from seperation? I only want them to SC even at 0% as I have it and that is that. I have chronic ankle problems with both left and right side and the VA acknowledges it"

If there is noted treatment numerous times and you had continuity of treatment after discharge, then that should warrant service-connection. However, if it wasn't actually diagnosed, either during service or after discharge, then the VA cannot award service-connection for it. Having said that, that also should have been resovled by the C&P examiner if he had all of your records in front of him for review. One thing I did notice is in your SMR's it states "left foot pain," on a couple of occasions. This isn't a diagnosis. I'm not a doctor, so I don't know if Plantar Fasicitis is an actual diagnosis. Maybe someone else can chime in on that.

If the medical records that you sent them were not listed in the evidence section of the rating decision and SOC, then I would resend them and ask them to reconsider their previous SOC and request that either a Supplemental Statement of the Case (SSOC) be issued or a grant in benefits sought. Did you appeal these issues through a DRO? If not, then the rating activity at your RO issued the SOC. It would have been beneficial if you had requested a DRO review. Then you would have had a fresh set of eyes on your claim. If you did have a DRO look at these issues, then there is something missing as far as evidence ect... I say this because when a veteran request a DRO review, then by the end of that process, there has been probably more than just the DRO that has looked at the claim. Generally, also the coach of the appeals team and any other reviewer as look at the issue and the chances of major error slipping through becomes vastly reduced.

I hope this helps!

Vike 17

Edited October 3, 2006 by Vike17