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Flat Feet Confirmed, Poossible New Or Cue Claim & Secondary Condition?


cowgirl

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  • HadIt.com Elder

Feet issue disability denied more than 10 years ago.

Question #1 Does this Ortho statement from VA confirm that finally, truly that i have flat feet, pain and swelling? Not first time I received support socks or inserts, but this is a clear diagnosis. right>?

severe pes planus, posteriot tibial tendon dysfunction and chronic edema

(overall summary; other details include Vasc, Neuor, and Ortho specifics)

Question #2. Is this confirmed diagnosis possible new claim, CUE and / or a Secondary condition claim re"lumbar strain result of first condition "flat feet" and non support during service aka steel toe combat boots, low quarters and dress pumps..... etc??

*Note: my SMRs "are not SILENT and have several entries that give nexus to this now "confirmed condition" of flat feet, plantar facisitis, ankle strain and swelling. IMO should confirm feet condition and hopefully connect to constant ongoing pain with edema, varicos veins, etc and to SC lumbar strain, knee mensicus tear/ SC surgery .

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  • HadIt.com Elder

You have to link it to Service and also show that it caused problems after 1 year. I am 30% for Pes Planus and at least they were fairly easy after I showed I had them in Service.

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  • HadIt.com Elder

Cowgirl,

Regarding question #1, it sure sounds like a diagnosis to me.

As for question #2, you can claim any condition you want. But if the claim doesn't have the three requirements of service-connection, then the VA will simply deny the claim. Remember for direct service-connection you must show 1) an inservice occurance of an injury or manifestation of a disease, 2) a current condition with a clinical diagnosis, and 3) something connecting 1 and 2, such as continuity of treatment or an IMO, or both. For a presumptive claim you must be able to show that a presumptive condition listed under §3.307-3.309 manifested itself within the presribed time limits.

As far as CUE, if the claim was denied because it wasn't diagnosed at the time, this doesn't constitute CUE. A changed diagnosis or a condition being diagnosed at a later date doesn't meet the criteria of CUE. What was the actual reason for the denial ten years ago? Also, what does your entrance exam state when you enlisted?

If you are claiming this as secondary to your back, you'll need to ask your doctor whether the two are related. It is rather common for people that have lower back disabilities to have knee problems because of the different gait. But as far as flat feet, that would be a question for your doctor.

If you want to claim the lower back as secondary to flat feet, you'll still need to ask your doctor for an opinion. Having said that, you'll need to show that your flat feet warrant service-connection before the secondary lower back condition will be considered.

You also noted that your SMR's aren't silent for this. You'll need to take a look at the denial from ten years ago to find out what the denial was based on. If you posted the reason for the denial ten years ago, perhaps I can shed some light on this situation.

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