Do I Have A Secondary Claim & Is It To Late?

[jecsb4]

Hi Veterans and Friends & Families of Veterans,

I am a army reservist that was mobilized in 2003 and then again in 2005 for state side duty. I filed a claim for several issues, and received a 0% for bilateral hernias, 0% for flat feet, 10% hammer toes, 20% for wrist ligament severed, and 10% for bunions for a combined 30% rating. VA denied me for several other issues. My claim dates back to service from March 04 - Jan 05. I filed a NOD with some additional evidence. I have not heard back from the VARO, except for their standard letter saying they are working on my claim.

My question is this, my left foot suffferd a posterior tibial tendon dysfunction - (a small tear in the ltendon) which causes severe pain while I walk. This was discovered in Sept 2006. Is it to late to file this as an additonal claim secondardy condition to my flat feet?

My civilian doctor does not reccomend surgery at this time, I have been wearing custom fitted orthodicts for years and I have been to 3 different doctors and thhey feel that I am disabled an can only have a desk job.

VA only gave me 0% flat feet and have not requested a C&P for my feet! Even after I have asked for one.

If I can file thisi new claim, does that mean they will try to answer the new claims before they adddress my NOD?

Thanks all!

Joe

[Vike17]

Jecarey,

You stated you left active duty in Oct. 2003, and the in Dec. 2003, your depression manifested itself. If you weren't on active duty when the depression manifetsed itself, then there really isn't a basis for service-connection.

Further, the only way this would fall under the presumptive rule is if you were a POW.

Also, I don't think because you were in the reserves at the time and you were called up a couple of months later after the incident, that it would be considered as aggravating a prexisting condition. This would be the case if we were talking about a physical injury, but I have never heard or seen the VA award service-connection on this basis for a mental disorder. I may be wrong though. You may want to check some court decisions to see if they are out there.

Carlie,

Here is the rating criteria for the wrist;

5214 Wrist, ankylosis of:

Unfavorable, in any degree of palmar flexion, or with

ulnar or radial deviation.......................................................................

..... 50......... 40

Any other position, except favorable............................................................ 40......... 30

Favorable in 20º to 30º dorsiflexion.............................................................. 30......... 20

Note: Extremely unfavorable ankylosis will be rated as loss of use of hands under diagnostic code

5125.

5215 Wrist, limitation of motion:

Dorsiflexion less than 15º............................................................................. 10.......... 10

Palmar flexion limited in line with forearm...................................................... 10.......... 10

Vike 17