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C&p Appeal

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maine2000

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Here are the results for my C&P Exam.I appealed the last denial because,I was told that the VA did not have my service records.I cut some of the wording down.

[X] In-person examination

a. Evidence Review

Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed?

[X] Yes [ ] No

Was the Veteran's VA claims file (hard copy paper C-file) reviewed?

[ ] Yes [X] No

If no, check all records reviewed:

[X] Military service treatment records

[X] Other: vbms

a. List the claimed condition(s) that pertain to this DBQ:

plantar fasciitis

b. Select diagnoses associated with the claimed condition(s):

[X] Flat foot (pes planus)

ICD code: 000

Side affected: Both

[X] Plantar fasciitis

ICD Code: 000

Side affected: Both

Date of diagnosis: Right May 1, 2015

Date of diagnosis: Left May 1, 2015

[X] Arthritic conditions

[X] Arthritis, degenerative

ICD Code: 716.93. May 1, 2015

Side affected: Both

Date of diagnosis: Right May 1, 2015

Date of diagnosis: Left May 1, 2015

c. Comments (if any):

No response provided

d. Was an opinion requested about this condition (internal VA only)?

[X] Yes [ ] No [ ] N/A

If yes, document the Veteran's description of flare-ups in his or

her

own words:

Severe 8 out of 10

d. Does the Veteran report having any functional loss or functional impairment

of the foot being evaluated on this DBQ (regardless of repetitive use)?

[ ] Yes [X] No

3. Flatfoot (pes planus)

------------------------

a. Does the Veteran have pain on use of the feet? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

If yes, is the pain accentuated on use? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

b. Does the Veteran have pain on manipulation of the feet? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

If yes, is the pain accentuated on manipulation? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

c. Is there indication of swelling on use? [ ] Yes [X] No

d. Does the Veteran have characteristic callouses? [ ] Yes [X] No

e. Effects of use of arch supports, built-up shoes or orthotics:

Tried But Remains Symptomatic

Device Side Not Relieved:

[X] Orthotics [ ] Right [ ] Left [X] Both

f. Does the Veteran have extreme tenderness of plantar surfaces on one or both

feet?

No response provided

g. Does the Veteran have decreased longitudinal arch height of one or both

feet

on weight-bearing? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

h. Is there objective evidence of marked deformity of one or both feet

(pronation, abduction etc.)? [ ] Yes [X] No

i. Is there marked pronation of one or both feet? [ ] Yes [X] No

j. For one or both feet, does the weight-bearing line fall over or medial to

the great toe? [X] Yes [ ] No

If yes, indicate side affected: [ ] Right [ ] Left [X] Both

a. Does the Veteran have symptoms due to a hallux valgus condition?

[X] Yes [ ] No

If yes, indicate severity:

[X] Mild or moderate symptoms

Side affected: [ ] Right [ ] Left [X] Both

RIGHT FOOT:

Is there pain on physical exam?

[X] Yes [ ] No

If yes, (there is pain on physical exam), does the pain contribute to

functional loss?

[X] Yes [ ] No

(Further description of limitations requested in Section XIII below.)

LEFT FOOT:

Is there pain on physical exam?

[X] Yes [ ] No

If yes, (there is pain on physical exam), does the pain contribute to

functional loss?

[X] Yes [ ]

13. Functional loss and limitation of motion

a. Contributing factors of disability (check all that apply and indicate side

affected):

[X] Pain on movement

Side affected: [ ] Right [ ] Left [X] Both

[X] Pain on weight-bearing

Side affected: [ ] Right [ ] Left [X] Both

[X] Pain on non weight-bearing

Side affected: [ ] Right [ ] Left [X] Both

17. Diagnostic testing

a. Have imaging studies of the foot been performed and are the results

available?

[X] Yes [ ] No

If yes, is degenerative or traumatic arthritis documented?

[X] Yes [ ] No

If yes, indicate foot: [ ] Right [ ] Left [X] Both

b. Are there any other significant diagnostic test findings or results?

[X] Yes [ ] No

If yes, provide type of test or procedure, date and results (brief

summary):

October 10, 2012 x-ray show bunions with arthritis first MTP's. May

1,

2015 x-rays of the feet showed mild to moderate bunions with minimal

arthritis of the first MTPs bilaterally

c. If any test results are other than normal, indicate relationship of

abnormal

findings to diagnosed condition:

18. Functional impact

Regardless of the Veteran's current employment status, do the

condition(s)

listed in the Diagnosis section impact his or her ability to perform any type

of occupational task (such as standing, walking, lifting, sitting, etc.)?

[X] Yes [ ] No

If yes, describe the functional impact of each condition, providing one or

more examples:

Walking up to 100 yards standing up to 20 minutes

[X] In-person examination

a. Evidence review

Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed?

[X] Yes [ ] No

[ ] Yes [X] No

If no, check all records reviewed:

[X] Military service treatment records

[X] Other:

vbms

a. List the claimed condition(s) that pertain to this DBQ:

Left knee

b. Select diagnoses associated with the claimed condition(s) (Check all that

apply):

[X] Arthritic conditions

[X] Arthritis, degenerative

Side affected: [ ] Right [X] Left [ ] Both

ICD Code: 716.93

Date of diagnosis: Left May 1, 2015

c. Comments (if any):

No response provided

d. Was an opinion requested about this condition (internal VA only)?

[X] Yes [ ] No [ ] N/A

2. Medical history

a. Describe the history (including onset and course) of the Veteran's

knee

and/or lower leg condition (brief summary):

He is claiming direct service connection for his left knee arthritis which

she strained while on active duty and also injured playing football. He

endorses continuation progression of the left knee now with constant

moderate 5 out of 10 pain

b. Does the Veteran report flare-ups of the knee and/or lower leg?

[X] Yes [ ] No

If yes, document the Veteran's description of the flare-ups in his

or

her own words:

Severe 8 out of 10

c. Does the Veteran report having any functional loss or functional impairment

of the joint or extremity being evaluated on this DBQ, including but not

limited to repeated use over time?

[ ] Yes [X] No

3. Range of motion (ROM) and functional limitation

a. Initial range of motion

Left Knee

[ ] All normal

[X] Abnormal or outside of normal range

[ ] Unable to test (please explain)

[ ] Not indicated (please explain)

Flexion (0 to 140): 0 to 90 degrees

Extension (140 to 0): 90 to 0 degrees

If abnormal, does the range of motion itself contribute to functional

loss? [ ] Yes (please explain) [X] No

Description of pain (select best response):

Pain noted on exam but does not result in/cause functional loss

Is there evidence of pain with weight bearing? [ ] Yes [X] No

Is there objective evidence of localized tenderness or pain on palpation of

the joint or associated soft tissue? [ ] Yes [X] No

Is there objective evidence of crepitus? [X] Yes [ ] No

If the examination is not being conducted immediately after repetitive

use over time:

[X] The examination is medically consistent with the Veteran's

statements describing functional loss with repetitive use over

time.

symptoms and scars

a. Have imaging studies of the knee been performed and are the results

available?

[X] Yes [ ] No

If yes, is degenerative or traumatic arthritis documented?

[X] Yes [ ] No

If yes, indicate knee: [ ] Right [ ] Left [X] Both

b. Are there any other significant diagnostic test findings and/or results?

[X] Yes [ ] No

If yes, provide type of test or procedure, date and results (brief

summary):

March 9, 2013 MRI shows arthritis.

c. If any test results are other than normal, indicate relationship of

abnormal

findings to diagnosed conditions:

No response provided

14. Functional impact

---------------------

Regardless of the Veteran's current employment status, do the

condition(s)

listed in the Diagnosis Section impact his or her ability to perform any type

of occupational task (such as standing, walking, lifting, sitting, etc.)?

[X] Yes [ ] No

If yes, describe the functional impact of each condition, providing one or

more examples:

One flight of stairs at a time standing up to 20 minutes lifting up to 20

pounds

[ ] Review of available records (without in-person or video telehealth

examination) using the Acceptable Clinical Evidence (ACE) process

because

the existing medical evidence provided sufficient information on which

to

prepare the DBQ and such an examination will likely provide no

additional

relevant evidence.

[ ] Review of available records in conjunction with a telephone interview

with the Veteran (without in-person or telehealth examination) using the

ACE process because the existing medical evidence supplemented with a

telephone interview provided sufficient information on which to prepare

the DBQ and such an examination would likely provide no additional

relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Was the Veteran's VA claims file reviewed? No

If no, check all records reviewed:

[X] Military service treatment records

[X] Other:

vbms

MEDICAL OPINION SUMMARY

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: Is the condition of his feet related to

treatment in service

b. Indicate type of exam for which opinion has been requested: feet

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE

CONNECTION ]

b. The condition claimed was less likely than not (less than 50%

probability) incurred in or caused by the claimed in-service injury, event

or

illness.

c. Rationale: The plantar fasciitis found on active duty is a progression of

his pes planus due to service

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR AGGRAVATION OF A

CONDITION THAT EXISTED PRIOR TO SERVICE ]

a. The claimed condition, which clearly and unmistakably existed prior to

service, was aggravated beyond its natural progression by an in-service

event, injury or illness.

c. Rationale: The pre-existing pes planus that was not symptomatic exam

aggravated beyond its natural progression due to service as evidence by the

diagnosis of plantar fasciitis, and now bunions with arthritis of the first

MTPs

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: Is the arthritis of the left knee incurred

in or caused by pain strain tendinitis of the left knee during service

b. Indicate type of exam for which opinion has been requested: left knee

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE

CONNECTION ]

a. The condition claimed was at least as likely as not (50% or greater

probability) incurred in or caused by the claimed in-service injury, event

or

illness.

c. Rationale: I found evidence in his service treatment records of ongoing

left leg soreness diagnosis of left knee strain on August 9, 1989 ; injuries

chronic strain playing football August 21, 1989 and May 4, 1991 over use

injury along with orthopedic evaluation showing ongoing tendinitis in

September 11, 1989 patella laxity. The arthritis is natural progression of

these chronic conditions.

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There is a "less likely than not" statement that i do not wuite get yet..but there is also a
" at least as likely as not (50% or greater

probability) incurred in or caused by the claimed in-service injury, event

or illness.{ statement that seems to be for the left knee and that should bring you a rating there.

"Here are the results for my C&P Exam.I appealed the last denial because,I was told that the VA did not have my service records.I cut some of the wording down."

It might have been wording that would clarify this exam.

You might have a good chance of a better EED by searching for the 38 CFR 3.156 info here.... as to newly discovered service records.

Did you raise that point in this appeal?

I see you have 50% now so obviously VA surely had the STRs when they made that decision for the 50%.

You might also have possibility of CUE claim.

If the VA has probative evidence ( I assume they have the STRs when they awarded 50%) and then said they dont have them or couldn't get them etc but they show up ... that is a Violation of 38 CFR 4.6.

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less likely as not? I don't get that either but he has a '' at least as likely as not 50% greater''

They should deferred this claim for IU because his disability keeps him from working.

so if not deferred and based on Ms Berta Assessment because of his records reviewed no & then a yes... he should file CUE.

Imo I see a 70% rating and should be deferred to IU.

.............Buck

Edited by Buck52
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Yes I agree with you Buck that they should defer the TDIU,based on this C & P exam.

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