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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
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      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

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      8.  The board awarded my earlier effective date in Feb. 2020.  

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    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Hamslice

Plantar fasciitis and arthritis seperate or pyramid?

Question

Hello,

Anyone know if (same foot) plantar fasciitis and arthritis seperate or if it would be pyramiding?

Looks like I may be service connected (secondary) for arthritis for my right foot.  Which is usually 10%.  I am already 10% for plantar fasciitis.

Doing some research, but havent found it yet,

Thanks,

Hamslice

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My first thought about persuing SC and compensation for both plantar fasciatis and arthritis is that you are going down a rabbit hole to nowhere.  However, it is possible you have both and different symptoms for each.  Its all about "symptoms".  You first get "service connected" for a malady, but your compensation is about symptoms.  

Assuming you are/can get service connected for arthritis/plantar fasciatis, it MAY not be easy to differentiate between the symptoms, that is, are they cause from plantar fasciatis, or arthritis?  

Its the same with mental disorders.  If you are diagnosed with 'bi polar" and "depression", it wont be easy to distinguish which of these causes your occupational impairment, but if you are working full time, then you wont be getting 100%, as both of these mental health disorders are rated on the same schedule, with 100% being total occupational impairment.  

With arthritis/plantar fasciatis, you will only get compensated for pain in your foot for one of these, probably.  

I recommend you apply for both of these, if, indeed you have been diagnosed with both.  Let the doctors and the rating specialists "sort out", for example, the loss of range of motion to your foot belongs in.  Its been my experience that plantar fasciatis is not permanent, and symptoms that resolve themselves are not compensable, while arthritis rarely goes away.  (I have both, also.)  

As for any disorder you need the "big 3" Caluza triangle of current diagnosis, event in service or aggravation, and nexus to win service connection.  

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broncovet,

I am already SC'd for plantar fasciitis for pain at 10%.  I filed a claim for and increase because I now get injections and wear hard shoe inserts, orthodics, which I did not when I got my initial 10%,

"With arthritis/plantar fasciitis, you will only get compensated for pain in your foot for one of these, probably."

They, the VA after my "initial review" asked the C&P examiner to write a addendum about the arthritis in the right foot, which she did, favorably, "at least as likely" cause by the SC'd right foot.

My question then with a better explanation would be........

Could I be rated 10% (pain) for plantar fasciitis and 10% arthritis (x-ray) for the same foot?

Thanks,

Hamslice

 

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broncovet,

I screwed up as usual.

They the VA are asked for a addendum about arthritis in my right ANKLE that showed when they x-rayed my right foot.

Boy, this ought to get interesting.  I claimed increase for right foot plantar and left foot pain and left ankle stability/pain secondary to the right foot plantar. 

All three of those are in myhealthyvet as "as least as likely" and now just waiting on the rating.  But now they may be adding the right ankle.

Anyway,  just best to wait for the rating(s) and see...

Thanks, and sorry for the mix-up,

Hamslice

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Ham, 

  Of course, I dont know for sure, but I think the answer is YES.  Plantar is different than arthritis, and its possible or even likely to have more than one thing wrong with each individaul body part.  For example, you could have scars And pain.  Seperate symptoms could generate additional ratings for seperate conditions.  The pyramiding comes in if you have arthritic pain and plantar fasciatis pain.  You probably will get paid for only one of these.  

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broncovet, hamslice,

What exactly did you do or submit to the VA to get your 10% for plantar facitiis? I have tried to claim it twice, it's documented in my SMRs, and my healthnet and  I have had several visits to the VA hospital for it but I'm still getting denied.    

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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