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Cliff757

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The VA gave me 60% disability back in 2009 for sleep apnea and pseudofolliculitis barbae.  I also submitted a claim for plantar fasciitis which is documented in my medical records but they denied it.  I recently submitted another claim  for plantar fasciitis again, hypertension (which is documented in my medical record along with my medication. The Va hospital diagnosed me with anxiety and depression I attended the mandatory classes, but the results came back as not being service connected, and I'm really confused and disgusted on their decisions on everything.  They did give me a 0% rating service connected  for my hypertension.  Is there something I'm doing wrong with my claims because I have friends that have less to claim but ended up with more.               

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They are saying that the evidence you sent to them is what they had when they denied in the past, for the foot condition.

Also the two stressors you mentioned in the Anxiety depression pdf. have nothing, as far as I can tell here, to do with your military service.

If you have definitive proof in your SMRs that you were diagnosed and/or treated for the foot condition inservice,with continuous treatment records, and have anything in the SMRs (or your military personnel record, )revealing evidence of an inservice stressor, that is what they need.

We have topics here available under a search for what is and is not a stressor-for VA purposes.

 

Edited by Berta
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Berta,

The evidences comes straight from my SMR's and it's documented that I have been issued foot inserts had therapy on several occasions.   I have also been to the VA hospital after retired and I received the same diagnosis.

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Did they give you a C & P exam for the foot problem? 

If so can you scan and attach it?

Did they state or list as evidence , that they reviewed your SMRs?

You can file a CUE claim, enclosed the highlighted copies of the SMRs that reveal inservice diagnosis/treatment for these foot problems.

Also you can add that it is also a claim under 38 CFR 3.156.

I don't think they even had your SMRs, and even if they did they probably skimmed through them.

CUE and 38 CFR 3.156 claims are explained here under a search.

This is a painful and ratable condition. I have it too.

   

  

 

 

 

 

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Berta,

I didn't have a C& P exam.

They claimed they reviewed all the information I sent them. I have attached them to this message.  I sent them  my SMR's, My Health Net records from the VA hospital and my records from my private doctor.

I'm going to be submitting a CUE claim and I'm going to do a NOD for my hypertension claim. 

Evidence.pdf

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"§ 4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.( 38 CFR 4.6)"

I would ask them to call a CUE ( clear and unmistakable error) on  the decision ,under the auspices of  38 U.S.C. §§ 5109A ,and to apply this regulation properly to the enclosed entries in your SMRs ( for the foot condition), as listed below (list the enclosures on the CUE letter and mark them as Exhibit A,B,C, etc or any way you can identify them-I use yard sale stickers)and list and attach this regulation ,also as evidence and ask them to give you a C & P exam.

Send it 'Attention to': and then use the alphanumeric code that appears after Re: on the denial letter, over the VARO address-the alpha is the initials of the last person who worked the claim.

Make sure you copy it first and get a proof of mailing.

And mark your calender, to make sure if they do not react on this in time, that the NOD year deadline does not run out.


 

 

Edited by Berta
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