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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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Bullwinkle

Unclaimed Finding During C&P Exam-Does this require a new Claim?

Question

During my C&P exam the examiner had both my feet x-rayed. My original claim was for secondary plantar fasciitis of the LEFT foot due to LEFT leg shorting. The examiner stated it was "as least as likely". Apparently there are more serious issues with my RIGHT foot based on the x-rays however, this was not part of my original claim. Would this be something I would need to do a new claim for? Any advice would be much appreciated. Thank you.

 

X-Ray Report:

RIGHT AND LEFT FOOT: AP and lateral.

 

CLINICAL INDICATION: C & P examination.

 

REFERENCE: Left foot 5/24/2016.

 

The lateral views were obtained in the weightbearing position.

 

Right: There is a hallux valgus deformity. There are arthritic

changes at the first metatarsophalangeal joint. There is spurring

at the dorsal aspect of the head of the first metatarsal. There

are moderately severe arthritic changes at the interphalangeal

joint of the first toe. There is a 3 mm spur at the plantar

aspect of the calcaneus. The calcaneal pitch is in the borderline

normal range.

 

Left: There is a mild hallux valgus deformity. No fracture

deformity, bony erosion or destructive lesion is noted. The

calcaneal pitch is in the borderline normal range.

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It would make sense that one foot with disability could affect the other foot.

I have severe pronation. Years ago when I was fitted for my first orthotics, I asked the podiatrist why, since it seemed my right foot was the main problem, why I needed orthos for the left foot too and he said because you think you have severe pronation in right foot only because it hurts more than the severe pronation in your left foot. 

Many foot conditions can become bilateral conditions, specifically those that affect the arches, and ankles.

Did the doctor make any statement that the right foot was affecting the left foot?

I sure would file a claim if I were you and I hope you have a strong nexus ,unless the left foot is already service connected, as to the 'leg shortening'.

But I don't understand this:

"My original claim was for secondary plantar fasciitis of the LEFT foot due to LEFT leg shorting. "

Second to 'leg shortening' ? Why is the leg shorter? 

My neighbor ( USAF) had TKR ( total knee replacement service connected ) and one leg was definitely shorter than the other ,bothering him years after the surgery.VA doc said everyone has one leg shorter than the other but after griping alot, the vet got orthonics that  helped  his balance better. He didnt file for any secondary conditions to the TKR.

Edited by Berta

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My left leg was determined to be 2 cm shorter than the right leg about six years after entering the army. Because I was having issues with my hip they ran some test and one of the test was to measure my legs. I had never considered this as an issue previously as I never even knew it.  In my service records the army doctor wrote the pain in my hip was "caused by a 2% biomechanical altered gait caused by left leg discrepancy". They fitted me with heel lifts at that time. When I got out of the army the VA gave me a SC diagnoses of left leg discrepancy with 0% ( Presumption of soundness).

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Yes it does, because the VA rarely does anything for you when it comes to claims.

I claimed my right shoulder when I left service and was awarded 10%, later increased to 20%.  During the C&P for the increase the examiner told me that they did comparison x-rays on my left shoulder and that I had arthritis of my left shoulder.  I asked the examiner if I should claim my left shoulder and she said yes.  So, right there she could have included in my C&P, but that's not how it works with the VA.  So after the increase claim for my right shoulder was complete and in the bank, I did submit a claim for left shoulder condition secondary to my service connected right shoulder and used the VA x-ray's as my evidence and was service connected secondary at 10% for arthritis.

Now, I just finished a claim for and increase to my service connected right foot plantar facsiitis, which was denied, however, the rater asked the examiner to opine regards the athritis of the ankle that the radiologist found and to also opine as to whether the arthritis was at least as likely, which she did,  and the rater also asked the examiner if they, the plantar facsiitis and arthritis of the ankle, are rated seperately, and the examiner said yes and gave the rationale.  However, all that said, there is no mention of that in my denial.  I beleive that is because I did not claim it.

So, another round of claims will be going down range soon.  I use their evidence and have won in the past.  You just need to understand that the Va's "Duty to Assist", is actually "Duty to Resist" as in awarding your claims.  Again, they are not going to do anything for you, regards claims.

FWIW,

Hamslice

 

 

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Glad you made it thru your exam. As stated above it can go both ways. The VA granted me a couple different disabilities without me even asking after x rays, MRIs etc. But I would go ahead and open a secondary claim for the new condition. Good luck and keep us posted. God Bless

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