Jump to content
  • Searches Community Forums, Blog and more

  • 0
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.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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

Share this post


Link to post
Share on other sites

Ad

  • 0

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).

Share this post


Link to post
Share on other sites
  • 0

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

 

 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 21 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 21 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

×

Important Information

{terms] and Guidelines