Jump to content
  • momo-001.jpg

     

  • 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
     
  • 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

  • VA Watchdog

  • 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

  • 0
doc25

C&P exam Scheduled for Re-opened flat feet claim

Question

So, I was able to obtain a filled out DBQ for Pes Planus (flat feet) and submitted a claim  to re-open my previously denied claim.

I've been scheduled for a c&p exam with LHI and a Nurse Practitioner is doing the exam.

The anxiety shot through the roof when I got the letter (it never gets old). 

I've read through my initial c/p exam from 2007. That one was done by a PA and the examiner somehow concluded that my in-service diagnosis was congenital (pre-existing) without looking at my entrance exam that says I had normal archs. That claim was denied. I was denied again in 2016 when I reclaimed it. This will be my third time claiming it. 

Hopefully, 3rd time is the charm. 

Can I take all my evidence? Or no?

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

The examiner should read your VA medical file.  TAke private reports with you, or submit those into evidence ahead of time.  

What were the reasons for denial?  Do . you have symptoms for pes pllanus?  What are they?  

Remember, a diagnosis is required, but to get a rating it will be rated on symptoms.  If your pes planus is asymptomatic, then you will likely be rated at 0 percent, or less.  Go back to the basics of Caluza:

1.  Diagnosis .  a c and p examiner is unlikely to diagnose in the first instance.  

2.  event in service or aggravation.  Do you have this documented?  

3.  Nexus, or link between you in service envent and your current diagnosis.  

    If you are describing symptoms, and your symptoms vary, tell him what they are like on your worst day.  

Share this post


Link to post
Share on other sites
  • 0
2 hours ago, broncovet said:

The examiner should read your VA medical file.  TAke private reports with you, or submit those into evidence ahead of time.  

What were the reasons for denial?  Do . you have symptoms for pes pllanus?  What are they?  

Remember, a diagnosis is required, but to get a rating it will be rated on symptoms.  If your pes planus is asymptomatic, then you will likely be rated at 0 percent, or less.  Go back to the basics of Caluza:

1.  Diagnosis .  a c and p examiner is unlikely to diagnose in the first instance.  

2.  event in service or aggravation.  Do you have this documented?  

3.  Nexus, or link between you in service envent and your current diagnosis.  

    If you are describing symptoms, and your symptoms vary, tell him what they are like on your worst day.  

In-service diagnosis for flat feet in 2007.

Then I was diagnosed again by a Va podiatrist in 2016.

Apparently, I had "congenital" flat feet according to that flippin' PA. Which was BS.

The nexus was inadequate because it did not state "less likely than not" or "not due to" only that bogus rationale about congenital flat feet was provided. I had normal archs when I was accepted into service.

I'll post the exam.

C&Pfeetexampg1.pdf

C&Pflatfeetpg2.pdf

In-service Dx.pdf

Edited by doc25
clarification

Share this post


Link to post
Share on other sites
  • 0

You might have a CUE potential, if the claims succeeds.

Or a 38 CFR 3.156 (c) potential for more retro!!!!   if it succeeds. The Pre existing congenital stuff is VA BS.

Va has an enhanced duty to prove pre-existing conditions, except many vets do not fight that and never appeal if they are denied for that.

My father, a naturalized  immigrant who became a US citizen and even my brother were not accepted into the Mil because they had flat feet.

Edited by Berta
added more

Share this post


Link to post
Share on other sites
  • 0
19 hours ago, Berta said:

You might have a CUE potential, if the claims succeeds.

Or a 38 CFR 3.156 (c) potential for more retro!!!!   if it succeeds. The Pre existing congenital stuff is VA BS.

Va has an enhanced duty to prove pre-existing conditions, except many vets do not fight that and never appeal if they are denied for that.

My father, a naturalized  immigrant who became a US citizen and even my brother were not accepted into the Mil because they had flat feet.

Yea.Dr.Bash mentioned the CUE when he looked at the evidence.

A PA did the initial exam.

Then a GP dr. (QTC)did the 2nd exam, which he only concurred with the PA's rationale.

Dr.Bash did my exam for the DBQ.

Now, a NP will conduct the c&p exam. Just my luck.

I do anticipate a denial but this time I'm not going to let it go and appeal even if takes another 10-20 yrs.

Oh yea I got a call about my c-file today and apparently there were two requests I made and they just wanted some clarification. The lady that called said it should arrive 2-3 business days. 

I then rescheduled my LHI appt. I was surprised they let me reschedule.

 

 

 

Edited by doc25

Share this post


Link to post
Share on other sites
  • 0

Great Doc- this BVA decision was denied as to higher rating for the veteran's bilateral foot SC condition, but it does contain the ratings for this condition:

.https://www.va.gov/vetapp18/files7/18120752.txt

Make sure the C & P doc is aware of whether you have pronation or supination (sp?) as these can be very painful, even with orthonics.

Pronation is when the arch causes the foot to turn inward, supination means it turns outward.

I am a greeter at my church but always have a chair next to me , if I feel my arch is caving in.

We had a fire drill at my church last Fall and I brought my rollator with me-because they were worried about the disabled people in our congregation. I wanted to see how long it would take a person with a rollator to get out of the exits fast. We all did this  record time. But a woman felt she was going to fall as we  stood outside waiting for the drill to be over. I gave her my rollator to sit on. She has some sort of back condition as well as foot problems.

I  then started to feel like I would fall as well, this condition also  causes balance problems,- but I didnt.

I have no problems weed wacking ,shovelling snow,or doing housework- it is when I stand in one spot too long that makes me uncomfortable.

I have severe pronation- I thought it was just my right foot but the podiatrist said no- it is in both of your feet, the right foot just bothers you more-but it is bilateral.

If it gives you pain , or anything that fits into the ratings make sure the doctor knows this.

Medicare pays for me to get a pedicure every 6 weeks from my Podiatrist, as he can detect any potential calluses  that would be due to my foot problems, to remove them. It feels like I am walking on a cloud when he gets done.  

If you ever get knee, hip, or back pain, it can often be caused by flat feet..and claimed as secondary.

Good Luck , I hope this goes well for you. When they rate it, if we can see the denial  (s ) we can determine how to word the CUE claim, as long as it was at least at 10%, by medical evidence they had, when they denied.

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 1 reply
    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines