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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?

 

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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.  

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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

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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

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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

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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.

 

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