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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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Doc25 have you ever filed a notice of disagreement or did you just accept the decision without an appeal?  The reason I ask is because if you have an entrance physical that states your feet were normal the VA has to accept and conclude you were fit for duty upon entrance in the military.   Was the person that made the so-called diagnosis that your flat feet was congenital a podiatrist? If you have an entrance physical that says normal feet I don't see how it is possible for anyone (even a podiatrist) to make the conclusion that your flat feet was congenital when you are an adult. I can't see how the denial would be able to stand on appeal.

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This sounds like still another VA "made up denial".  

Here is the deal:

    You go into the military, and you get a pre entrance physical.  Now, there is a presumption here.  The presumption is that your doc is competent, and notes any deficiencies on your medical records.  

     Then you go to the service and get an "exit" physical.  Now, any maladies you had between entrance and exit physicals are "presumed" to be caused by service.  

     Now, VA can, in some circumstances, "rebut" the presumption.  But they have to have evidence that your condition pre existed service.  The Board can not make unsubstantiated medical opinions without evidence.  

     Therefore, its my opinion that, based on what you posted, the entrance physical (unless your flat feet was noted on your entrance physical) indicated you did not have flat feet, you have them when you get out of service, so you are entitled to that presumption "provided that" you applied within a year of exit from service.  

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I'd love to find my entry medical records  all I remember is they took about 12 of us in this room lined us all up and said strip necked..we did and the Dr came in behind us and had us all to bend over and took his finger and said cough to the right  now cough to the left...that was it as I remember  they never ask us  or me anyway about any medical problems I may have had...we all got dressed and that was it next thing we did was swear in.  and the Capt  said gentleman welcome to Uncle Sams Army

Now things have changed I'm sure,  this was 1968

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Yes doc25  take all your evidence and ask if the examiner has it?  if not let him/her have it  but make yourself extra copies first.

you want to make sure they have all your evidence and this would be a good time to have it in case va never sent it all in to the examiner.

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37 minutes ago, Buck52 said:

Yes doc25  take all your evidence and ask if the examiner has it?  if not let him/her have it  but make yourself extra copies first.

you want to make sure they have all your evidence and this would be a good time to have it in case va never sent it all in to the examiner.

Will do. I have everything ready in chronological order from my entrance exam to my last podiatry visit at my local VA.

Also, I should be receiving my C-File on disc around Wednesday or Thursday. So, I'll have all weekend to go through it. My C&P was rescheduled for Monday 2/18 at 8am.

Employer denied my leave request for this wednesday. just my luck.

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