Update: C&P exam flat feet

[doc25]

Just got out of my LHI c&p exam. I was surprised that it took the examiner 1 1/2 hours. He was engaged with questions and welcomed my evidence I brought with me.

He allowed me time to explain from the onset of my flat feet symptoms,in-service diagnosis, continuity of symptoms, and present diagnosis of flat feet with continued symptoms.

Overall, I felt it went well.

I still do expect a denial because I asked if a nexus of opinion would help my claim he mentioned the VBA only requested the DBQ and there was no instruction for his opinion.

The examiner did verbally state that if it was diagnosed in-service it should have been service-connected in 2007.

So, hearing that gave me hope moving forward with my NOD I have prepared should I receive a denial letter.

 

[Sgt. Wilky]

Sounds a lot better than the typical C & P examination. Good luck with your claim.

Sgt. Wilky

[JKWilliamsSr]

Doc25 was the person that did the exam and DBQ a Podiatrist?

[doc25]

2nd C&P exam for flat feet from my C-File.

 

 

2nd Flat foot C&P Exam.pdf

Edited February 19, 2019 by doc25

[doc25]

7 hours ago, JKWilliamsSr said:

Doc25 was the person that did the exam and DBQ a Podiatrist?

Nurse Practitioner.

Which is why I mentioned I'll probably receive a denial, but I'll appeal it and keep appealing til my last breathe.

I got my C-File today and there's a clear and unmistakable error by a PA that did my initial exam in 2007 upon my discharge.

Then a FP Dr. merely concurred, BUT he clearly and unmistakably marked on my 2nd C&P the condition claimed is "at least as likely as not" (equal to 50% or greater probability) incurred in or caused by an in-service injury, event, illness (in-service diagnosis Flat Feet 5 Dec 06)

[JKWilliamsSr]

5 hours ago, doc25 said:

Nurse Practitioner.

Which is why I mentioned I'll probably receive a denial, but I'll appeal it and keep appealing til my last breathe.

I got my C-File today and there's a clear and unmistakable error by a PA that did my initial exam in 2007 upon my discharge.

Then a FP Dr. merely concurred, BUT he clearly and unmistakably marked on my 2nd C&P the condition claimed is "at least as likely as not" (equal to 50% or greater probability) incurred in or caused by an in-service injury, event, illness (in-service diagnosis Flat Feet 5 Dec 06)

The VA will never be able to overcome the fact that your entrance exam shows that your feet were normal.   The only way they can do that is to show that it was a clear an unmistakable error.   You can also argue that the PA is unqualified to make the diagnoses that your flat feet was congenital.

I am trying to recall if this was mentioned before but you have seen your own podiatrist correct?

[doc25]

7 hours ago, JKWilliamsSr said:

The VA will never be able to overcome the fact that your entrance exam shows that your feet were normal.   The only way they can do that is to show that it was a clear an unmistakable error.   You can also argue that the PA is unqualified to make the diagnoses that your flat feet was congenital.

I am trying to recall if this was mentioned before but you have seen your own podiatrist correct?

My contention is that i did not enter service with congenital flat feet. The vba needs to prove that it pre-existed.

The burden falls on the vba. My cfile is null for that evidence of a congenital flat feet diagnosis prior to service.

What I have is acquired flat feet. That was diagnosed in service.Meaning it developed over time.

Yes. I have a podiatrist and he made the same diagnosis of bilateral flat feet in 2016 and i'm still being seen every 3 months.

 

Edited February 20, 2019 by doc25