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dapilgrim

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6 hours ago, dapilgrim said:

Can i get approved for Pes Planus and denied for Hallus Valgus when both are foundduring exam? 

#1. Were you diagnosed in-service for both, that you are aware of? 

#2. Hallux Valgus is rated 10% if you had surgery or if it's severe enough that it's would be as if the big toe was amputated. 0% if it's mild or moderate.

Flat feet are tricky with the VA. If you were not diagnosed in-service for either, it will be very difficult to get a granted decision. Even if you were diagnosed in-service the VA LOVES to say that Pes Planus are pre-existing or congenital. Furthermore, even though your entrance exam would say "normal archs" they will still make the arguement that your flat feet are pre-existing and congenital. LOL. I know because I've been fighting that since 2007.

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Yes, VA does what ever they want, including this.  However, (and I dont know, I have never seen your records), you are only gonna get paid for "one" set of symptoms with each body part.  As an example, lets make an assumption you have "pain while walking" as a symptom.  You wont get paid for this symptom with both conditions.  Pyramiding prevents that.  You get paid for just "one" set of symptoms, per body part.  

Also, make no mistake:  Its your sole responsibility for applying for benefits.  No apply, no benefits.  If the examiner discovered another condition, YOU should apply for it, if you think it will yield additional benefits.  

Case law suggests its not the VA's responsibility to go on a fishing exhibition to identify each of your claimed conditions.  

If you see the VA doc about "condition x", then its assumed you are seeking TREATMENT for condition x, not benefits.  If you want BENEFITS for condition X, then you need to apply.  Its rare when VA notices this and puts in a claim for you.  Mind you they CAN do this, but they are not required to do this unless all the criteria for an informal claim "for increase" is met:

1.  You must show "intent to apply" for one or more benefits.  

2.  This needs to be "in writing", not in words only.  

3.  You have to "specify" the benefit sought.

     These are the "old" rules, now you pretty much have to use the required VA form.  This was unnecessary in the past as long as your formal claim was on file.  Now, you fill out a form for each condition.  

    

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18 hours ago, doc25 said:

#1. Were you diagnosed in-service for both, that you are aware of? 

#2. Hallux Valgus is rated 10% if you had surgery or if it's severe enough that it's would be as if the big toe was amputated. 0% if it's mild or moderate.

Flat feet are tricky with the VA. If you were not diagnosed in-service for either, it will be very difficult to get a granted decision. Even if you were diagnosed in-service the VA LOVES to say that Pes Planus are pre-existing or congenital. Furthermore, even though your entrance exam would say "normal archs" they will still make the arguement that your flat feet are pre-existing and congenital. LOL. I know because I've been fighting that since 2007.

It was noted that i had it upon entry into the military. I claimed Pes Planus recently examiner stated it had gotten worser from military service.   They were asking the c&p examiner if they was evidence to secondary connect the Hallus Valgus. So my guess was that they would award the pes planus. i didnt think they would check for secondary hallus valgus if they were not going to award the Pes Planus.  You thoughts.

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2 hours ago, dapilgrim said:

It was noted that i had it upon entry into the military. I claimed Pes Planus recently examiner stated it had gotten worser from military service.   They were asking the c&p examiner if they was evidence to secondary connect the Hallus Valgus. So my guess was that they would award the pes planus. i didnt think they would check for secondary hallus valgus if they were not going to award the Pes Planus.  You thoughts.

Since you did enter service with pre-existing Pes Planus, you'll need to see if the examiner was able to state "at least as likely as not" (equal to or greater than 50% aggravation of pes planus was due to military service. That would provide you with a favorable nexus of opinion. What was your MOS?

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8 hours ago, doc25 said:

Since you did enter service with pre-existing Pes Planus, you'll need to see if the examiner was able to state "at least as likely as not" (equal to or greater than 50% aggravation of pes planus was due to military service. That would provide you with a favorable nexus of opinion. What was your MOS?

i was a combat signaler 4  years and a combat medic 17 years

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I entered the service with a pre-existing condition but it got worse during military service (I had gone to sick call several times from hurting my back. As long as you can show it got worse while in the service you should have no problem. Look at your medical records and see if you had gone to sick call for pes planus.

Good luck.

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