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Pes planus caused or aggravated by service

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11bjohnny

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Hi all, 

I am putting together a claim for pes planus.

I am currently rated for my right ankle, right hip, and left knee; all direct service connection not secondary.

My entry and exit physicals both have pes planus marked, but they were mild upon entry and moderate when I got out, both mentioned as asymptomatic.

I was infantry so lots of rucking and foot patrols, so I am sure that played a role in my arches getting flatter...I did buy over the counter insoles while I was in and I was just recently issued insoles by the VA.

My question is, with the only mention in my medical records being my physicals and the arches being worse at the end, is it better to claim here for a direct cause by service, or aggravated by service?

 

Thank you in advance!

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Ok.  Once you go to work at the VA as a rating specialist, I suggest you concern yourself with "whether this is aggravation" or direct sc.  Until then,   You apply for benefits, let the VA rating specialists decide whether its primary, secondary, aggravated, presumptive, etc.  

They may not like you doing their job for them.  The Va is supposed to maximize your benefits, so telling them "less" is better than too much.  

Have you ever heard of the salesman who talked too much and talked himself out of a sale?  Dont do that.   This is a great example of "less is more".  

Here is a hypothetical example of why:

    Lets say you think that your pes planus was "aggravated"..and it got 50 percent worse.    But your rating specilist is very "Veteran friendly", or maybe did not even notice you had it prior to your entrance to service so he rates you as direct sc.  

    I dont suggest you give VA "reasons" to give you a lower rating.  They are great at lowballing, but some dont lowball.  I have seen more than one "hiballing" rating..way higher than I ever thought it could be.   

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  • HadIt.com Elder

I have pes planus so bad I can't walk  although I never had it while in military or reported anything about my  feet, my VA PCP says not much I can do about it, I research it and For me I think its caused by my over weight problem .

My VA PCP Nurse wants me to come  back in about 4 weeks if its not got better   and he said he will get me some foot arches although I do Have hi arches...they say a cold wrap will help but they are expensive to buy  ..so I put ice in a foot tray and fill half full of water and soak my foot in it...it seems to help with the pain but only temporary .

IF YOU HAD FOOT PROBLEMS WHILE IN THE MILITARY  YOU HAVE A GOOD CHANCE WITH FILLING A CLAIM.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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You will need  medical evidence showing your pre-existing pes planus was aggravated/worsened due to your military service.

By having service treatment records that show a change in the condition from mild on the entrance exam to moderate on the discharge exam, and your submission of a lay statement that your symptoms during active duty required you to purchase inserts is favorable to grant the claim.

I would dispute the service treatment record evaluation that states you were asymptomatic, as you found it necessary to purchase inserts to help with symptoms.

The VA may not grant it based upon the above evidence.

I am thinking the VA would most likely schedule you for a C&P exam once you file, and your could easily have a lousy C&P exam, like I did.

You should try to get an independent medical examination with an opinion, at least as likely as not,or a completed DBQ, linking the aggravating of this condition to active duty. PRIOR to filing this claim. 

A primary care provider's opinion will suffice, however a specialist in orthopedics or podiatry is stronger medical evidence.

Once this is done, submit the claim to the VARO as a fully developed claim..

Edited by 63Charlie
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This is what happened to me...., while I agree with Bronco, at first it didn't work out, but I used what I gained and taylored my next claim accordingly.

I was direct connected 10% for right foot plantar fasciitis after leaving service.

Over time I developed a limp and left foot pain.  So, I claimed left foot pain secondary to my right pf.  I was granted 0% for left ankle tendonitis.  ????, 0% for pain.  Not sure how that works.

But, with this new diagnosis, I requested and received therapy on my left and right feet.  After 7-10 weeks, and little relief, I read my reports from the therapist.  I now had a diagnosis for bilateral pf, bilateral ankle arthritis and worsening left achilles tendonitis.

So, with that, I submitted another claim(s) for an increase in my 0% left ankle achilles tendonitis and a new claim for bilateral pf and arthritis of both ankles.

In the end, they gave me 10% for bilateral plantar fasciitis (like tinnitus, one or both, only 10%), 10% for left achilles tendinitis (includes arthritis), and 10% for right foot arthritis.

So, my 10 got me a new 0 which got my two new 10's, for a total of 30.  I did have to steer the boat a little on this.

Now, because of Bronco's advice, I did get a lot more than I bargained for with my heart.  I was 0% for high blood pressure and 30% for LVH.  At my last physical the doc saw mini-beats or irregular heart beats.  So, I had my cardio do a test and it met the VA's scale for 30%.  I figured my best would be the 30 for IHB's, by the book, but with Bronco's suggestion to claim for symptoms, not diagnoses, I claimed chest pain (two episodes), heart beat issues and sweats, etc.  And supporting doctor (clinic) appointments and notes.  That and for an increase in my HBP because of an increase of medicine and and old record of a high number on two separate occasions.

I was awarded, 30 for irregular heartbeats, 10 for HBP in addition to my 30 for LVH.  I didn't think I could get both 30 for the beats and 30 for the LVH.  I think this is where "symptoms" trump's diagnosis.  

FWIW,

Hamslice

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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So when the VA issued you insoles did they give reasoning why?  So If they said you have flat feet then you have your diagnosis.  

Are you within a year of your separation date?

You can try the direct connect if you can show in-service events where it was aggravated.  Now if you are within a year of separation, then you can still claim it as being in service.  

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  • HadIt.com Elder

If your STR's showed you have the condition going in, and they show they are even worse getting out, seems like you would be looking for "aggravation ". Your active duty, MOS, you would think would be a slam dunk. Of course you need to look up the diagnostic code and see if your current condition would result in a net value for disability. You get the difference. Example your conditions would be rated at 10%, your discharge conditions would get you 30%. 30-10=20% rating. Maybe; this is the VA! Good luck.

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