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1st VA claim, presumption of soundness Q's


Michvetinfla
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Question

I found your website. I have never posted anything asking anyone about this but I'm finally doing something about it and desperately need some advice. 

 

The question specifically has to do with my physical exam at MEPS and the presumption of soundness attached to it. If I am found 100% physically fit and did not have to sign any waivers, how can I have a disability existing prior to entry discharge for a physical disability not previously noted at MEPS or in any previous records? Am I correct that unless otherwise noted at my MEPS examination, any physical injuries thereafter besides something congenital had to have occurred in service? As in nothing was noted for me other than I was in 100% perfect physical shape. Secondary question will be about how to connect the dots with my disability and future appointments and what I should be looking for in responses from doctors which I will go into further below. 

 

Background information  

I am sorry if this gets lengthy or the wrong Forum to put it at but I really don't know who else to ask and have never told my story or asked any advice from anyone about this.

 

My entire life I knew I was going to be a marine and that's all I wanted to be as my grandfather was a World War II Marine veteran my father an army veteran so I knew and trained for very young to be a Marine it was my hopes and dream. I was a high school sport standout in every sport, won the state championship football perfect physical health ( I am 6 foot 4 inches 180 lbs) the plan was to go to college then be a Marine Corps officer. This was 1988 when I graduated high school, by 1989 I was in college not enjoying it and watching the Middle East get very hot. After discussing it with my father I had his blessing to drop out of college at Eastern Michigan University and enlist in the Marine Corps. I did the Delayed Enlistment program and they actually called me up early and reported in November 1990 to Camp Pendleton California. I will mention that I got a perfect score on the ASVAB by the recruiter and offered any job and I chose and signed a contract for intelligence with a Meritorious Promotion to private first class after graduating boot camp and Lance corporal after graduating my MOS School and upon graduating my MOS school and also a $10,000 bonus. Again just establishing my sincerity and fortitude that this was my dream and purpose I had trained for my entire life And I wouldn't be signing a contract adding time to my enlistment if I truly wasn't planning on making a career of the Marine Corps. 

 

Boot camp In the Marine Corps is very stressful and  it was during the very beginning of the Gulf War. Needless to say to drill instructors were hyper-vigilant in one of them even got busted from our platoon for striking some of the recruits. I am only mentioning these boot camp incidents to establish a fact. Anyone knows in boot camp unless you are on your deathbed you do not report to sickbay. I was the same way but then again I was always healthy in my entire life. In second phase my feet started hurting when we would go on marches and humps and by the time we went back for third phase in San Diego I did report to sick call. I did miss the final March because my feet and lower legs hurt too bad pins and needles numbness pain Etc and it is in the boot camp medical records that this did happen and I did go to sick call. If I recall while in bootcamp I just was on light duty for a few days and we were so close to graduating I only missed a few days and graduated with my platoon. Throughout my entire boot camp I went to Sick Bay sick call the one time for my feet they put me on light duty I missed a few days of training and that was it and I graduated February 1st 1991 with my original  platoon I started with. I also had a final physical fitness test score of 299 out of 300. I was perfect in Pull-Ups, sit ups and the 3 Mile Run was 10 seconds short. I had one point subtracted because I was 10 seconds over the 18-minute mark, I'm saying this to establish I was in perfect physical health otherwise besides my feet and legs being so sore and painful. 

 

Went home for boot camp leave reported back to Camp Pendleton for Marine combat training  (MCT). I was told that we had to pull guard or KP duty until space was available in the class. While in this holding platoon, doing guard Duty, the same problems occurred with my feet as they were tingly numb painful and this was after just standing post. And so I went to sick call for the second time in my life praying and hoping they would just give me some pills or something to alleviate the pain so I can go back to being a Marine. They took some X-rays put me on light duty and told me they will be back with me to see me again. 2 Days Later I am pulled into the office and told point blank that I am being discharged because I have mild bilateral pes planus or the common name flat feet and that this disability existed prior to entry into the service. And that was it! I can't even explain in words how my whole life I had been training and wanting to do this one thing and it was taken away so quickly in the blink of an eye and I had no recourse or way to get my Marine Corps career back. I was devastated. 

 

At that moment I had no clue what to do as I have said my entire life I want to be Marine and by simply reporting to sick call and having some feet pain and leg pain I am all the sudden being discharged and my whole world ended. I must include this side note below.

 

At Camp Pendleton that day being told the horrific news there was a Vietnam veteran nurse who was assisting me. She could tell how I couldn't believe this was happening I told her I never been sick or have flat feet or problems my entire life, in bootcamp I went to sick call one time and now one time here and now I'm being discharged I was beyond upset and couldn't figure out what to do she said there was nothing I can do, the medical board is already underway. Then she did something I don't know if it was legal or not but she could tell I was upset pissed off I just was so mad I told her I didn't care what anyone did at this point she said I'm going to do something I've never done and handed me all my x-rays (she handed me everything in the original color coordinated huge folders, mine are orange, with all the Navy markings on it) The Originals as well as the original radiologic consultation request report and prognosis for all those x-rays. She told me I know you don't care about any of this right now and you're very upset and have just seen your whole life flash before you (because I did tell her I had intended to retire a Marine), but twenty or thirty years down the road maybe even sooner you are going to need medical help because I've seen your records and you had no waiver entering service stating that you had these medical problems previously and this was caused while in service and they are claiming you had it before you enlisted so you do not get any VA benefits, but I did not see it on any of your records.  I'm giving you your original X-rays and the consultative reports and please hold onto them until you're ready to file for disability some time in the future, these will be your key, if you don't have these you will never see them again and it will make your claim almost impossible, the VA will contend it did not pre-exist, but these will prove it for you, she reiterated in the most passionate way that I must not lose those that I will need them to file a disability claim in the future.

 

So fast forward until present day. I did save the original X-rays and the consultation report and have them in a safe place. It has taken me until a few months back to actually pull them out, look at them along with my discharge papers and realize that this is all wrong and I have a claim here! The evidence that I have is that the radiological report says as follows

 

    "left foot, 3  views: mild pes planus. 

 right foot, three views: mild Pes planus. " 

 

Second consultation report from the radiologic consultation is

 

 "right lower leg, two views: possible stress fracture proximal tibia

 

 left lower leg: possible stress fracture left proximal tibia

 

 right foot, three views: hallux valgus deformity, otherwise within normal limits.

 

 left foot, three views: degenerative changes in the MP joints.

 

What does this all mean to me and my ability for a VA claim?

 

So move forward to current day unfortunately since I left the Marine corps I never have had any health insurance had a plethora of problems. In 2017 after years and years of back pain lower back pain ( as well as my feet and lower legs the entire time since I left the Marine corps) I finally went to a doctor and complained I was in so much pain something had to be done and he ordered an MRI.  I do have an MRI establishing my s1 – l5 lower back an S5 through s1 does have sacral nerve damage bulging and deteriorating disc etc enough to meet the classification for social security disability. The MRI was in 2017 and my lower back pain has been with me since I was in the Marines. I may have had three or four emergency visits and some urgent Care but there has not been any paper trail or evidence that a normal person would have 20 to 30 years of it I have almost nothing because I never went to the doctor or hospital.

 

The catalyst that started this was in August 2019 I had a bicycle accident I broke my scapula in five places. I had no insurance I went to the emergency room they x-rayed it said yes it's a terrible break and gave me the number of a doctor who sees patients without insurance or money. As it turns out the man retired and no one replaced him. I called every resource clinic site et cetera… they had no one to look at my shoulder for without having insurance. I never had any follow up. After being out of work 9 months and realizing it's going to be a full year I will meet the requirement for SSI disability then upon seeing the one piece of medical evidence I possessed my MRI and its prognosis I asked a doctor and yes, it appears I do meet the listing for that with my 2017 MRI, not even taking into account the new injury and the further damage it has done. The point is that it is now 2020 and I have never had a follow-up appointment for the shoulder and obviously the shoulder is horrible but the back is even much worse now after the accident than before my 2017 MRI. With this knowledge and the fact that I do not have barely any evidence I knew if I filed for SSI disability they will send me to a local doctor to verify my injury and give me a NEW MRI which should show that is is even worse now than in 2017, which was physically bad enough to qualify then, it should be more than bad enough in nature to qualify for disability now. My research into SSI disability I kept seeing about veterans and that is how I return to my discharge papers and looked at them, and am planning and filing for VA disability.

 

I have read about obviously I need documentation to prove any of this, VA especially and I have almost none, that is my main concern.

 

I have read a little about pyramiding and primary injury secondary at cetera.

 

My end result of filing for VA disability in this case will be to try and achieve 100% disability. In my research it may be possible but I will put down what I am thinking now.

 

Because of the presumption of soundness and I had no waivers they cannot deny that the mild pes planus and bunions and the other damage listed in the X-rays I had for my medical board could not have existed previous to my service in the Marine corps or else it would have to have been noted at m e p s or I would have had to have had a waiver.

 

My VA Claim thought process?

 

 The rating for mild pes planus is 0%, after review, mine is pronounced bilateral pes planus a 50% rating (my feet have gotten terribly worse over the years, my feet truly are flat as a pancake now pronating inward and very painful, has changed my gate, this is not official as I've never been to a doctor, but this is my honest opinion). Since this had to have happened in service this will be a primary injury I believe as well as the bunions or hallux valgus deformity. They are noted in my 1991 medical x-rays so as a primary I can safely say they have gotten much worse and both toes are affected now not just the right. The rating for bilateral hallux valgus is 10% each foot or a total of 20%. Bringing the total to 70% rating. Of course that is if I am awarded the  maximum for the bilateral pes planus and both feet hallux valgus.

 

Now this is where I have some more questions?

 

I also have all the symptoms and am very positive I have peripheral neuropathy which I'm very familiar with as my mother has it but, but the rating for that looks like it can be deemed secondary cause from my pes planus. If correct shouldn't I receive x% for bilateral peripheral neuropathy as a secondary result from my primary injury?

 

Next,is tying in the primary pes planus to my SSI disability case that my lower back secondary (sacral nerve, herniated discs, degenerative disc disease) is aggravated and hurt from my primary bilateral pes planus as well as my bilateral neuropathy affects it as well. The listing for lower back pain is x percent up to a 100%

 

And lastly the whole affair has caused me PTSD and that rating is 0% to 100% rating. I don't want to go into how I have it or not but I have read all the symptoms and can present a very strong case that I definitely have had PTSD since the day I was told I was being discharged. And with no insurance I have never gotten it treated but I have definite evidence of it in my life.

 

I filed the SSI disability last week and am awaiting them to call me and set up a doctors appointment. I also called the veterans administration about filing disability. I called my local VA and ask about a veteran's service officer who could help me with filing questions.

I started to go over some basics in my case and when PTSD was brought up he inquired how I could have it without being in combat and only in the service six months and I immediately shut down and felt that it was horrible a veteran service officer would make me feel as though I don't have valid reason to have PTSD. So that is why I searched the internet and found this forum.

 

So another question since how do I establish PTSD?

 With no insurance can't really get a counseling thing even as a veteran I tried and since I was not in 2 years I did not qualify for any health benefits. I guess should I call the veterans hotline PTSD number and tell them I am suicidal just in order to get this documented and at least someone would have a file then from the VA about whatever I tell them my story?

 

 Also should I be trying to find my own doctors who would be favorable to my situation, and to further explore the tibia stress fractures and if I can associate that injury to another rating?

 

 I don't have insurance but I might be able to find a clinic, and my thought process is a podiatrist who will substantiate my pes planus condition. Should I be actively looking for a civilian doctor who will know the whole story I just recited and work with me to try to get my VA disability? 

 

Or should I just file my claim with just the limited information (presumption of soundness) the x-rays that I have from 1991 and prognosis and hopefully my SSI disability case once I see the doctor who will also have some more evidence, hopefully providing more evidence of my infirmaries?

    

Also is a question that would I be getting any kind of back pay disability for all these past 30 years if the decision is in my favor?

 

Another question is that should I contact a lawyer? Also a veteran service officer should I contact someone like the American legion or which one would someone recommend I use because I truly do not know what I'm doing and I feel if I had the right direction I'm someone who knows all the intricacies and workings of the VA if I filed this correctly the first time and knew what type of evidence to gather it would make my claim so much more positive in my favor. if I have to, I will get the money somehow,a loan from family to see the right doctor but should I be going to a doctor, a veteran Dr who will be in my corner and spend money on it before I file this claim?

 

Thank you everyone, I'm sorry if I'm rambling, I have many questions but I've already asked too many. I am grateful for finding this forum and I really hope someone has some real answers for me that can assist me. Thank you.

 

Happy Easter!

 

Sincerely,

Marine from MI living in central FL now.

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Welcome to hadit.  You came to the right place. 

Ok, this is a lot of questions.  I believe in the KISS concept.  This is what you need for VA service connected disability:

1.  You are going to need to establish eligibility.  You mentioned you served less than 2 years,  read these next 2 links to see if you meet that criteria:   https://www.va.gov/disability/eligibility/   To get benefits for PTSD you are going to need a diagnosis of PTSD BY A VA DOC, which means you will need to fix whatever problem you mentioned with getting into VA healthcare: https://www.va.gov/health-care/eligibility/   

2.  Once you have established eligibility, you need to meet the 3 Caluza elements for SC.  You need to have the following documented in your records:  

a.  Current diagnosis.  VA insists for PTSD, this diagnosis must be made by a VA doc.  

b.  In service event or aggravation.  

c.  Nexus, or doc opinion that your current diagnosis is at least as likely as not related to an in service event or aggravation.  

     In the case of PTSD the VA calls it "documentation of a stressor". 

  There you have it.  In summary, Establish Eligibility and document Caluza elements for Service connection.  Once SC, your rating will be based on symptoms.     Most of the rest is just "noise" to VA.  

ONE MORE THING:  Do NOT revolve your life around what one VA employee or VSO tells you.  Instead, tatoo this on your chest if you need to remember it:

Quote

You can not always trust what VA employees or VSO's tell you.  

 

 

 

 

Edited by broncovet
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7 hours ago, broncovet said:

Is this the correct way to reply? (meaning I dont know how to reply to a post?)Its not very intuitive, anyhow I do not have any disability rating.  Did you read my post? I explained My total time in Service was 6 months, 14 days.  And no I don't have a disability rating. The link says that is a requirement? That is why I am going to the VA. To apply for disability. How can I already have a rating without ever applying? I just am confused.  If I am not clear in my post, please tell me what to clarify or make more clear. Thank you.

 

 

 

Edited by Michvetinfla
clarification as I wasnt trying to sound or be a jerk
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"So another question since how do I establish PTSD?"

As Broncovet said, the MH diagnosis of PTD must come from a VA MH doctor.

If you file for PTSD, your will get a C & P exam for it.And you will need a valid stressor.

A valid stressor is defined here:

Also -here are many veterans  here who have pes planus from service-if you search for Pes planus and/or Flat feet, you will see how they shaped their claim.

"Also is a question that would I be getting any kind of back pay disability for all these past 30 years if the decision is in my favor?"

No- if this is your first VA claim, and if it succeeds, they will pay you back to the date of the claim, the date -when you file it.

Also if you are claiming secondaries ( you mentioned PN as due to the per planus, ) that would take a SC for the pes planus as well as medical evidence , to include a diagnosis of PN, that the pes planus  caused the PN. You might need a IME from a podiatrist for the Pes planus claim.(Independent Medical EXam).

I have pes planus , and am a civilian. My podiatrist has years of medical records as to his treatment of my condition. It does get worse with time. You need to establish some sort of treatment for this- as, the VA will want to see whose treatment records, and it will help you deal with it better. 

My case is severe pronation. ...ratable at 40 0r 50% ,if I was a veteran.I need custom orthotics and they could help you too.They are however an expense that my insurance does not cover.

A piece of advice- I have never filed a claim I didnt think I could win.

Thoe claims regarded my husband's 2 claims pending when he died and multiple claims I had, as his surviving spouse.

"since I was not in 2 years I did not qualify for any health benefits. "

Did you fit into any of these criterias:

 

https://www.va.gov/disability/eligibility/ this is a different criteria than the Health care criteria and seems to cover you as far as filing a claim.

 

 

You may be able to get VA health care benefits if you served in the active military, naval, or air service and didn’t receive a dishonorable discharge.

  • If you enlisted after September 7, 1980, or entered active duty after October 16, 1981,you must have served 24 continuous months or the full period for which you were called to active duty, unless any of the descriptions below are true for you.

    This minimum duty requirement may not apply if any of these are true. You:

    • Were discharged for a disability that was caused—or made worse—by your active-duty service, or
    • Were discharged for a hardship or “early out,” or
    • Served prior to September 7, 1980
  • If you’re a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don’t qualify for VA health care.

  • https://www.va.gov/health-care/eligibility/

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I agree with the above info from Ms berta and broncovet

However the VA is really cracking down on these C&P Exams for PTSD. 

They are cracking down on veterans that use a private Dr  not for nexus but for examinations.

  with the exception of the CIB ON dd 214...also if veteran does not have the strssors on record   only a buddy statements can be used if they find that to be credible.

This means the veteran will need  the unit he served with ,the dates within 10 days of an event/operation location morning reports and date this event/operation was traumatizing to the Veteran if no SMR'S Can be found.

It helps if you can remember the operation you were in.

They do check all this stuff out.

Edited by Buck52
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Welcome to hadit!

FYI, your VA math is incorrect. A 50% + 10% + 10% disabilities would not give you 70% but rather 60%.

For example, if a veteran has a 90% rating, the veteran would need another disability rated at 50% or more to get to 100%.

Disability calculator

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I would like to add that since you are in Central Florida, I wish you godspeed in dealing with St. Petersburg VARO.

Hopefully, your initial claim is granted, unlike the majority from what I have heard or know of (including my own) that were rubber stamped with denial.

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I agree with Hucast21

I was TDIU P&T My S.C.with 90%combined ratings

My  S.C.Disabilities is not likely to improve in my lifetime and it is chronic in nature  and no exams scheduled.

I was 90% combined rating and I was awarded the TDIU P&T  PAID AT THE 100% RATE....

since then I have another S.C. Disability  (Combat PTSD) with chronic anxiety and depression  rated at 70%  with SMC S &K

This 70% got me the 100% schedule rating.

Remember TDIU  Veterans are not supposed  to be working  but if your 100% scheduler you can work and get your 100% compensation.

Most Veteran that are 100% can't work if they wanted to but they are a few that can work and still get then 100%comp.

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On 4/13/2020 at 8:10 AM, Berta said:

 

 

"TY Everyone for your help. I will post this VA case that I found. It is almost like my case. My case is actually stronger I think.  But this will prove the presumption of soundness point as I had zero waivers nor anything marked but normal at my MEPS in Detroit physical.  So, I am relieved I'm not wasting my time 

 

https://www.va.gov/vetapp10/files1/1008119.txt

Am I correct in my thinking? 

 

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Well, this is my opinion, and my opinion only,

You need to file a claim for your feet, and only your feet initially. 

You need to get for foot in the door, (see what I did there?)

Once in the door, i.e., service connected for something, then you get to go there for care and start building your medical record with the VA.

After service connected for flat feet, you can go for secondaries, like the back, degenerative arthritis, and on and on.

I know nothing about PTSD, however, from what I read, you need the VA to say you have it to get comp, so as soon as you get in the system, start burning it up.  Squeaky wheel gets the grease.

It sounds like you want to go from not even being in the system to 100% in one move.  It can happen, I'm sure, but not very realistic.

As like others, I went from 30 to 40 to 60 to 70 to 80 and finally to 90%, in about 11 years of claims.  I would have to look, but I think in have 5 or 6 denied claims, and am pondering another secondary and another increase.

So, start!,

Hamslice

OK, I had to go back up and read your post again.  I do not mean to upset you, but to be a teacher.  I see where you rated yourself for your flat feet by looking at the rating schedule and how that compares to your actual findings.  Two things you need to know.  First they are going to low-ball you on your first claim(s).  You think 50, they think 10 and bilateral.  Second, they use tricks like not rating what you claimed, exactly.  Sometimes, they actually help you, sometimes not.  Most of mine, I got better rating using Range of Motion, so you need to use what gets you the most.  And lastly, they will low-ball you on your first claim.

 

 

Edited by Hamslice
cause I can
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I agree with Hamslice. My two friends who are 100% (one TDIU - 7 years, the other P&T - 15 years) started off at 50% and 0% respectively after their initial claims.

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Thank you so much everyone for hoping in I'm not mad at all I'm just student and everyone out there is the teacher right now because I know nothing about the process really except for what I've been learning here and online. After finding that case in knowing that they cannot deny the condition I never had and which was caused by my service and they Claim was pre-existing, I still have a questionnaire to obviously but primarily this.

 

As I stated previously I had no real Medical Board other than going to sick call two days for X-rays and then I'm being discharged because I have flat  feet and they determined it had to have existed prior to my entry therefore administrative discharge no benefits and I was in over 6 months over a hundred and eighty days and did finish boot camp and was at MCT combat training in Marine Corps when this happen.

 

So normally all I would have to present is the flat feet or pes planus, But as I stated in my first real long post the nurse actually gave me the original X-rays and  radiologic consultation request report because she told me I will never get benefits unless I have these and I saved thrm all these years. 

But since I have them, one of them does say mild pes planus left and right foot but the other one says  possible stress fracture proximal tibia  right lower leg left lower leg, right foot hallux valgus deformity Otherwise within normal limits left foot degenerative changes in the MP joints.

 

I guess my thinking is since I have the evidence showing all these problems and can prove that they will be determined in service or at a bare minimum like the case I noted as pre-existing but definitively injured while in active service, shouldn't I be saying these injuries since I have the x-rays in doctors original prognosis and signature stating I have these other problems besides the flat feet (stress fracture i can claim shin splints, etc) shouldn't all these be addressed at the same time as primary? again I don't know, you guys do, that's just what I'm thinking why I just go with the flat feet and then pack on after the fact when I have evidence in my possession stating all the problems with my feet should I go for everything right from the get-go or not? 

Edited by Michvetinfla
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Every Veteran should know the rating criteria for what he is claiming,  do research and add this in with your claim  let them know you do know some about your condition and what he should be rated according to the CFR'S Regulations and mention these regulations in with your claim.

its not hard to do this  after your diagnose for a condition that was caused by or related to your military service   the VA has rating criteria formula they use to rate or a rating manual,  and if you let them know you know what you should be rated or rated as high as the law will allow  then you will more than likely get a fair and decent rating. 

 learn the rating criteria for what your claiming  this usually keeps you from getting low balled on your rating.

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Thank you to everyone who has answered some of my q's.

So now I know i will get an SC for the Pes Planus, but again, I am in a unique position that I have my Original Xrays and original radiological consultation request/report (NSN 7540-00-634-4162) As stated previous, the nurse told me I was getting screwed, that I will get no benefits the way the are doing my discharge, but she new I was injured in service so she gave me the originals and told me when im ready file diability with them It took 30 years....

 

So, Since I have the xray report, shouldn't I claim for disability everything that was listed medically from my xrays prognosis from the Dr. not just the pes planus?  or secondary? I will list the dr. prognosis....

 left foot, 3  views: mild pes planus.  right foot, three views: mild Pes planus. " 

Second consultation report from the radiologic consultation is

right lower leg, two views: possible stress fracture proximal tibia

left lower leg: possible stress fracture left proximal tibia

right foot, three views: hallux valgus deformity, otherwise within normal limits.

left foot, three views: degenerative changes in the MP joints.

And should I turn these original x-rays and prognosis in to the VA? At a bare minimum it would give baseline how bad my feet have gotten since then.  Or should I save these in case Im denied and can reopen the case bc these would be considered new evidence?? confused

 

Again, I dont know the correct way to present this? Also, How would I tie in my lower back sacral nerve problems that I just applied for SSI Disability 2 weeks ago.  I am going to claim that the back is a seconday injury to the flat feet and stress fractures and hallux vulgus and stress fractures, IF POSSIBLE???  

But know those listed and the one I need to tie in (my lower back claim, I do have MRI for it), how would I do it? what is primary, secondary? I guess how to and what order to claim these? Sorry having trouble formulating question for this

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I am concerned about this:

 "they determined it had to have existed prior to my entry therefore administrative discharge no benefits and I was in over 6 months over a hundred and eighty days and did finish boot camp and was at MCT combat training in Marine Corps"

Can you scan and attach here the actual  document that says that?

Cover your C file or service # , name, address prior to scanning it.

I feel if you file a claim for the Pes planus, the VA will go with the military determination of "pre-existing."

The VA has to prove a pre -existing condition, if it was not pre existing.....and denies many claims , on that basis if they can get away with it.

This vet law form says it better than I can:

https://www.hillandponton.com/va-said-condition-preexisted-service-now/

 

 

 

 

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On 4/19/2020 at 10:26 PM, Michvetinfla said:

i just put all the files, pics requested on a new question, can you please look at them, ty

Howdy--so sorry to hear about this. I wish I had time to post more but I'm under a VA deadline myself :-)

Most importantly, never give up those x-rays. You can bring them with you to let people look at them and take them back with you. I never leave my old school x-rays with anyone once I get my hands on them. New x-rays are not such a big deal now because they're digitized, but yours won't fall into that category. You can always make copies of the paper reports to hand out like candy. That nurse did you a big favor.

I was in the USMC from 1985-89. My MEPS paperwork says "mild pes planus." My brother was in from 1987-89. He had/has serious flat feet. He needed a waiver. He got one by challenging someone at MEPS to a race in the parking lot. It's most definitely something they look for in a recruit, so if your feet were stamped A-OK at MEPS, they were A-OK. 

You have the evidence you need to challenge the VA. I would highly recommend that you go see a Veterans Service Officer (VSO). They can guide you every step of the way and answer all your questions and they do it for free. Google Veterans Service Officer for whatever town you are in. VSOs do this for a living. They know the ins and outs so you don't have to figure out all the details. They can also help you figure out the secondary conditions that might be caused by the flat feet and other issues.

It sounds like you got a bad deal and they cut you loose when they should have treated you.  Those issues--flat feet, stress fractures, neuropathy--can all cause more problems down the road if they are never treated.

FYI, a website I have found very helpful is Military Disability Made Easy. 

Again, I'm really sorry to hear about your problems. Semper Fi--Osla

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Ty Osla,

What I don't understand is that my case should be like a poster child for veterans who got the quick in the door out the door screw job who legitimately was wanting to make a career of it and in the flick of an eye was told I couldn't in my whole life changed. I don't want to rehash it just read all the info I put on the two questions I have hosted I mean I biggest question has to do about all my medical records my father the chiropractor had he burn them as required by law he is still alive so he can testify verbally or written. But I guess more than anything should I post a question asking all the vets on this website for a podiatrist and back doctor referral who's veteran-friendly in Central Florida where I live? that seems to be my biggest obstacle is finding a Doctor who is veteran-friendly knows how the VA works and can write up a Nexus paper for this. Yes I've seen things on the internet they charge like $1,500 for a Nexus paper but I'm not even at that point yet I just need a doctor in my corner and I have no insurance because of this whole thing pretty much my whole life so I can't really afford to go from one doctor to another until I find one in my corner. I'm sorry I'm rambling again but it just seems like all the veterans on this website I don't believe if they tried to tell me no one knows of any in Central Florida where I live and if so why are they guarding this information like it's some secret here is a veteran who needs it desperately and I can't get it but God bless you thank you again.

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Ty gbarmy, this has been the first peace that I could actually use go to the site get numbers and call it doctor thank you I just can't understand if this website has 20,000 people veterans in all this wealth and knowledge my case is like I said a horrendous case I thought I had no way to appeal or action to take for 30 years until I just found out I have some recourse but thank you finally someone's helping me thank you thank you.

and I'm not saying this the moderators two of them have requested I put in all the pictures in official documents which I did but then she never replied and then the other moderator want to know if it was my first-ever application I said it was and then he never got back to me I mean this guy is a CVA bar person I just thought he would have the answer but it's been four or five days and I just don't see it forthcoming that's why I'm kind of at a stage I just don't know what to do and can't understand why everyone on this website isn't trying to help a little bit more for a vet who's been screwed over the 30 years denied denied denied it finally just realized I have a real claim I can make but again I'm sorry I get rambling on this topic because I put it away in my brain for the past 20-30 years because of all the pain and suffering it brings me but I do appreciate you helping me thank you again.

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You have 3 separate threads going here- 

You stated:

"and I'm not saying this the moderators two of them have requested I put in all the pictures in official documents which I did but then she never replied and then the other moderator want to know if it was my first-ever application I said it was and then he never got back to me I mean this guy is a CVA bar person I just thought he would have the answer but it's been four or five days and I just don't see it forthcoming that's why I'm kind of at a stage I just don't know what to do and can't understand why everyone on this website isn't trying to help a little bit more for a vet who's been screwed over the 30 years denied denied denied it finally just realized I have a real claim I can make but again I'm sorry I get rambling on this topic because I put it away in my brain for the past 20-30 years because of all the pain and suffering it brings me but I do appreciate you helping me thank you again."

Who do you mean by "she"- as there are usually only 2 females here- me and Tbird, -the owner and creator of this whole site.

The site was down for many of us earlier this week. When I got back on line here -if I am the "SHE" yu meant , I had asked for one document , which you posted-your DD 214 and it offered no additional information than the fact that you were discharged with a pre existing condition and the Code of discharge JFM1  and the reason for discharge, as it says, was determined by a medical board.

Have you ever, in the past 30 years, tried to obtain anything thatthe Medical board had used ,to determine that?

You also have stated that you have minimal medical records for the past 30 years.That is unusual. That is why many here have suggested that you obtain an IMO/IME.

I hope you realize,

since you have made what I  consider to be disparaging remarks about the members on this site, members who have helped so many here, 

that we are all unpaid volunteers , with years of experience in VA case law, and regulations that cover all types of disability and the fact is, the  suggestions here, are  based on that experience.

You have not even filed a claim yet , but you said you have been "denied,denied,denied" for 20-30 years.???

I don't understand that statement- who denied you- the VA?

By the way there are not 20 thousand of us on this site every day. There are usually a minimal amount of vets  here , by the hour, and the most repliers here are  Hardcore claimants like me, who have appealed denied claims until we won.

If it was the VA who denied your claim in the past, you will have to re -open that claim with New and Relevant evidence, meaning evidence that they (VA)have never seen before and the best N & R evidence for you will have to be an IMO/IME.

You allowed 20-30 years to pass by - some of us have been here at hadit for over 20 years, but you weren't here sooner, and the advice would have been the same 20-30 years ago anyhow.

Get all of your medical records together and make a brief cover letter to the IMO/IME doctor, stating what you are claiming and why. The IMO/IME doctor will need copies of your inservice SMRS, and 201 file ( Personnel file) and will need to follow the IMO/IME criteria here in the IM0 forum- to the letter.

 

 

 

 

 

 

 

 

 

 
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