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1st VA claim, presumption of soundness Q's

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Michvetinfla

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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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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From what I can see you need to get this claim filed ASAP and get the ball rolling.  Have you started your claim on Ebenefits?  Sorry I did not have time to read all the post, but you want to have a start point of some kind.  

I have only had one medical opinion give outside of doctors on my charts and those have all worked.  So my advice is get it in there and see what they are asking for.  Your back pay will not change from the time you file.

Now if you want to fight for an EED then you will have that challenge after you get SC.  

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I apologize if I presented myself so unfavorably leading to a general opinion of me that doesn't seem so favorable in your eyes. As far as to the he she and I just simply couldn't tell if both were female one was a male it wasn't obvious to me but I knew one was I guess from the name somehow I figured it out but I am not misogynistic in any way so please put that claim that may be floating in your head to rest thank you. 

 

I'm using voice typing so there are a couple mistakes please bear with me in figure it out.

 

 I guess yes in the past 30 years I've made plenty of inquiries can I record which I was told to make a claim at my local veterans to get all my records from the veterans records Etc I did this and I posted the things I got I got the DD-214 and the one signed by General daily those were the only two things saying about this Medical Board the Epts.   so I have inquired at veterans offices how do I get everything I've done everything that they have told me. I have gone into VA hospitals in Ann Arbor Michigan where I'm from at least three to four times starting in the early 90s wanting to inquire about all this cuz I knew it was a sham from the beginning and no one would help me they would look at my discharge and say oh yeah you have not been in 24 months and you've already been discharging Medical Board that you had that existing pre-existing disqualification that cetera and then they would make some joke and I would feel stupid and I would eventually walk out with no answers and I went back and back finally at some point you give up. 

 

And I guess when I make a statement about being denied denied denied for 20 to 30 years I'm referring to the previous paragraph that I have gone in and I guess yes if I had done my due diligence I would have realized that I had a case here but again when you're in your 20s 30s and you can't believe how this has affected me but it has when my whole life I wanted to be nothing more than a Marine like my grandfather and World War my father an army veteran so much so that I signed on for an extra year and $10,000 and military occupational specialty was military intelligence 0231 because I got a perfect score on my ASVAB. 

 

Then you make a comment to me that I allowed 20 to 30 years to pass by, truly I have not as I have just stated, I have been trying to get answers as best I knew how at the time before the internet or any of this stuff was around always to no avail so I wasn't allowing doing nothing.

 

 In regards to not having medical records. as I've explained and if you read all the notes I thought it was in there in very detail but I will go over this again like father is a retired chiropractor. and he was my primary physician my entire life. he had my lifetime records from when I was born up until the Year 2005 when he retired. my father follows the law and regardless of me being his son with all my records he kept all his patients records of required 7 years from 2005 till 2013 then burn them as require. so for all those years he had my documentation and he knew and can attest to all of this he is still alive and will be more than willing as I live with him right now to write a letter or do a video anything and explain all of this. He has seen it from the very beginning and knew that it was bogus that I never had flat feet when I went in I never had to sign a waiver for it my dad is a medical doctor and will attach to the he gave me a physical before I went in and when I got out we took x-rays when I got home because I said I want this all documented believe me my dad will be able and I'm going to have him put down on paper as much as he can remember but again he's 81 years old this happened last time hhe was active practice 2005 but he can unequivocally say that I went in fine I came out with my feet and legs all screwed up and I have as we saw the original documents from Camp Pendleton that's the only thing I saved. The nurse if you brought the others gave me these she saw I was getting screwed over and told me to hold on to these until you're ready for disability. Again I knew I had something all these years I just never knew how to pursue it. it wasn't until August of last year I broke my right scapula. Horrible break the most painful thing ever.

 

so I filed for SSDI while doing that I call all this information about the VA in ratings in this I started looking into it and I found this case which when I read it granted it's not the same symptoms but it's the exact same thing they said I had flat feet which I didn't my MEPS physical was Marked normal just like in this case and when I saw this case my head almost exploded realizing I have to do something about this that day for all these years have been denying me and now I actually have something physical like a something I can go in and say this is exactly like me I need help. 

 

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

 

 so going back to my father the chiropractor retired 2005 moved to Florida in 2006 as well as I move down here with him I have been with them living with my father and mother in The Villages Florida where he retired since then.  Show from a chiropractic Viewpoint he can give valid evidence from memory, he's not licensed in Florida he's retired but still he can give valid evidence to seeing me day in and day out and about me. But the point is 20 years of X-rays and everything and what he is going to testify to is that I was healthy when I went in but as we know it regardless doesn't matter with the position of soundness it wasn't on there they're going to say it was pre-existing well then they have to go with it was increase in-service the they can't claim as their little medical boards tried in that previous case that it didn't increase the pain or the severity of it so just reference that last case in in mind exactly like that they're not going to wiggle their way out of this and that's what the nurse in Vietnam new and she was so pissed and told me to hold these X-rays and prognosis and at the time honestly I was so mad and didn't give two cares about it but she actually grabbed me and looked me right in the eyes and said I know you don't care about this you just want to go home you're angry but you need to save these as long as it takes until you do something about but you have a legitimate case that is how I've known all these years but I have never known how to do anything about it until now.

 

so that's why we're at where we're at. Just looking at what you wrote get on my medical records together and get everything well again how do you put 20 to 30 years of x-rays, advice and orders from  foot inserts in Arches to ortopodic shoes  all the things that my dad had me try wear as evidence when I roll in there with all I don't have anything it looks as you are thinking too I can tell from how you're writing it it's very unusual not to have any medical evidence I agree it is very unusual but when you are poor and have jobs that have been not paid more than $11 an hour your entire life worked menial labor jobs on your feet you can't afford insurance or doctors and when your father is a chiropractor who loves you he takes care of you for free so he was my primary and only doctor for years. mmy back get so sore, I just couldn't even move.  so here is the tie-in in 2017 I got my first and only MRI. I never went back to the doctor to have them tell me the results because I couldn't afford it.  I knew my back was screwed up I didn't need a doctor to tell me but I did have this MRI with the prognosis as you probably have seen their which shows clearly how messed up my back is I did not know I had to Medical evidence such as this which explains why I have been in pain for so many years but now I have medical evidence so because of that I filed for my social security disability.. on August 3rd 2019 I was in a bike wreck broke my right scapula  4 places horrible horrible hurt but the main problem the secondary result was that my already horribly back well it made it so much worse that wow post 2017 that MRI I still continue to work but not anywhere I actually changed jobs because it was so sore from doing  unskilled labor residential construction to being a dishwasher. but after this accident it made my back so bad I can't even stand up straight I list to the front and to the right it is horrible but that's why I'm filing for SSDI. And for the broken shoulder I went to the emergency room when it happened and have not gone back to see anyone since because I told them I have no insurance they sent me to a doctor who guess what he retired and they had no one to cover him so I had no one for people with no insurance so I couldn't go see anyone so after not being able to work and I told them this is going to put me on disability if I can't work for a year and they said well you have to be out of work for a year while it's coming up on a year I haven't worked I'm not going to work that's why I filed. In regards to that be a side that's why it's so important I have a doctor who in my corner.

 

 As I said I need to tie in as many of these medical problems and I don't even know all of them I have cuz I haven't had an MRI of my feet or anything ever all I have of my feet are my dad I know how bad they were when he can remember but so I need to have this claim go for the flat feet pes plan is the main things that obviously are on the prognosis that the Vietnam vet nurse gave me that they were trying to get rid of such as the hallux valgus I should get a rating for that the pest plan is I should get a rating for that now the says possible stress fractures again my dad took x-rays when I got home and he said they were stress fracture so we're going to get a rating for that the degenerative changes in the MP joints yes arthritis so now as I had many an x-ray to my 20-plus years with my father that he could actually categorically show the decline of my feet which started with my USMC service. After home the right toe changing my gate putting more weight on the left leg creating any problems on the left but then when I had to go back to the right because of the pain of putting all the way down my left knee caused all the back problems in the moving up from the knee to the hip to the back. But in particular the back as my dad was a chiropractor would give me free adjustments every week so all those years I was able to continue working but as when he retired and we moved here and my father had a stroke and could no longer move his arm I no longer to get adjustments and I got slowly worse and worse until I'm at the point now. But the back started out as my dad will attest to all secondary problems relating to my feet in the issues I had the Marine Corps everything he will relate there. now, how does my dad get that much weight as any other medical doctor would for the evidence but he followed the law and got rid of mine!????.  I am so despondent to find a doctor in Central Florida that can assist me that knows what all these ratings are and they know what they're looking for they know how to write the report and they know what I should be going in there to do and ask for from the very initial one because I'm scared I'm going to go in there I won't put the right primary secondary I won't be able to claim my back I won't be able to claim all these prom they're just going to look if they walked past planus that's all you're getting 10% boom. 

 

And no I never had a claim I'm just rereading what you wrote in trying to answer some of your statements but no never had a clean message said I've gone in numerous times talk everyone is shot me down and basically laughed and belittled me and made me look like I was crazy that I was only in six months and you obviously had a medical condition condition before you went in and now you're going to try to claim something in it it's ridiculous because as I stated I had intended on making a life of it in my whole life literally I should say my future plans change that day all because I went to sick call once in boot camp because of my feet were so sore and then once in  guard duty while awaiting to go to combat training I went to Sick Bay for the same reason in bootcamp again these could be documented how do I get those documents? You asked if you tried yes I've tried but how do I get documents from the third phase in bootcamp the medical records showing that this is where it started? How do I get to documents from Camp Pendleton I believe I have them all of my possession but I don't have the medical board I have asked I don't know where to get that? If you do share the information I would love it and I will write and do whatever due diligence and work is necessary. As I said I've only been researching this for since I found that case so it's been like what three to four weeks. I'm sorry if I'm rambling as I said I have voice to typing on and you probably might not even read this off but I just cannot understand that as I said I was someone who planned on making the Marine Corps by life. My grandfather was a World War II vet and I spent an awful lot of time my brother and I both are going to make it our life my brother blue is me out couldn't but I had planned on this is not like it was dumb thing that I just dropped off and went in and out this was something that I had my whole life that on I had 299 out of 300 physical fitness test I was in Tip-Top shape and that's another thing how do you get that score if you had such a debilitating and flat feet when I went in absolutely crazy.

 

And again I apologize not trying to be rude or anything you guys do a great service it's just that it seemed like someone you guys were going to give me some advice and for someone like me who has no clue what they're doing it seems like you got to so much knowledge but I was not trying to be rude I was just I guess after 20 to 30 years of thinking I have a case and then giving up on it literally I I gave up on this years ago I was not thinking this at all when I was filing for Social Security disability because I should fit the listing if you know anything about social security disability I had that posted with all my info there those pictures one of them has the MRI and its states well again you wrote to go to that IMO independent Medical make a doctor's appointment I would love to go in there and and put all this stuff in here and have them do something but I guess that's just it I don't know what doctor or where or how to get a doctor I need a VA Doctor Who's familiar with all the ins and outs that's what I need who can write this Nexus letter that's the whole thing I guess when I file my claim I will find out. Because I guess for mine I will use my father the chiropractor as a Nexus letter with all my claims and I will try to document as well as I can but I wasn't there something about a late person should be able to explain all his problems and symptoms and how he believes he got them especially if your father is a chiropractor and he explained it step-by-step every year how you're getting worse and it's because of this that and the other thing which is all related to my feet in the Marine Corps I'm sorry I'm going to make I'm going to end this if there's anything else I'll give you my phone number and my e-mail I'm not trying to be sneaky and I'm not trying to be mean to anyone here I just need help desperately I mean seriously I should be the poster child because I have tried and again I can't verify this I didn't go in and say give me a receipt for trying to get information I just had to deal with the cronies at the front desk who would laugh me away when I saw him my DD-214 and never get anywhere so I guess that's the reason why nothing's got. 

 

I guess the other thing I did file my intent to file with the VA so I have one year from I believe it was April 17th 2019, but they will be sending me for Social Security disability to an examiner for them I'm sure how can I use that information in my VA claim because you better believe I'm going to tell them about my flat feet starting all this and getting progressively worse up to my shins knees hips and lower back Etc the whole story but that will be the first medical doctor or anyone I've seen since I broke my shoulder.

 

 It sounds like to me I need to get everything together like you said and go to a doctor and have these tests done Etc which I would love to do and I'm willing to pay for it but I just don't know how to find that doctor I just don't know how to find one if anyone can help that be great if they can't then I guess I will just pick one. I just don't want to make a mistake in the VA claim because that's the most important one and worth the most money that will never ever make up for these past 30 years but at least I can help.

 

 

I'd be more than willing to discuss this I just really don't know what to do I guess I just need to find an appropriate doctor who knows the ins and outs of this system how the VA works so I don't get screwed on my benefits and have everyone of my secondary injuries and illnesses such as degenerative disc disease all the secondary things that I should be entitled to. Looking at the medical evidence I have or I don't have I'm not sure how to proceed so I appreciate any help you give me or any help you don't give me I do appreciate all the time you spent it's like a lifetime helping people and I wasn't trying to be mean I guess I just acted how does emotions when I wrote that I guess if I typed everything it would be a little harder but when you just can speak it and it's typing for you now you sometimes say things that you regret later but I do appreciate everyone on this site I'm just trying to get this claim correct the first time because obviously and maybe you can correct me if  I'm wrong, but we both know I'll get denied for this claim for the percentages everything they're not going to just probably no way they're going to give me everything which I will obviously shoot for a hundred percent disability with all this but I am planning on just getting an attorney who has a doctor on his list of people in from  what I have read I believe I would go with hillandponton mostly because I've heard that they have medical staffing to go to Etc? would you recommend anyone once I get denied to help me in this process thank you again I really am sorry if I offended you didn't mean to

also,Also which VSO should I go with?  there seems to be so many any of them recommended?

 

Brett

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Ok so breath.  And I mean take a breath and we can help you!  

That is great you got your intent to file!  great job.  

Next get your father to write down what is pertinent to your condition and write a Nexus to link it all together.  I am not sure how this will play out, but right now it looks like the best choice to move this forward.  I would have a medical nexus for each condition and when they started!

I would also write your own Lay statements and get buddy statements if you can.  

Next don't over think this!  you will get caught up in your own head and never let it fly.  We all get denied at some point no matter how good our evidence is, so we come back here regroup and then go back to the fight.

If you choose to get a lawyer that is your call, but I have fought this for the last 7 years and have had great success.  Lawyers can get some things done faster, but I am ok financially.  Do what you need to do for you!  

As for VSO's I like the VFW as they gave me the most help!  With that being said I have gotten the best advice from this site!!!  Remember VSO's are in the game and we are on the outskirts, so we can say things they would never say to you.

I totally understand getting turned down and not knowing what to do.  You have an amazing tool in your toolbox now, and I suggest you use it to fight and win!

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"I guess the other thing I did file my intent to file with the VA so I have one year from I believe it was April 17th 2019,"

Today is April 23rd 2020-maye you shoud check that date n the intent to file.

The VA must prove with clear and convincing evidence that your flat feet pre existed your enlistment.

This  is the regulation:

"Every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C. § 1111; 38 C.F.R. § 3.304(b). To rebut the presumption of sound condition under 38 U.S.C. § 1111, VA must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service. 38 C.F.R. § 3.304(b); VAOPGCPREC 3-03, 69 Fed. Reg. 25,178 (2004); Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004). Clear and unmistakable evidence is a more formidable evidentiary burden than the preponderance of the evidence standard. See Vanerson v. West, 12 Vet. App. 254, 258 (1999). It is an onerous evidentiary standard, requiring that the no-aggravation result be undebatable. Cotant, 17 Vet. App. at 131. T"

The VA has a high burden of proof ,to prove the flat feet pre existed your service.

 

BUT if they do prove that, the IMO doctor can support the IMO with the fact that the pre existing condition was "aggravated by service" in their medical rationale.The VA would then have to SC the flat feet and rate them, as to the level of "aggravation."

This BVA decision shows what I mean as

to "aggravation" of a pre existing condition:

https://www.va.gov/vetapp20/files1/a20000037.txt

 

 

Edited by Berta
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