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By Wise Guy
I have a C&P Exam on Wednesday and I'm afraid I'll get denied. Flat feet was denied before along with Plantar Fasciitis because it's not service connected. I went back to my physician outside the VA and he typed my nexus as follows:
"Bilateral flatfoot acquired possibly during time in military. When not congenital as a cause, pes planus (flatfoot) is caused due to ill fitting shoe-gear without subtalar range of motion support, which could have been a result to time in service, 51% probability.Patient presents today with bilateral heel pain, worse right foot. Patient states that the pain is 2 out of 10. Patient denies any injury. Patient states he is having pain to the plantar aspect of his right heel that has been going on for several months. Patient denies being diabetic. Patient states he received custom orthotics as a week ago and has notes slight improvement. Patient denies taking any anti-inflammatories. Patient states that he has noticed his achilles feeling tight during athletic activity. *****Physical exam: Decreased ankle dorsiflexion noted bilateral. Mild tenderness to palpation to the plantar medial aspect of the right calcaneus. No pain with lateral compression of bilateral calcaneus. No pain along posterior tibial tendon bilateral. Increased pronation to patient's mis and rear foot bilateral. (The X-rays show as normal)"
It got denied due to not being service connected, so I went back and got the below nexus typed and signed.
"After reviewing ******** service record at my medical opinion is his pronounced bilateral pes planus or flat feet are connected to his time in service with the Marine Corps. Plus, his flat feet are due to high impact physical activity for military training such as marching drills, drills at Corporals Course, Sergeant course, Intermediate Administration Specialist Course, and the wearing of combat boots. These have caused strain on his posterior tibial tendon resulting in painful flat feet. The diagnosis of pronounced bilateral flat feet is severe with fitted soles. He still has symptoms with a pain level ranging to 8 out of 10. Recall treatment options have been discussed but will be deferred at this time."
This is good but I don't know if it will connect come to think about it. From my recollection, I only went to medical once for plantar fasciitis and it's not shown as chronic. My flat feet was marked as normal upon entry of the Marine Corps and wasn't marked at all for my final physical. There's no check in any of the boxes indicating if my feet were normal or not. The ball was lazily dropped. I did just get a service connection for my hip injury. Should I go back to this doctor again and have him add a sentence that says, "Also, it is more likely than not that his pronounced bilateral flat feet worsened following the injury to his right hip with compensating for the pain"?
Or does the VA Compensation even contact the doctor to check to see if they generated it or edited it? I have 1 full day to figure this out ands submit to add to my claim for Wednesday.
By Wise Guy
I submitted my supplemental claim 3 days ago for the following diagnosis with evidence:
- Flat Feet (Primary) - Bilateral Plantar Fasciitis (Secondary) - Bilateral Pronation to mid and rear foot (Secondary)
- Intra-articular Hip Pain (Primary) - Femoroacetabular Impingement (Secondary) - Right Adductor Groin Pain (Tertiary) - Athletic Pubalgia (Tertiary) - Osteitis Pubis (Tertiary)
- Right Knee Pain
- Low Back Pain
- Left Tennis Elbow - Bilateral Tinnitus
The VA updated va.gov 2 days ago with these pending diagnosis:
- Impairment of femur
- Limitation of leg motion (flexion)
- Lumbosacral or cervical strain
- Limitation of forearm motion (flexion)
Through my own insurance, for all of the injuries listed in the first group of injuries above, I got doctors to diagnose me with them and they added, "More than 51% probable that the injuries occurred during military service" since the same injuries got denied in the past. I used those evidences to file my supplemental claim. I called the VA today to request for them to change what they put back to how I had it. The missing items like "Pronation", I had them annotate where to find the diagnosis on the doctors notes so that they can add it. I think they overlooked it. They also left out my right adductor pain. For the hip injury, it's not just, "Impairment of femur" as they put it. Why did they do this? Are they trying to gyp me? Why didn't they annotate the secondaries and the tertiaries like I annotated it? Instead of "Right Knee Pain" they put "Limitation of leg motion (flexion)". For "Low Back Pain" they put "Lumbosacral of Cervical Strain." For "Left Tennis Elbow" they put "Limitation of forearm motion (flexion)". Are they trying to gyp me or did I make the mistake of calling them asking them to change it back to how I had it?
I was diagnosed with mild pes planus (flat foot) at MEPS in 2007, I served in the infantry and went on hikes, runs, combat patrols etc. Both of my flat feet became worse over the years due to carrying heavy weight. Now that I am out of the military is very hard for me to walk even short distances without feeling pain, the V.A. already knows about this and prescribed a set of insoles that do not work. I am currently ongoing podiatry therapy through the veterans first choice program (civilian clinic paid by the V.A.) I get 3 injections of cortisone on each foot every 2 weeks and I will have my last session next week (for a total of 2 months).
I am also diagnosed with constant shin splints, knee tendinitis, hip pain and 2 bulging discs L-4 L-5.
I am going to file a claim in a few months once I am done with my cortisone sessions.
My question is:
1. Since my flat feet became worse over the years in the military resulting in constant and severe pain now that I am out, would it be easier to make my flat feet a service connected disability? (it was already recorded in MEPS and service records but not severe as it is now)
2. Am I going to be able to connect everything else (shin splints, knee tendinitis, hip pain and 2 bulging discs) with my flat feet and make them service connected disabilities? and if so what is the best way to do this?
These are just the disabilities that I never complained about, and had to drag them with me until I got the courage to start therapy to reduce pain.
I am currently at 80% SC and working on other disabilities that I have mentioned in older posts as well just to clarify.
Hi everyone, I already submitted an "intent to file" on e benefits with all the disabilities that I did not claim in the past, these include: flat foot, shin splints and plantar fasciitis. I get really bad shin splints just by walking around, I started noticing this during battalion hikes when I was in the marines. I get pain at the bottom of my feet most of the time because I do not have the arched area at all. There is a part in both my shins where I can see some tissue popping out (under the skin) when I move my feet around.
My question is: Should I claim flat foot as a primary disability and shin splints, plantar fasciitis (pain in the heel section) as secondary to flat foot? Would this help me to get a greater rating?
Any inputs welcomed,
Ok, got a question for ya'll. I recently was awarded 30% for pes cavus(claw foot) w/plantar fasciitis. I am to believe that it is bilateral, since the C&P examiner stated it as such. I was looking at the CFR regs, yesterday for something else, and thought I'd look up this as well.
According to the CFR regs, it states the pes cavus, unilateral is to be rated at 30%, and bilateral at 50%. I first developed this issued in the 2nd half of 1997, whilst on AD. I don't have the exam notes handy, but will post them here ASAP. And same with award letter, too.
Anyone have any early guesses before I post the info?
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,