ebogo0902

[ebogo0902]

Sorry for the long post but I really need assistance.

I put in a claim for plantar fascitis in 2012. It was denied in 2013 and I appealed it. 

 It was denied again in 2018 and In 2019 I appealed it again and it was once again denied. In 2020, I filled an higher level review and the VA noticed an error. I was scheduled for an exam here in Ga where I live.  I attended it on 02/06/2021. The company that was contracted to do the appointment was LHI. 

After the exam, the VA stated that they needed clarification on the medical opinion. LHI scheduled the medical opinion of a NP in Texas to do this. The medical opinion was done on 04/26/2021. This morning, I called the regional to see if everything had been submitted. I was informed that it had. I asked the rep if they could disclose the information on my claim. 

The rep told me that my file was waiting to be sent to a rater. They stated that the doctor that I saw on 02/06/2021, medical opinion stated that my plantar fascitis was related to a foot that I fractured in service.

They stated that the medical opinion of the NP in Texas, stated that plantar fascitis was not related to military service. 

How can I fight this , if denied again?  Will I be back payed if I have to file secondary? Which opinion does the VA usually go with the Dr or NP?

I complained about this in service but lost the copy of my records. I requested a copy but they could only find my pregnancy records. 

I was able to located an exit exam physical, which listed feet problems.

 

[blahsaysme2u]

7 hours ago, ebogo0902 said:

medical opinion stated that my plantar fascitis was related to a foot that I fractured in service.

They stated that the medical opinion of the NP in Texas, stated that plantar fascitis was not related to military service.

these 2 statements dont make sense. and if they are in opposition to one another the benefit goes to the veteran. the rater "SHOULD" know this...if what peggie told you is correct. 

 

dont stress too much about what hasn't happened yet. you will lose min/hr/day/weeks/months of your life you will never get back if you over things you cant change or that might not even happen- focus on what to do "if" of course(which i am presuming you are doing here, just giving you some friendly advice for others reading and in case you are stressing about it) once you get your decision submit your NOD and get your own MO stating giving you nexus from your fracture in service to the PF...

hope that helps bud. keep us post on what decision comes down the pipe

7 hours ago, ebogo0902 said:

I was able to located an exit exam physical, which listed feet problems.

this is good too...use this in your NOD

[GBArmy]

ebogo0902 Welcome to Hadit. I would get an IMO from a private doc that states that after a physical exam, review of your service records, and based on his professional opinion your current diagnosis is " at least as likely as not" directly attributable to to your s-c injury. In the IMO they state the tech reasons why x causes y. State in your appeal that you had evidence in your str's but they failed to find them, and ask them to look again. At the same time, if you can get a buddy letter, statement in support of the claim, from someone who knew of your med problems in the service, that would be golden. If not, a family member, spouse, etc. could comment about your service resulting in your foot problems.Then submit a supplemental claim. If your appeals have been submitted in a timely manner so that you comply with time restraints for appeals, you should get the EED from when you submitted. Don't worry about that at present; you probably will have to appeal that after you win. It's just is the VA way for lowballing the veterans' benefits.

 

 

[broncovet]

It sounds like you have a balance of evidence for the claim and also against the claim.  

There is a name for this, its called "equipose", and it means you win.  

While you may need an IMO to win it, your favorable c and p exam may be enough.  

Also, it will be tough for the VA to deny again.  Reason:  A medical opinion (doctor) has more credibility than a NP exam.  But, I havent seen your file, nor have I read the exams.  

[blahsaysme2u]

^^^^^

this. he put it in better terms...i also remembered the phrase i was trying for above. "tie goes to the runner(veteran)"