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Take a look at this DBQ opinion


Whodat

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Opinion. IT is the option that the veteran does have bilateral knee conditions that are less than likely than not proximate due to or result of bilateral Pes planus and bilateral plantar fasciitis.

Rationale. The veteran has a specific diagnosis for the left knee as mentioned and the right knee has a dx of recurrent strain. From the history these are related to specific injuries in service and not to the pes planus and Plantar fasciitis.

 

I am not the sharpest tool in the shed and I do understand the less than likely statement means a denial but the MD stated related to injuries while in service.

Shouldn't that carry some weight?

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  • HadIt.com Elder

Did you claim it specifically to Pes Planus? If the opinion asked for is secondary to Pes planus then that is what the examiner has to answer. This is why I advise people not to try to get super specific with their claimed contentions.

The MD may carry some weight but if there is conflicting opinions then they may send it (not you) to another examiner for separate decision. The examiner is basically saying that the knee issues are due to in svc injuries- so you could have had a direct opinion rather than a secondary- but that doesn't sound like thats what was asked for. You don't have to claim a contention as direct or secondary when you send it in- thats the VSR and raters job to figure out. You can state you think it may be cause by x, y, z to give them a direction to look in, or you can just say "due to knee injuries incurred in service" or something like that unless you can point to a specific incident or two. 

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I do believe that I had filed this particular claim as a direct service connection to include secondary to service connected disabilities. At that time, the only sc conditions that I had was PTSD pes planus shoulder and tinnitus. Out of the 4 sc conditions, the only one that makes more sense is the pes planus.

Maybe I had filed wrong but seems to me, the VA does recognize that I have a knee condition that's related to service. 

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  • HadIt.com Elder

A DBQ isn't a rating opinion- have you received a narrative decision yet? The RVSR still has to go through the record again before issuing an opinion. 

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Yes and I was denied and it verbatim quoted what the c&p examiner said.

I haven't appealed yet due to the fact that I am trying to get more evidence.

It is in my notes from my podiatrist that my severe over pronation from flat feet causes my knees to bow inward causing knee hip and lower back pain. 

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It could be that you inadvertently tried to diagnose your condition and even offer the etiology at the time that you filed your claim, but you are not expected to be the expert. If I was you I would consider that medical opinion as the doctor trying to help you make the connection in order service connect your knees. Although it may need some further development, it is favorable to you, and I would be happy with it.

I would also think that the doctors statement would be enough for a VSR or rater to initiate further development or at least invite you to file the claim based upon that statement by the doctor.

Edited by jamescripps2 (see edit history)
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My thought is I went for the high money ratings first and am working on the secondary ones now. What I mean is I would go after the stuff that makes you disabled ie PTSD Right knee injury etc.  That way you will have the funds to prove you other injuries via private doctor IMO's and DBQ's.

I am posting the recent IMO done by a Doc in Atlanta. I have redacted my info out of it along with some of my treating physicians info.  If you fimd any info I missed please message me. I have left the Doc's info in it as I recommend him highly he is very reasonable priced companied to others. It is 14 pages. I supplied him with my medical records and only the ones that prove my injuries not 1000 pages of medical records as some people make the mistake of expecting the VA and Doc's to find what you want them to in all that paper,

 

 

Redacted- IMO Ralph DAuria MD 10-21-22.pdf

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On 11/13/2022 at 10:13 PM, jamescripps2 said:

It could be that you inadvertently tried to diagnose your condition and even offer the etiology at the time that you filed your claim, but you are not expected to be the expert. If I was you I would consider that medical opinion as the doctor trying to help you make the connection in order service connect your knees. Although it may need some further development, it is favorable to you, and I would be happy with it.

I would also think that the doctors statement would be enough for a VSR or rater to initiate further development or at least invite you to file the claim based upon that statement by the doctor.

Good to know. However, the VSR or rater did not do anything. I am assuming that they are waiting for my HLR or appeal.  

 

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