Just a couple of questions...

[acz3inbigd]

If the VA decision letter states a veteran has one year to appeal, and before the year is expired the VA closes his appeal then what recourse would the veteran have.

What You Should Do If You Disagree With Our Decision

If you do not agree with our decision, please download and complete VA Form 21-0958,
“Notice of Disagreement”. You can download the form at http://www.va.gov/vaforms or you
can call us at 1-800-827-1000. You have one year from the date of this letter to appeal the
decision. The enclosed VA Form 4107, “Your Rights to Appeal Our Decision,” explains your
right to appeal.

A veteran files a claim for an injury to his [L] foot, and his [R] for plantar fasciitis resulting from his service connected injuries, if he has no relief from non-surgical or surigical treatment on his [L] foot and and candidate for surgical relief on his [R] foot but refuses to elect surgical treatment, then what principle would the VA follow to rate his degree of disability?

Last question, what rating would  a veteran receive for bilateral plantar fasciitis without a diagnosis of plantar fasciitis?

I would appreciate hearing what your answer might be.  Thank you.

 

[acz3inbigd]

On 3/15/2024 at 7:56 AM, pacmanx1 said:

The claim would actually be closed but that only starts the one-year appeal period.

 Looking into what you said, I did find that 60 days after the date of the SOC that the claim can be closed.  

§ 19.32 Closing of appeal for failure to respond to Statement of the Case.  The agency of original jurisdiction may close the appeal without notice to an appellant or his or her representative for failure to respond to a Statement of the Case within the period allowed. However, if a Substantive Appeal is subsequently received within the 1-year appeal period (60-day appeal period for simultaneously contested claims), the appeal will be considered to be reactivated.

However, I am pretty sure that the one year appeal period ends one year from the date of the Statement of the Case, I just didn't know that a document titled Rating Decision was the decoy document for the Statement of the Case.  

[acz3inbigd]

On 3/11/2024 at 1:50 PM, acz3inbigd said:

A veteran files a claim for an injury to his [L] foot, and his [R] for plantar fasciitis resulting from his service connected injuries, if he has no relief from non-surgical or surgical treatment on his [L] foot and and candidate for surgical relief on his [R] foot but refuses to elect surgical treatment, then what principle would the VA follow to rate his degree of disability?

Maybe that question was not clear.  Let's see if this help...

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The veteran files a claim for an injury to this [L] foot and injury to his [R] foot, claiming that  medical treatment records while in service would affirm service connection.

• An C&P exam was scheduled by the RO.
• The  C&P report contains the diagnosis of bilateral planter fasciitis..  (There is no notation in the C&P exam of any surgical treatment on either foot.)
• The C&P also lists  plantar fibroma under the diagnosis with comment it is not service connected. 

* The C&P exam report does not that the veteran  walks with a normal heel strike and toe push off.

The RO decision finds injuries were service connected and assigns a rating of 10% for bilateral plantar fasciitis.

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So my question is whether anyone see anything wrong with the rating 10% for bilateral plantar fasciitis?  Since I am not trying to play a got you game, but I would like your "pick their brain".  You can pick mine if you want but be forewarned to expect slim pickens.  

 

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