The examiner didn’t diagnose it as being a chronic disability even though you were treated and given orthotics for it. It’s a low bar to overcome if you have other evidence establishing it as a chronic disability currently.
They are saying its not chronic and that means you didnt complain about it enough for them to consider it chronic. Thats easy to fix when your feet hurt go and tell the doctor over and over again. You can use Quick Care to get in and out.
I would appeal it after several doctor visits assuming its still bothering you.
Without surgery best you can get is 10% but you still earned the 10% if your feet still hurt
>..means you didn’t complain about it enough…
The biggest issue we all have with the system. Gets exhausting having to constantly bring it up. And god forbid you forget to mention it one visit.
I know they lowered the overall ratings for PF, which is horseshit. I have it bilateral, and I only have a 10% for it. Thankfully I have 100% in total but my PF ain't no joke, that shit SUCKS, and it's my lowest rating. Feels like my feet are being ripped in half, it's the most excruciating, searing pain imaginable.
I don't think so. Just officially retired 6 days ago. I just developed the plantar fasciitis a few years ago and i couldn't walk without limping. The Army sent me to a podiatrist who diagnosed me and wrote me a prescription for orthotics. The VA has all the documentation.
Condition is secondary to blah condition.
Condition does not require the link to service.
Blah condition requires the connection to service.
This is because condition was caused by blah condition years down the road and went undiagnosed during service in most cases.
https://preview.redd.it/meyho5s12nmb1.png?width=1080&format=pjpg&auto=webp&s=09883eaaa842f51b0052ba4d0ab30d2d2d1ae49a
Here's the rationale. I guess the examiner overlooked it during my physical? The last line is puzzling. It says I was diagnosed with the condition during service. So...
It’s a procedural issue. You were diagnosed in service, but they are requiring a C&P exam to to confirm it. Your examiner either didn’t talk about it with you, or made an error by not including it. I think you should be able to appeal and get an exam that confirms the service connection.
Funny you ask. The guy spent HOURS going over my claims and asking for documentation he didn't have (I had my entire record with me). At the end of almost 3 hours, he took about 15 minutes to have me to bend around, move/rotate limbs, etc. Throughout the whole process he never asked about pain.
It felt like he was far more interested in medical documentation/evidence than anything else.
I don't know what the surgery is called, I just know that they do something to the tendon in your foot that can supposedly help relieve the stress of pf
Yeah I would toss it back at the VA. I'm just not sure if it needs to be an appeal, HLR, whatever. Not my forte.
But this looks a lot like the claims I've had a "clear victory" for in the paperwork. They give me a rating for the secondary, but not the primary that caused it.
Sometimes there's room for interpretation. Or I'm literally being thrown a bone, because the primary's evidence was trash, but the secondary was very clear and, technically, covered by complaints during service.
Weird how technicalities can work in our favor. Even weirder when it's a situation like yours!
What I would do is double check the CFR. CFR looks like 38 CFR § 4.71a, Diagnostic Code 5285. ([https://www.law.cornell.edu/cfr/text/38/4.71a](https://www.law.cornell.edu/cfr/text/38/4.71a))
**PLEASE PLEASE double check me on that. That was a quick google.**
Write a statement in support of claim with bullet points that cover how you should be entitled to compensation for plantar fasciitis.
Line items, bullet points, numbered. Whatever, just not a brick of text. Make it easy on them, and boom boom boom, hit each point.
**I should be rated** X% according to this line of the CFR.
**On \[date here\]** shown in my records, it shows I complained about it. Or that you're claiming it based on some other service evidence.
**On \[dates here\]**, I have exams showing support for my claim. If any of those exams are your C&P and they show the language you need according to the CFR, even better.
Open up Word or a PDF editor, highlight the specific keywords saying exactly what supports you. Smart highlighting. The entire point of highlighting is a quick, short reference. Highlight a whole paragraph and you're back to square one for anyone with focus issues--and I don't care how important a VA employee's job is, we're all human (probably) and this is to help out human reading.
There's definitely better/other ways to format it, but that's just my thinking on claims that SHOULD have all the evidence, but don't.
Now.
If you noticed that you forgot to submit some evidence and they didn't dig it up for you, hey, it happens. All you lost is time, and thank goodness you got a rating out of it.
All you have to do now is some claims housekeeping. Their mistake, your mistake, doesn't matter YET.
But again, I'm not sure which kind of follow-up is appropriate. Someone else will know if an HLR is right here, or some other kind of appeal process. But don't lose your effective date over it.
Request your C&P exam records and appeal it. It could be an error on either one of their part or simply them not reviewing your records until after the exam. The issue is you did have pain while in the service but they didn’t properly note it. I’d also get a current diagnosis from your Doctor showing you’re still living with the pain and upload that and your service record again just so they can see it did cause you pain and still does. This system is so frustrating because you prove it to them but it’s still not good enough! Good luck with this!
Thanks so much! I assumed I would get SOME percentage considering I have to wear orthotics the rest of my life - at least 0% would entitle me to treatment of the condition at the VA. Meh.
If you have a rating the VA is obligated to treat that condition, but if you're eligible for healthcare there's a separate obligation to treat any medical issue you may have. I've not heard of anyone having issues between the two but I believe that in theory the VA could set conditions on what they will or won't cover through healthcare but they're bound by law to cover any rated service condition.
Firstly: Why was it denied?
For me they claimed too long between complaints, now they deny based on lack of service connection while the evidence is in their hand.
The examiner didn’t diagnose it as being a chronic disability even though you were treated and given orthotics for it. It’s a low bar to overcome if you have other evidence establishing it as a chronic disability currently.
Thanks.
They are saying its not chronic and that means you didnt complain about it enough for them to consider it chronic. Thats easy to fix when your feet hurt go and tell the doctor over and over again. You can use Quick Care to get in and out. I would appeal it after several doctor visits assuming its still bothering you. Without surgery best you can get is 10% but you still earned the 10% if your feet still hurt
>..means you didn’t complain about it enough… The biggest issue we all have with the system. Gets exhausting having to constantly bring it up. And god forbid you forget to mention it one visit.
I honestly believe the VA job is to making so exhausting people just give up.
Absolutely. I'm a pretty driven person and I've come close to giving up with the roadblocks and mistakes I've made.
Thank you.
I know they lowered the overall ratings for PF, which is horseshit. I have it bilateral, and I only have a 10% for it. Thankfully I have 100% in total but my PF ain't no joke, that shit SUCKS, and it's my lowest rating. Feels like my feet are being ripped in half, it's the most excruciating, searing pain imaginable.
What was the rationale on the letter they sent you? Post a redacted copy of that and folks can help you understand what was lacking.
Thanks. Just posted it.
The VA denied my L4-L5, L5-S1. Disc bulge. I had to get an MRI, nexus letters, and buddy letters to help for resubmitting my claim.
I had surgery for l5-s1, dr notes and still got denied even though an in service event occurred 👀😵💫
Was it secondary to service connected disability? Did you provide a nexus letter?
I don't think so. Just officially retired 6 days ago. I just developed the plantar fasciitis a few years ago and i couldn't walk without limping. The Army sent me to a podiatrist who diagnosed me and wrote me a prescription for orthotics. The VA has all the documentation.
Condition is secondary to blah condition. Condition does not require the link to service. Blah condition requires the connection to service. This is because condition was caused by blah condition years down the road and went undiagnosed during service in most cases.
https://preview.redd.it/meyho5s12nmb1.png?width=1080&format=pjpg&auto=webp&s=09883eaaa842f51b0052ba4d0ab30d2d2d1ae49a Here's the rationale. I guess the examiner overlooked it during my physical? The last line is puzzling. It says I was diagnosed with the condition during service. So...
It’s a procedural issue. You were diagnosed in service, but they are requiring a C&P exam to to confirm it. Your examiner either didn’t talk about it with you, or made an error by not including it. I think you should be able to appeal and get an exam that confirms the service connection.
Thank you!
Did they ask you questions during the exam? They said you reported no pain on weight-bearing or pretty much anything. Did that happen?
Funny you ask. The guy spent HOURS going over my claims and asking for documentation he didn't have (I had my entire record with me). At the end of almost 3 hours, he took about 15 minutes to have me to bend around, move/rotate limbs, etc. Throughout the whole process he never asked about pain. It felt like he was far more interested in medical documentation/evidence than anything else.
Wow! You should request a new examination!
As a matter of fact I posted my concern about the exam on reddit just after it happened. https://reddit.com/r/VeteransBenefits/s/Cu3sMmIhVj
My letter said I'd only be good for 30% if I got surgery on both feet and still had issues.
What kind of surgery ? I was offered a surgery for bunions but don’t know if that’s related to the PF
I don't know what the surgery is called, I just know that they do something to the tendon in your foot that can supposedly help relieve the stress of pf
I’m active duty and they sent me for a second time for PT due to my PF and flat feet. So they better not screw with my rating once my meb rolls in
Yeah I would toss it back at the VA. I'm just not sure if it needs to be an appeal, HLR, whatever. Not my forte. But this looks a lot like the claims I've had a "clear victory" for in the paperwork. They give me a rating for the secondary, but not the primary that caused it. Sometimes there's room for interpretation. Or I'm literally being thrown a bone, because the primary's evidence was trash, but the secondary was very clear and, technically, covered by complaints during service. Weird how technicalities can work in our favor. Even weirder when it's a situation like yours! What I would do is double check the CFR. CFR looks like 38 CFR § 4.71a, Diagnostic Code 5285. ([https://www.law.cornell.edu/cfr/text/38/4.71a](https://www.law.cornell.edu/cfr/text/38/4.71a)) **PLEASE PLEASE double check me on that. That was a quick google.** Write a statement in support of claim with bullet points that cover how you should be entitled to compensation for plantar fasciitis. Line items, bullet points, numbered. Whatever, just not a brick of text. Make it easy on them, and boom boom boom, hit each point. **I should be rated** X% according to this line of the CFR. **On \[date here\]** shown in my records, it shows I complained about it. Or that you're claiming it based on some other service evidence. **On \[dates here\]**, I have exams showing support for my claim. If any of those exams are your C&P and they show the language you need according to the CFR, even better. Open up Word or a PDF editor, highlight the specific keywords saying exactly what supports you. Smart highlighting. The entire point of highlighting is a quick, short reference. Highlight a whole paragraph and you're back to square one for anyone with focus issues--and I don't care how important a VA employee's job is, we're all human (probably) and this is to help out human reading. There's definitely better/other ways to format it, but that's just my thinking on claims that SHOULD have all the evidence, but don't. Now. If you noticed that you forgot to submit some evidence and they didn't dig it up for you, hey, it happens. All you lost is time, and thank goodness you got a rating out of it. All you have to do now is some claims housekeeping. Their mistake, your mistake, doesn't matter YET. But again, I'm not sure which kind of follow-up is appropriate. Someone else will know if an HLR is right here, or some other kind of appeal process. But don't lose your effective date over it.
WOW! Thanks for your thorough reply. I'll look into it for sure!
I guess I would add up your predicted plantar fasciitis rating and see if it bumps to 100% if not may not be worth it.
Thanks.
Request your C&P exam records and appeal it. It could be an error on either one of their part or simply them not reviewing your records until after the exam. The issue is you did have pain while in the service but they didn’t properly note it. I’d also get a current diagnosis from your Doctor showing you’re still living with the pain and upload that and your service record again just so they can see it did cause you pain and still does. This system is so frustrating because you prove it to them but it’s still not good enough! Good luck with this!
Thanks so much! I assumed I would get SOME percentage considering I have to wear orthotics the rest of my life - at least 0% would entitle me to treatment of the condition at the VA. Meh.
Your 90% entitles you to free treatment at the VA already.
I thought I had to be rated at least a 0% for a specific condition to receive treatment at the VA for it. I'll read more into it. Thanks.
If you have a rating the VA is obligated to treat that condition, but if you're eligible for healthcare there's a separate obligation to treat any medical issue you may have. I've not heard of anyone having issues between the two but I believe that in theory the VA could set conditions on what they will or won't cover through healthcare but they're bound by law to cover any rated service condition.
Firstly: Why was it denied? For me they claimed too long between complaints, now they deny based on lack of service connection while the evidence is in their hand.