C&P Exams: Feet
Вставка
- Опубліковано 30 лип 2024
- Welcome to our informative and comprehensive UA-cam video on obtaining service connection for the Feet as a veteran. In this video, we will guide you through the process, regulations, and the essential Disability Benefits Questionnaire (DBQ) you can expect during your Compensation and Pension (C&P) exam.
Our Website: vadisabilitygroup.com/
vadisabilitygroup.com/c-and-p...
Symptom Log: vadisabilitygroup.com/symptom...
38 CFR 4.71a (Rating Schedule)
www.law.cornell.edu/cfr/text/...
Link to DBQ: www.benefits.va.gov/compensat...
Video Content Breakdown:
0:00 Intro
0:27 Exam Preparation
1:38 What to expect
4:30 Service Connection
6:24 Rating Schedule
8:17 DBQ Walk through
10:52 Key Takeaways
11:00 Outro
You said "draft up a symptom log and sworn statement and send to the VA" does this mean give it to your VSO to submit with your VA claim or bring it to your C&P exam? Thank you for all your insight!
Do both. Send them to the evidence intake center (EIC). Many examiners, if they do their job correctly, will review the electronic file before examining veterans. This is why you will want to send it to the EIC before your exam. However, as you can probably assume many examiners do not review the record, so you will want to also hand carry the same records and hand them to the examiner at the exam.
Hope that helps. Good luck!
@ the age of thirteen I had a severe break of the growth bones in my left ankle and when I went into the AF I experienced a lot of foot,ankle, and leg pain on the left leg, while wearing combat boots and marching. I was diagnosed with flat feet and the AF began making plastic arches to fit inside my work boots, but it really was not a very good outcome to ease the pain. I am now 68yo and have filed an "intent form" for compensation. My question is using the flat feet diagnosis since it is the issue documented in my service file as my primary event, because I am having a huge pain and mobility issue w/ my left knee could this be the secondary compensation event, and in which order should I apply or can I file for both at the same time?
Was the break of growth bones in your left ankle documented with the Air Force? Was it noted on your entrance examination? You definitely have a valid claim if you were treated on active duty. We would file a claim for direct service connection stating your problems began on active duty. If they try to tell you your symptoms began before military service, remind them that you were presumed sound by the "presumption of soundness doctrine." If they still insist your symptoms preexisted military service, then tell them that at a minimum your symptoms were "aggravated beyond the normal degree of worsening" by your military service.
Yes, you should and could file a secondary claim for your L knee secondary to the feet. However, if applicable, you will want to ensure you communicate you have an altered gait and change the wait you walk because of the feet. Because of this alteration, you put undue stress on your knee.
You should file for every single medical condition you believe could potentially be associated with your active duty service. If you have a history of depression or anxiety because of your foot problems, we would encourage you to file for that too.
All the best!
Question on SMCS. I'm 50% migraines and 100%MDD (secondary to migraines) I filed for two more conditions (Tinnitus and scars) if they are approved will i receive SMCS? Only need 10% for statutory housebound. Some people say yes and some say no because my 100% is tied to my 50%. I've always heard one condition at 100% and separate condition(s) that total 60% or more. Does the fact finder tend to find migraines/mental health to be "separate and distinct" within the regulatory meaning. Thoughts and thank you!
Yes, you will likely receive the SMC-S with the 10% tinnitus rating as the MDD and migraines are instinctively separate conditions. However, your hunch is correct that an adjudicator could try to avoid awarding such alleging the conditions are not "separate and distinct" as required by the law, which in pertinent part states the following at 38 CFR 3.350 (i)(1): "Has additional service-connected disability or disabilities independently ratable at 60 percent, SEPARATE AND DISTINCT from the 100 percent service-connected disability and involving different anatomical segments or bodily systems."
www.law.cornell.edu/cfr/text/38/3.350
It really depends on the adjudicator/judge giving you your decision. In our experience, SMC-S is usually awarded in this instance as the fact finder tends to find migraines/mental health to be "separate and distinct" within the regulatory meaning.
All the best!
@@VADisabilityGroup Thank you very much for your time today! Best to you as well!
Same to you. Enjoy your weekend!