Appeal Help

[Dobalu]

My one year mark to appeal my VA Disability ratings is coming up towards the end of next month, and due to A LOT of life changes as well as not finding time to take off work for new appointments, I've kind of put it to the side until now.

I was rated in mid April 2018 at 50% disability. I agree with all of the VA decisions with the exception 0% for bilateral plantar fasciitis and 0% for tension headaches (which have since transitioned into pretty terrible migraines). I believe these are also my two biggest issues and the issues I had the most documentation for in my initial claims, so I was a bit surprised to see 0% on both of those.

Bilateral plantar fasciitis was rated 0% based on "symptoms relieved by arch support (renders diagnosis asymptomatic)". I believe this was due to me saying that the insoles I received from my podiatrist helped A LITTLE, however I still can only stand for maybe 10-15min before my heels start hurting, and I can't walk for too long without needing to find somewhere to get weight off of my heels. When I stand, I have to constantly shift my weight to avoid my heels from bothering me.
--I do not have any follow-up evidence for this disability, but plan on including a written statement and buddy statements from several people I worked with as well as family and my long-term girlfriend. I should be able to get a letter from my general doctor as well. Do you think this will be enough to increase my rating? I should go back to the podiatrist, I don't know if I have time before I need to submit the appeal.

Tension headaches were rated 0% based on "a diagnosed disability with no compensable symptoms". I'm almost completely sure that this is due to how my headaches are mentioned in my medical records. 10% requires characteristic prostrating attacks averaging one in 2 months over the last several months, whereas my records simply state that I have daily headaches with no mention of prostrating attacks. These headaches have since transformed into pretty awful migraines where on my drive home from work more often than not, I get double vision and can barely read the license plate in front of me. Sometimes I need to drive with one eye closed to get rid of the double vision or stop and try to wait out the headache (which can take forever, so usually I just push through). This obviously isn't safe. I have prostrating attacks about once every week or two where I need to lie down or at a minimum completely stop what I'm doing and try to close my eyes and relax, though the headaches/migraines that also bring double vision are almost every other day, which may also count as prostrating, I'm not sure.
--The only follow-up evidence I have for this disability are a couple more appointments with my general doctor, with the last one having her suggest I see a neurologist again. She is also willing to write a letter for both the headaches and plantar fasciitis. In addition, I plan on submitting a written statement and buddy statements from the same people that will write one for my plantar fasciitis. Personally I believe that based on ratings requirements, I'd be eligible for at least 30%, but I know that headaches/migraines are hard to prove.

I mentioned submitting a written statement and buddy letters. Does anybody know where I can find a good example of both of those? I'm having a hell of a time finding examples of a buddy letter. Any other suggestions are greatly appreciated. I wish I didn't wait so long to deal with this, but unfortunately I prioritized life first, so I don't have a ton of time to see more specialists before my appeal deadline. Thanks!

 

[oddpedestrian]

Your buddy letters need to be sworn (notarized) and make sure they are indeed factual. The bilateral flantis rating will probably be determined by a C&P exam the best way to prepare for it is to download the DBQ from the VA website and familiarize yourself on what questions or exam will be administered and then see what the ratings are via VASRD. The migraines are a little harder to prove even for increases. Prostrating is a medical term so you cannot just tell them that is what's happening just explain your headaches how they affect you. I would REALLY familiarize yourself with the headache DBQ many examiners just read off those questions and just check what you answer. To claim its severe the examiner would want to see that you are taking medications for it and isn't helping like Topamax, Imitrex, or even something simple like IBPROFEN. Here is an example my wife wrote for me for the lay statement

1. On 1 May 2017 ODDPEDESTRIAN received a tint waiver from the state of NC for his primary vehicle because unfiltered sunlight causes ODDPEDESTRIAN to have serious migraine attacks that overwhelming effects his ability to safely operate a motor vehicle
   
2. On 18 April 2017 at approximately 7:00PM I witness ODDPEDESTRIAN incur a severe migraine attack. He collapsed on the living room floor in serious pain and I immediately administered an oral dose of 800mg of IBPROFEN and 50mg of Sumatriptan. I helped him to bed and he described his pain to me as severe throbbing head pain, circumferential. His pain did not subside till early mid-evening the following day, approximately 18 hours later.

This goes on to describe more events for two pages that's why its a really good idea to have a headache log, you can't just show and tell them you get headaches every day with no evidence to support that statement that's why so many get 0% for it.

You can purchase the form here,

Shop

www.veteranslawblog.org

Good luck with your claims.

 

[brystonschafer]

Dobalu,

My MEDB referring condition was Bi-Lateral Plantar Fasciitis.

I claimed maybe 5 other things, but received a total rating of 70% VA and 30% DoD PDRL.

From what you stated above, I totally agree that you stating the shoe inserts helped a little bit is probably the reason why they rated you 0%.

I believe I received a 30% alone on the referred condition. My PEBLO had told me prior that she has seen as high as 40% rating for the condition.

I would definitely fight it. My severity of the plantar fasciitis is just as you described above. I can hardly stand for 10-15 minutes at a time and need to periodically sit down and take it easy in order to continue from Point A to Point B.

My Podiatrist exhausted pretty much all treatment options: inserts, SEVERAL cortizone steroid shots in each foot, non-invasive shockwave therapy (they put you under anesthesia). The only remaining option I have is to have invasive surgery to cut into that plantar tendon and pray it corrects the issue, but even my Podiatrist admittedly did not feel comfortable for my outcome. During my QTC Medical Exams I definitely let them know that the shoe inserts did not help my situation at all whatsoever.

Definitely get the sworn statements from your peers and continue to seek medical treatment even if it means getting some more cortizone steroid shots.

 

[Rater81]

Dobalu,

My MEDB referring condition was Bi-Lateral Plantar Fasciitis.

I claimed maybe 5 other things, but received a total rating of 70% VA and 30% DoD PDRL.

From what you stated above, I totally agree that you stating the shoe inserts helped a little bit is probably the reason why they rated you 0%.

I believe I received a 30% alone on the referred condition. My PEBLO had told me prior that she has seen as high as 40% rating for the condition.

I would definitely fight it. My severity of the plantar fasciitis is just as you described above. I can hardly stand for 10-15 minutes at a time and need to periodically sit down and take it easy in order to continue from Point A to Point B.

My Podiatrist exhausted pretty much all treatment options: inserts, SEVERAL cortizone steroid shots in each foot, non-invasive shockwave therapy (they put you under anesthesia). The only remaining option I have is to have invasive surgery to cut into that plantar tendon and pray it corrects the issue, but even my Podiatrist admittedly did not feel comfortable for my outcome. During my QTC Medical Exams I definitely let them know that the shoe inserts did not help my situation at all whatsoever.

Definitely get the sworn statements from your peers and continue to seek medical treatment even if it means getting some more cortizone steroid shots.

I also was medically discharged for plantar fasciits. I had everything you mentioned and surgery. The surgery made it worse. I'm in the process of doing the PDBR since I was separated in 2005. It gives me hope that I may get 30% for my bilateral plantar fasciitis.