Link to original post
Just when I thought I heard it all I get my final denial letter and It is so stupid I find it funny. It is just further proof that raters will look for anything to deny a veteran. In this instance I attempted to tie my obesity to my service connected disabilities which led to other issues. Here are my ratings (for now)
10% left knee (increase denied will appeal)
10% right knee (increase denied will appeal)
10% Bilateral Pes Planus (will appeal I should be at a minimum 50% they did not adjudicate my Plantar Fasciitis either)
My contention is that as my disabilities got worse my activity lessened. I can’t even walk without pain let alone exercise and that led to my beginning to gain weight.
So the rater that took my claim made the following statements.
“The examiner further stated that your service connected condition does not preclude all forms of exercise. For example paraplegics exercise and maintain appropriate Body Mass Index (BMI)
“Obesity is most commonly caused by a combination of excessive food intake, lack of physical activity, which is a choice”
First of all comparing my situation to a paraplegic is irresponsible and to be honest just flat stupid. A paraplegic gets no muscle stimulation in their legs and sadly they lose muscle mass and their legs are nothing but skin and bones. Their exercise is limited to upper body exercise and it is easy to maintain that the active muscles in your body are minimal.
The fact that the examiner and rater state that my excessive food intake and lack of physical activity is a choice I made shows they ignored my statements. In my personal statement, a statement from my spouse and ex-spouse we all stated the pain I am in when I try to exercise and we also all stated the numerous diets that we tried and was unsuccessful in my losing weight. Then you have to take into account I have asthma and I have to take medication daily to control it. My asthma is service connected as well. I have a lot of shortness of breath when I exercise.
What a complete joke.
Read the full thread below
Just when I thought I heard it all I get my final denial letter and It is so stupid I find it funny. It is just further proof that raters will look for anything to deny a veteran. In this instance I attempted to tie my obesity to my service connected disabilities which led to other issues.