tdiu Ankle Rating Decision Questions. Lowballed?

[Jayg]

I was granted 20% for "marked limited motion of the ankle. This is maximum disability evaluation for an ankle condition without ankylosis or a frozen ankle."

Thanks to others, I've been plowing through the rating schedules. I had before but it's so vast I hadn't known where to look.

Here's my award decision...

"A review of your medical records indicated that you were treated for an inversion sprain of your left ankle in February 1980. Treatment records shoed tht the ankle was short casted for two weeks. Records showed a full normal range of motion with no pain and release to limited duty on February 28, 1980. Your separation examination date May 6, 1981 does not show any residual disability of the left ankle or complaints of any disability of the left ankle at service separation. A review of your VA treatment records from as early as April 2001 does not show any complaints of a disability of your left ankle. VA records from February 2002 show treatment for complaints of a left knee conditon, but there is no record of complaints of a left ankle condition. Lay statements provided [by] David Ott [Col. ret., my then Capt., battery commander] indicated his knowledge of injury and treatment for the left ankle injury. Your recent VA examination on your left ankle showed swelling with no effusion. Mild bony enlargement and deformity was noted. Dorsiflexion was limited to 0 degrees with plantar flexion to 14 degrees. Pain was noted on the range of motion testing with additional limitation of motion due to pain, weakness and fatigue. Based on evidence of severe inversion sprain in active service and continued complaints of pain in the left ankle and the VA examintation showing a marked limitation of motion in the ankle due to pain and weakness, we will grant service connection for your left ankle with a 20 percent disability evaluation. An evaluation of 20 percent is assigned for marked limited motion of the ankle.

This is the maximum disability evaluation for an ankle condition without ankylosis or a frozen ankle."

I took this to mean that's all I could get on the ankle but now I'm thinking that may not be true. I looked up "ankylosis" and found this definition... "stiffness or fixation of a joint by disease or surgery" Stiff it is! I haven't had surgery but I do have arthritis- djd.

The rating schedule section;

THE ANKLE

Rating

5270 Ankle, ankylosis of:

In plantar flexion at more than 40º, or in dorsiflexion at more

than 10° or with abduction, adduction, inversion or eversion

deformity 40%

In plantar flexion, between 30º and 40º, or in dorsiflexion,

between 0º and 10º 30

In plantar flexion, less than 30º 20

5271 Ankle, limited motion of:*

Marked 20* (my award rating)

Moderate 10

5272 Subastragalar or tarsal joint, ankylosis of:

In poor weight-bearing position 20

In good weight-bearing position 10

5273 Os calcis or astragalus, malunion of:

Marked deformity 20

Moderate deformity 10

5274 Astragalectomy 20

In poor weight-bearing position 20

In good weight-bearing position 10

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Now I don't understand all that. But my ankle will roll out from under me suddenly and w/out warning. Is there more I can claim or appeal on this joint?

There is evidence of complaint in those in between years and they have it too. But I don't think that's any longer an issue here- or is it?

Sorry this is long but I need TDIU and I don't have the reuesite percentage yet. I have to claw at every straw I can find.

Too, my file has been sent to VMAC for a 'medical opinion" but I haven't been able to find out for what yet. The arthritis would be my guess.

You all have been great and I am most appreciative of all the advice given and experience you have shared.

Any further help would be most apprecciated.

Thank you.

J

Edited March 22, 2008 by Jayg

[JR Reihs]

Jayg,

I would file a claim for arthritis secondary to the ankle, this could possibly get you a additional 10% rather quickly while you are filing a NOD on the origional award.

[john999]

I would go to the psychiatrist and claim that the pain and disability from your leg is depressing you and making it impossible to work. Meanwhile, find a shrink who will do an IMO to evaluate your emotional condition. Most disabled people in pain are depressed. This could add some points to your rating.

[Jayg]

I would go to the psychiatrist and claim that the pain and disability from your leg is depressing you and making it impossible to work. Meanwhile, find a shrink who will do an IMO to evaluate your emotional condition. Most disabled people in pain are depressed. This could add some points to your rating.

Of course I'm depressed. I'd be crazy if I wasn't in this mess! But those psyche drugs and counselors scare the bejabbers out of me and I will avoid them as long as I can. That's a weapon of last resort.

[luvHIM]

Are you on pain meds for your ankle(s)?

Also, I would agree with the suggestion to file for the arthritis as secondary to the current disability condition. Injuries can and usually do promote the advancement of arthritis, especially DJD (which I have also been diagnosed with). Best regards.

[Jayg]

Are you on pain meds for your ankle(s)?

Also, I would agree with the suggestion to file for the arthritis as secondary to the current disability condition. Injuries can and usually do promote the advancement of arthritis, especially DJD (which I have also been diagnosed with). Best regards.

Pain meds? Oh yeaa. <_< The arthritis isn't restricted to the ankle. VA calls it "severe debilitating arthritis."

I take methadone for pain and Mirapex for neuropathy daily, and for "as needed" Tramadol, Baclofen (for lower back), and Naproxen 500mg.

I will definitely file for the pain as suggested. Thanks!

Edited March 23, 2008 by Jayg