This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


  • Topics

  • Forum Statistics

    • Total Topics
      60,361
    • Total Posts
      389,950
  • Topics

  • Posts

    • Sexsomnia
      Your profile indicates that your 100% SC? If your 100SC, an IU Claim would be "Moot." Could you list your SC's & ?%, would help? Semper Fi
    • Blood Clot in Knee
      Hi All, I have a 100% vet who recently had a bad fall and ended up in the emergency room in the town he lives in because VA hospital was to far to take him to.  In examining him they found the blood clot in his knee.  The doctor at the hospital is telling him that he can't go home and told him to call the VA and see if they can monitor him for the blood clot for his INR level, while he's at home.  He's going to have to have blood thinners for the rest of his life. They also want him to have a physical therapist to come to his house and give him physical therapy for about 3 to 6 weeks.  Right now he can't put in any pressure on that leg at all.  This is the same knee that he hurt in the service that keeps giving out on him.  Can he put in a claim for AA, through the VA and if so what can he expect to receive.  Thanks in advance for your replies.
    • My husband died in motorcycle accident
      No, not at all! I appreciate all your advice. Getting the police report, the autopsy report and the medical records have brought up a lot but it's just part of the process. You guys have helped me so much. Thank you! 
    • Sexsomnia
      Update: So diagnosis: Bipolar II, PTSD w/agoraphobia, sexsomnia (undiagnosis, but have had it forever til I found a name for it) Delayed Phase Sleep syndrome, OCD, Hypersomnia I am no longer having nitemares or jumping at everything! my docs say PTSD is curable! I still get anxious and have anxiety at times, and some minor panic attacks, but not as often or severe. But stress really really really screws me up, about 15 months ago I noticed I was getting worst, my bipolar I believe, but I was having strange episodes I can't even explain. I get fuzzy brained and my thoughts get disorganized, and I feel like I had a stroke and I cant get words out, and I stutter, and it frustrates me, and I lose my train or thought, or just a word, it like I see a basket ball in my mind and I dont know the word, then cant explain what it is either. Well I had my first FULL manic episdoe and the VA hospitalized me, diagnosis, physchosis. Then I was convulsing too. they just said its bipolar so I started checking on sexsomnia again, it seems there is more then one kind now, ones stemming from parasomnia, klien level syndrom, and epilepsy and temporal lobe epilepsy causes sleep issues, sex orgasim jerks, mood disturbances, obsessive behavior, anxiety, sturrters, and slurred speech post seizure, and these siezures can be so tiny, no one can se them, and they can just look like I stare for a couple seconds. SO DO I HAVE NONE of those mental health issues at the top of this post, they were all mimic, because seizures created mood disturbances, and thought disorganization, for sometimes days, this would mean I have NO mental health issue, and only nuorligical issue, and not even those sleep disorders! They mental healt put me on antidepressants, and I guess your not supposed to give those to someone with a seizre disorder   sorry for my spelling, its hard for me to type words now, ive been a brain mess for a month.
    • BVA Hearing
      12 years for a BVA hearing?  That is long, even for VA.  I have been fighting 14 years, but that includes 3 trips to the BVA. 
    • Exams during flare up?
      So they would most likely assign the minimum rating for pain? And not assign a rating for range of motion effected by the flare up? 
    • Exams during flare up?
      It must be considered as part of the claim, as it could effect the rating percentage, but rarely is this done in the first examination. At least from 6 exams I have had. You usually have to fight for the secondary issues caused by a service connected injury.   JMO.
    • Exams during flare up?
      A friend of mine who is a fellow Vet were talking about the C&P process. Like me he has a lot of inflammation issues in his shoulders. I told him how the examiner asked me if I was having a flare up when she examined my knee. We both became curious if that has any effect on a rating.   So if a veteran is experiencing a flare up during a C&P exam. Does the assigned rater take that into consideration and rate it at less of a percentage based on the restriction of movement due to a flare up? Or do they rate it as scheduled no matter what?    
    • My husband died in motorcycle accident
      Page1006 I never intended to up set you in any way and I know all this has to be upsetting to you to say the least. I hope you have sent in statements like this one? for evidence of record   your lay statements will be considered. I agree with you I believe your hubby did have some type of episode just right before his Accident..Proving it will be hard.
    • VSO
      JoebobCVSO Thanks for your service to vets and your honesty about working claims when you can get to them. Frankly, no matter how good you are you needs the Vet's evidence and lots of it to convince the VA. Although many characterize them as the enemy in some cases, I see them as hero's that are working theirs tales off to help Vet's. Have I had some negative experiences with exams, claims and interactions with the VA-yes. But, although my rater did not give me all that I expected, it's on me to provide more solid and compelling evidence. I learned early on, that no one is going to care more about a Vet's claims than themselves. So, it's very important for vets to learn as much as they can about the disability process and help you to help them. Recently, I've agreed to help some relatives with their claims due to what I have learned so far and my claims success. But, many of them just want to hand a pile of medical records and be told when to wait by the mail box for a big check? Before I submitted my claim, I do a great deal of work to put the package together. The head of a VA CP Section looked at my submission packages and remarked that they were the most organized that he had seen in 25 years. I told him that I did not want to leave much to chance and that I had some one once tell me that you have to make it easy for the rater to rate in your favor. For me, my VSO was not very good but I know that their are great one out there doing their best and helping Vets. I for one want to thank you for your incite and help via this post. Can you talk about the 3  to 7 big trends or  no/no-s that are hurting vets as they submit their claims packages right now? Goodspeed Rootbeer22

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

bufloguy

Ankle Rating

13 posts in this topic

Quick question,

How is the Ankle rated? I can't find where it is rated in 38 CFR. Here are the results of a recent MRI of my ankle:

1. Findings present consistent with a stenosing tenosynovitis in region peroneal ligaments cephalad to tip of lateral malleolus.

2. Findings present consistent with degenerative changes/possible tendinitis involving segments of peroneal tendons distal to tip of lateral malleolus.

3. Normal anterior talofibular ligament not identified. This may be reflective of a chronic disruption.

The podiatrist says the talofibular ligament was ruptured, and I will need to have it rebuilt. I will be filing a claim, but I don't know how it's rated. Any help would be appreciated. Thanks in advance!

Share this post


Link to post
Share on other sites




Quick question,

How is the Ankle rated? I can't find where it is rated in 38 CFR. Here are the results of a recent MRI of my ankle:

1. Findings present consistent with a stenosing tenosynovitis in region peroneal ligaments cephalad to tip of lateral malleolus.

2. Findings present consistent with degenerative changes/possible tendinitis involving segments of peroneal tendons distal to tip of lateral malleolus.

3. Normal anterior talofibular ligament not identified. This may be reflective of a chronic disruption.

The podiatrist says the talofibular ligament was ruptured, and I will need to have it rebuilt. I will be filing a claim, but I don't know how it's rated. Any help would be appreciated. Thanks in advance!

38 CFR 4.71a

Share this post


Link to post
Share on other sites

Thanks Sharon! I found the section, but have no idea what dx the injury would fall under. Basicaly it's a grade 3 sprain (total rupture) have to wear ankle braces or my ankle will fold under. Any Ideas?

Share this post


Link to post
Share on other sites

Ideas anyone?

Share this post


Link to post
Share on other sites

20%

Share this post


Link to post
Share on other sites

Any idea which code it would be rated under?

5270 Ankle, ankylosis of:

In plantar flexion at more than 40°, or in

dorsiflexion at more than 10° or with abduction,

adduction, inversion or eversion deformity 40

In plantar flexion, between 30° and 40°, or in

dorsiflexion, between 0° and 10° ..................... 30

In plantar flexion, less than 30° ........................... 20

5271 Ankle, limited motion of:

Marked .................................................................. 20

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

Share this post


Link to post
Share on other sites

You are going to have to have a C&P performed.......to determine the ROM remaining, or the pain involved with motion of the joints in your ankle, or to determine whether you have any degree of what I call "drop foot".

If you haven't had a C&P yet, on the ankle, then you probably won't get one until sometime after you file the claim.

Having said all that, 20% is what I have found that they like to hand out in the case of ankle problems.

If you have to wear orthosis to keep your ankle from, as you say "folding under" (drop foot), then you need to get the diagnosis that they used to issue you the orthosis (provided the brace is a VA-issued item) and file your claim including a copy of your VA med recs stating the need for the brace. Should be a no-brainer, which is sometimes the very thing that it takes for them to act upon, a no-brainer, seems they can handle those.

Share this post


Link to post
Share on other sites

I have "service connection for residuals, left ankle sprain."

My award letter states: "Your recent VA examination showed swelling with no effusion. Mild bony enlargement and deformity was noted. Dorsiflexion was limited to 0 degrees plantar flexion to 14 degrees. Pain was noted on range of motion testing with additional limitation of motion due to pain, weakness and fatigue."

Based on this, and supporting service connecting evidence, they granted "... service connection for your left ankle with a 20% disability evaluation. An evaluation of 20% 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." (italicizing added)

(but! ankylosis there is! :) )

Ankylosis= . 1 stiffness or fixation of a joint by disease or surgery

2 union of separate bones or hard parts to form a single bone or part

I hope this helps. :)

Share this post


Link to post
Share on other sites

Thanks for the replies. Hopefully they take into account that the anterior talofibular ligament is totally ruptured, and needs to be surgically repaired. Sorry, I forgot that I will have to spell it out for them.

Share this post


Link to post
Share on other sites

Hey Bufloguy, I have the anterior talofibular ligaments in my left and right ankle gone, I get 20% for each because of limited motion,not any for the ligament ruptured, when you get the surgery make sure and file for temp 100% rating. I just had the surgery to fix it on the 9 of april. I hope that might tell you something about how the rating works.

Ken

Share this post


Link to post
Share on other sites

Thanks.

I just filed for service connection for residuals, left ankle sprain secondary to SC bi-latteral plantar fasciitis.

Long story short . . . I was walking down some stairs, and felt a very painful stab of pain in the arch of my foot. To escape the pain, I rolled my ankle blowing out the tendion. To me, it's a really easy connection for the VA to make, but with my luck, it'll take a year for service connection.

Share this post


Link to post
Share on other sites

I also have bi-latteral planter fascitits, I have filled a clam with VA on it being secondary to my ankle and heel problems, I have heel spurs and problems with my Achilles tendons on both feet, my orthopedic surgeon stated that in his report on me to the VA. With the VA you have to have the Doc make it in writing for them, or they do not believe you, I hope it works out for you o n your clam.

KEN

Share this post


Link to post
Share on other sites

Yes-they have to connect the dots carefully-

I just came from my foot doc who took casts on my feet-I have bilateral planter whathaveyou- and it affects my knees and my back.

He did something 2 weeks ago to my ethonic shoes and I was able to dance for hours last week- but I needed knee brace to use my chain saw and to fix a small leak in my porch overhang-Unfortunately Medicare and CHAMPVA dont cover my foot issues and I have to pay for this myself-

I have seen a few 100% ratings for SC flat feet , causing knee prolems, and then hip and back problems to point the vet was unemployable.

You would think Medicare would handle these problems-as the VA does- because people with foot problems like this can easily fall and cause further problems.

They say one third of all elderly Americans over 65 fall every year.

I just got a CHAMPVA newletter and there is info in it as to how to prevent falls-

yet neither CHAMPVA nor Medicare covers stuff like custom insoles which are costing me 500-600 bucks.

(They better be made out of solid gold for that price)

Edited by Berta

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now