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Questions on rating and computing disability percentage

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ScoutLT

Question

Let me provide the basics up front.

1. I appealed a 2009 decision for issues with my feet.  It was remanded by the BVA for development that the VA should have done the first time as i did not have a diagnosis just knew I had problems with my feet. Flash forward, I was scheduled and attended a C&P exam and my feet were rated Moderately Severe for Plantar Fasciitis and degenerative joint disease of the right toe as stated on the DBQ.  

The rater used a description of "Acquired flat feet diagnosed as plantar fasciitis to include right toe degenerative joint disease and granted 10%.  The problem is that under what I perceive to the correct code as identified on the DBQ it should have been under code 5284 other foot issues and rated at 20%?  Am I off my rocker on this?  Does the rater not have the flexibility to rate according to the diagnosis identified in the DBQ?

The second issue is that when they went back to adjust my rating I believe they made a mistake, but not being sure I am asking for input here so I can understand.  

At the date which they backdated this decision for 10% I was rated 60% for one item and 10% for Tinnitus.  Do they just use the base 60% and the rating table to determine 64% no increase? or do they input all of my disabilities into the combined rating table to compute what my rating should have been on that date?  If they use all of my disabilities 60+10+10(new) I would be at 68 and thus rounded up to 70 on that date correct?

Anyway trying to learn the VA two-step and I know there are some folks on here a lot smarter than I am on this stuff.

Any input for my education would be great.

Thanks

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  • HadIt.com Elder

This may help  but I'm sure you have check this out.

§4.57   Static foot deformities.

It is essential to make an initial distinction between bilateral flatfoot as a congenital or as an acquired condition. The congenital condition, with depression of the arch, but no evidence of abnormal callosities, areas of pressure, strain or demonstrable tenderness, is a congenital abnormality which is not compensable or pensionable. In the acquired condition, it is to be remembered that depression of the longitudinal arch, or the degree of depression, is not the essential feature. The attention should be given to anatomical changes, as compared to normal, in the relationship of the foot and leg, particularly to the inward rotation of the superior portion of the os calcis, medial deviation of the insertion of the Achilles tendon, the medial tilting of the upper border of the astragalus. This is an unfavorable mechanical relationship of the parts. A plumb line dropped from the middle of the patella falls inside of the normal point. The forepart of the foot is abducted, and the foot everted. The plantar surface of the foot is painful and shows demonstrable tenderness, and manipulation of the foot produces spasm of the Achilles tendon, peroneal spasm due to adhesion about the peroneal sheaths, and other evidence of pain and limited motion. The symptoms should be apparent without regard to exercise. In severe cases there is gaping of bones on the inner border of the foot, and rigid valgus position with loss of the power of inversion and adduction. Exercise with undeveloped or unbalanced musculature, producing chronic irritation, can be an aggravating factor. In the absence of trauma or other definite evidence of aggravation, service connection is not in order for pes cavus which is a typically congenital or juvenile disease.

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Edited by Buck52
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