Forthcoming C&p X Outcome Of Ankle&foot Claim

[tk3000]

Hello Folks,

Afater a long time span I finally received the outcome of my claim that was filed in February 2009 for the "left foot condition" and "left ankle condition", both secondary to my left leg condition. For my dismay the two separate conditions for what I had two separate C&P exams and two separate diagnoses/prognosis given by the C&P examiner wherein the C&P examiner clearly stated that "left ankle => strain and pain" and the "left foot => strain and pain" the VA simply decided on its "Reasoning for the Decision" to turn both conditions into a single condition and distort its own C&P examiner conclusion stating the following: "left ankle sprain with left too pain" and then given me a rating of 10% for both conditions rather than rating each one individually. It seems that clearly that the rater overlooked the evidence and the C&P examiner findings. I am planing to request a review (an appeal would take too long) on the grounds that there is a clear and unmistakable error. Does that sound a good approach to such issue? To make things worse that 10% did not change my general rating (still 40%) given the VA's formula to calc. it.

Thanks,

tk3000

[carlie]

tk,

What is it that you are wanting ?

10 % for strain and a separate 10 % for pain ?

carlie

[LarryJ]

tk,

What is it that you are wanting ?

10 % for strain and a separate 10 % for pain ?

carlie

No, Carlie, he wishes a different rating between his Ankle and his Foot. He has two differential diagnosis, and the rater lumped them together (or, actually ignored, one of the diagnosis).

[Berta]

No diagnostic code- odd---I see your point- and I even see that the evidence clearly shows the impact to your schooling and obviously would impact on any future employment-

The Reconsideration Request might go a little faster than the NOD but watch out for the year NOD time clock-they can ignore Reconsideration Requests-hoping we will miss the NOD filing deadline.

It should draw them out to send you a response at some point.

Have you searched the BVA web site for how they rated similiar disabilities?

The 10% seems way too low-

The fact they gave no diagnostic codes (unusual) opens the door to tell them what code they should have rated you under.

[carlie]

tk,

One of the things the 800 # can usually provide correctly is the

Diagnostic Code numbers a claimant is rated under.

It's worth a shot.

carlie

[Pete53]

A CUE Claim is like an avocado. Most of the time you buy and avocado and it is not ripe. You have to wait till it is soft and if its a HASS turned black.

The CUE is not ripe till you have a final decision. You don't particularly want to tip the VA off but you should mention the facts and where the VA got it wrong in your appeal.

Just my opinion

[tk3000]

tk,

I throughly expect Berta, and others, to chime in here, but, in the meantime, it seems to me that you are following a reasonable train of thought.

I agree, the two problems, one with the ankle, the other with the foot, are and have been diagnosed as, two seperate entities, with two seperate diagnosis's.

And, yes, as such they should be "rated" individually.

Now, lose the "cue" references in your "statement", insert, instead, "NOD's", retaining the self-same rationale.

However, I am not the resident expert as to "pyramiding", etc., or in the use of the VA's common practice where it concerns the highest of two possible ratings concerning the same physiological function, the same "body part".

Thereby, I await more studied opinions and would advise you to do the same.

Larry,

I wrote that paper before my exchange with the forum participants and the clarification about such aspect of the CUE (that simply does not apply to my case once it is still subject of appeals). Yep, I will lose the "cue" references" and insert "NODS" instead retaining the same rational. I will rewrite it soon and I will then will post a new version, but it is going to be almost the same basic rational and argument.

thx!