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

[tk3000]

Thanks a lot for all the responses and insights. I will also be contacting my congressmen office trying to solve such issue (without going through a prolonged appeal process) and the IRIS web inquire system. I am going to be posting a new version of the document once I am done with the corrections and modifications.

[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

FOOT_ANKLE_CLAIM_TO_BE_POSTED_FORUM.pdf

[Berta]

GREAT touch- throwing in DeLuca!

Do you have the support of a vet rep on this?

COngresscritters cannot really help much-with claims-their inquiry will hold the claim up-

You prepared this very well-

I hope you saved the Dockets to those BVA decisions you found.

While a BVA decision regarding another vet's claim is usually never considered by VA - any legal statements in a BVA decision as to ratings etc can be raised with the BVA decision to support your point.

I use them sometimes but as icing on the cake.and only if the BVA refers to and interprets a reg or diagnostic code in a legal sense that would be applicable to any similiarly situated veteran.

[tk3000]

GREAT touch- throwing in DeLuca!

Do you have the support of a vet rep on this?

COngresscritters cannot really help much-with claims-their inquiry will hold the claim up-

You prepared this very well-

I hope you saved the Dockets to those BVA decisions you found.

While a BVA decision regarding another vet's claim is usually never considered by VA - any legal statements in a BVA decision as to ratings etc can be raised with the BVA decision to support your point.

I use them sometimes but as icing on the cake.and only if the BVA refers to and interprets a reg or diagnostic code in a legal sense that would be applicable to any similiarly situated veteran.

Thanks for your kind words! Sorry about the delay in my response.

I am not working with a VSO on this, I am pretty much on my own; in my experience VSOs do not go to any extent in preparing documents, etc, for vets beyond a very basic, simple, and crude paragraph indicating that the Vet does not agree for X and Y reasons. I got the dockets and other documents mentioning DeLuca; actually I have used DeLuca before in the appeal for my "Left Leg Condition" in which case I had to appeal since I had new post facto evidence thus the appeal would be only route (not a request of reconsideration in such case if there is even such thing). It is really an aberration that such a simple legal-administrative procedure such as the VA appeals (especially the so called De Novo Review) take such a long time. And if we consider the systemic failure of the VA as a rating agency to even perform its most basic and elementary duty of observing the material evidence on occasion of the rating decision…, all in all it really is a horrendous and insane situation.