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Can you request a different diagnostic code?
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Tomahawk
Is it possible to appeal the diagnostic code used?
In my case, I was granted 30% for CRPS secondary to a post operative foot injury. They rated me under 8599-8521
External popliteal nerve (common peroneal).
8521 Paralysis of:
Complete; foot drop and slight droop of first phalanges of all toes,
cannot dorsiflex the foot, extension (dorsal flexion) of proximal
phalanges of toes lost; abduction of foot lost, adduction weakened;
anesthesia covers entire dorsum of foot and toes............................................... 40
Incomplete:
Severe 30
Moderate............................................................................................................. 20
Mild ................................................................................................................ 10
I believe this is the incorrect diagnostic code because it does not address the atrophy of the muscles below the knee which is what triggered them to reverse their denial before sending the appeal to the BVA. They stated the 1" of atrophy on the calf was enough to separate the CRPS from the SC post operative foot injury.
I believe that they should have rated me under:
Sciatic nerve.
8520 Paralysis of:
Complete; the foot dangles and drops, no active movement possible
of muscles below the knee, flexion of knee weakened or (very
rarely) lost........................................................................................................... 80
Incomplete:
Severe, with marked muscular atrophy.............................................................. 60
Moderately severe ............................................................................................. 40
Moderate............................................................................................................. 20
Mild ................................................................................................................ 10
Which would have granted me 60% and not the 30% due to the marked muscular atrophy of the muscles below the knee.
Is this something I can appeal on? Or is it pretty much whatever they rated it under as it is analogous what I am stuck with?
Secondary question to this. This was one of 5 items on appeal to the BVA. They awarded me this prior to certifying my file to the BVA. At my video hearing I stated I was withdrawing that portion of the appeal. When I called the 800 number prior to my 1 year mark to inquiry as to how I would go about appealing the diagnostic code used they stated I couldn't appeal it until the BVA has finished with the claim. If I am able to request it be reviewed under a different diagnostic code, is there some manner in which I can request a DRO review while my stuff is still with the veterans law judge?
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