Trying To Find Out Were My Diasbilty Fall In

[jecsb4]

Hi All,

I am trying to find out if one of my foot / feet conditions fall in the CFR. I can't find a seperate reference for this problem.

I have looked at the CFR's for this but can't find it: bilateral posterior tibial tendon dysfunction. It makes walking and standing a real pain in the Arse, I mean feet and lower back.

I have this problem in both of my feet and it doesn't seem to be coverd by the flat feet (pes planus) section. I have been diagonsed by a VA and civilain Podiatrist for this condition as being severe.

The only code I can find is FEET INJURY OTHER. I am rated 30% for flat feet w/ plantar fasciitis so would this FEET INJURY OTHER help me or just be another bilateral condition that doesn't help because of my SC bilateral hammertoes and bunions?

Thank you for your assistance!

[Berta]

I found one reference to this condition at the BVA-obviously they can award 10% but if there is medical evidence of back or hips problems etc- they could apparently award more as secondary.

From:http://www.va.gov/vetapp04/files/0406917.txt

"The criteria for an initial rating in excess of 10

percent for bilateral flat foot deformities secondary to

bilateral posterior tibial tendon dysfunction with hallux

valgus bilateral great toes have not been met. 38 U.S.C.A.

§§ 1155, 5103, 5103A, 5107 (West 2002); 38 C.F.R. §§ 3.321,

4.1- 4.14, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5276

(2002); 66 Fed. Reg. 45,620, 45,630-32 (Aug. 29, 2001)

(codified as amended at 38 C.F.R. § 3.159); DeLuca v. Brown,

8 Vet. App. 202, 204-7 (1995); Fenderson v. West, 12 Vet"

[luvHIM]

I think RO would look at it as being an anatomical region already rated. However, I have filed a claim for the same thing but requested the maximum rating of 50% due to bilateral and continued aggravation to lower back (lumbosacral strain condition).

But, if you check under Schedule of Ratings - muscle injuries at The foot and leg DC 5310-5311 there is some wording that may be suggestive of your current "dysfunction." Thing is, it is only rated at maximum 30%. If I were you, I would shoot for an increase from the 30% to the 50% under what you are already rated under DC 5276 and see if I get the maximum there.

Maybe someone else has something better to add. Best regards.

[john999]

Is it possible that you could prove a foot condition that affects your gait could also cause back problems as well. I have this problem.

[jecsb4]

Is it possible that you could prove a foot condition that affects your gait could also cause back problems as well. I have this problem.

Thank you all for your help.

I do have service connected lower back issues which is secondary to the feet disablity which is caused to some extent by an abnormal gait (2ndary to feet)diagonsed by VA and civilain podiatrists.

Dealing with the VA with my feet disability has been a real pain in the feet! My first claimed was denied as not service connected. My NOD from that decision resulted in 0% SC. I then asked for another review by the RO which resulted 30%. So I challanged that decision and the VA sent me to a private doctor for my 2nd C&P that is not even a podiatrist even thought I have multiples of VA foot dr / civilain doctor evidence.

If they had just given me what the proper award should have been (once service connection had been determined) thhey would have saved a lot on labor hours on this entire mess.

I believe several people at Hadit have said that the VA does this in the hope that the Vet and or family /dependent of the Vet accepts the denial for any SC% or accepts the first low ball.

One thing about all of my issues are you really can't fake these problems if any one ws so inclinded to do.

My feet / ankles are in bad shape. It just dumbfounds me that they seem to disreguard the VA fot doc's findings!