Rating Decision

[Dale Jr. 8]

I received my rating decision in the mail yesterday. I had applied for 1. Service connection for depression as secondary to my lumbar strain. 2. service conn for rt. ankle strain secondary to lt. ankle strain with residuals. 3.Reeval for lumbar strain. 4.Reeval of lt. ankle sprain. 5. SC for sciatica secondary to lumbar strain with DDD and 2 ruptured discs and 1 bulging discs. 6. Entitlement to I/U. I received 1. 10% for the depression. 2. SC and 0% for the rt. ankle. 3. Lumbar strain stayed at 20% 4 Lt. ankle sprain stayed at 10%. 5 SC for sciatica was denied. 6. I/U was denied. I started out with 505 and now have 60%. My questions are as follows. 1. The rt. ankle has the same ROM as the lt. ankle which is rated at 10%. All info on the rt. ankle in the dceision is the same as the lt. ankle. Should I appeal this? 2. the ROM on the lumbar strain went from a combined ROM of 165 to 135. The forward flexion was 60 deg and now it is 30 deg. The way I read the rating laws a forward flexion of 30 deg or less grants a 40 % and anything more than 30 deg but not more than 60 deg. Should I appeal this? 3. SC for Sciatica. The decision states the exam revealed no signs of intervertebral disc syndrome with chronic and permanent nerve root involvement. The exam lasted only for 10 mins for all items except the depression. That was a seperate exam. Should this be appealed. And lastly The I/U was denied. In Aug of 05 I was awarded Soc. Sec. disability for depression and lower back problems all SC conditions. That was the only things that were listed on the law judges decision. Should I appeal the I/U decision. I currently have 1 SC at 30% and a combined of 60% I believe I should have 1 SC at 40% the lower back and a combined of 70% Either way shouldn't the VA have sent this for extra-shedular consideration based on the Soc. Sec. decision that was submitted to them before this rating decision?. I have an appt with my local NC division of veteran affairs office this week coming up. I am afraid that they will not have the answers. They seem to only be good for filing the paperwork and forwarding any evidence to the VA. Sorry this is a lengthy post but I tried to include all the info that I had. Thanks in advance for the answers to all these questions. Dalejr 83

[Dale Jr. 8]

luv Him,

The ROM's were clear in the reasons for decision. Fwd flexion 30 deg. ext 5 deg. rt&lt lateral flexion 20 deg rt&lt rotation to 30 deg. combined ROM 135. Pain was discussed. It said that "when you felt pain you stopped range of motion" The truth of the matter was that I could no longer move, I didn't stop. Thanks for the info DJ 8 :)