Ankle Instability

[CAVMSG]

I am trying to get all my facts straight before I send my request for a reconsideration on some of my SC 0% items. I have scoured the rating schedule and cannot seem to find anything on ankle instability. My original claim was for "R ankle DJD with instability, I was rated for "degenerative changes of R ankle". My problem is not so much that it hurts all the time, or that I have limited ROM, it is because I roll my ankle constantly (2 to 3 times per month), I can even get a slight sprain when taking my shoe off.

Thanks in advance for your assistance.

CAVMSG

[CAVMSG]

Thanks all, I have an appt with Ortho on the 6th and will certainly bring up a few more points as well as getting copies of chart notes. I have seen in other posts where when there was nothing exactly matching in the CFR, that they would use the closest disability code (funny how the knee has a specific code for instability).

5257 Knee, other impairment of:

Recurrent subluxation or lateral instability:

Severe 30

Moderate 20

Slight 10

I will put all the information I can find in a neat little package for the reconsideration and hope for the best.

CAVMSG

[Berta]

GREAT- there is nothing like being PROACTIVE !

A vet can choose to get angry over a decision or they can turn that anger into action-by getting those ducks in a row.

(and arming the ducks with medical evidence)

[cowgirl]

CAVMSG, did you start your reconsideration for increase yet? After the VAs new rating for me, I put my reconsideration in with a simple statement to get the ball rolling, then a few weeks later submitted a newer medical diagnosis to back it up. Less than a week after I put in simple statement for reconsideration, I recieved 'first' automatic 'we have your claim' letter. THen two weeks later got the 'we have recieved your NOD for ......and ....' letter, no VCAA data yet. Means they officially recieved it and is in the system. Should hear something soon.

Best to ya, cg

Thanks all, I have an appt with Ortho on the 6th and will certainly bring up a few more points as well as getting copies of chart notes. I have seen in other posts where when there was nothing exactly matching in the CFR, that they would use the closest disability code (funny how the knee has a specific code for instability).

5257 Knee, other impairment of:

Recurrent subluxation or lateral instability:

Severe 30

Moderate 20

Slight 10

I will put all the information I can find in a neat little package for the reconsideration and hope for the best.

CAVMSG

Edited February 5, 2008 by cowgirl

[CAVMSG]

Cowgirl,

Maybe I am confused (which is very possible these days) you did a request for reconsideration ("second bite at the apple" (I read this somewhere as an analogy to a reconsideration and though it a good one))and at the same time put in a NOD? To me this would be like expecting the reconsideration to not come back in your favor? What happens if the reconsideration works out well for you, do you then just drop the NOD?

Sounds like an excellent plan, can you elaborate on my ?'s.

Thanks

CAVMSG

[Dale Jr. 8]

CAVMSG,

You always file for a NOD after a reconsideration request because if they take over 1 year to decide your recon. then you will lose your filing date without the NOD. If you lose your original filing date then all backpay will be lost and you would have to start with a new claim. The VA doesn't recognize a reconsideration request as an NOD. I have read of several people on here who didn't file a NOD and were denied their recon request(that VA took over a year to decide)and then lost their filing date because they didn't get their NOD in before theyear to file the NOD was up. DJ8

[Berta]

This cannot be stressed here enough-

I just rattled off CUES I had claimed that were resolved within short periods of time-in another post here

BUT my CUE claims of 2004, which I filed Reconsideration requests on- were in process (per the 800# rep) for many months

yet the NOD date was growing close-

(they knew this too so they probaby hoped the year NOD would run out)

so I filed NOD in time (my POA lost it but the VARO got it)

and then I got a DRO review request form for these CUE claims.

If I had not sent the NOD within the year I would have lost my appellate rights on claims I had done considerable work on (and which VA case law -which I sent also -fully supports) These CUES could involve considerable retro.

I was reading the adjudicators manual the other day (M21-1MR) and saw where -if any claim has considerable retro potential they write or stamp potential large retro in the c file cover)

Maybe these are the claims that get the least attention.

Edited February 6, 2008 by Berta