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Bilateral Pes Planus


Mr.B

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HI AND MERRY CHRISTMAS!

I have a rating from the VA for bilateral Pes Planus 10%. On my letter states: the evidence warrants an evaluation of 10% code 5276. An evaluation of 10 percent is granted whenever the weight-bearing line is over or medial to the greater to with inward bowing of the tendo achills, and paind deformation and pain on maninpulation and use of the feet.

OK dose the warrant a rating for both feet at 21 percent? Dose this mean each foot is rated 10%? Please let me know.

below is from 38CFR

(a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

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They might have snooked you-

"The examiner noted a minor degree of pes planus bilaterally

with no pain on motion of the Achilles tendon and no change

of the alignment with manipulation of the Achilles tendon.

Some mild degenerative joint disease was indicated on the

right as confirmed by a contemporaneous x-ray study. Thus,

in light of such evidence, the Board notes that the veteran

has not presented clinical data of impairment to the extent

required under the relevant diagnostic code for the next

higher rating of 30 percent for bilateral pes planus. See

supra 38 C.F.R. § 4.71, Diagnostic Code 5276"

I got this from :

http://www.va.gov/vetapp01/files01/0100591.txt

If you feel you do fit into their 30% criteria , I sure would NOD this if I were you.

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