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Compensation X Rating Decision X Other Disability


tk3000

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During my third compensation exam for my left leg condition it was decided that my rating remains the same (30%). I have a leg that goes from my knee down to my ankle with pins, screws, etc. Chronic pain with flare ups, difficult of mobility, flexibility, etc. 30% seems very unfair (for what I am going to appeal. I attached an except (as an image file) of the "Reason for Decision" that inform the reason/code:

It can be noticed that the so called "Reason for Decision" also mentions my ankle disability for what my Compensation and Pension Examiner clearly identified, stated, and wrote on her report as another disability that was not known then and therefore should have a proper rating of its own: the pain issue in my left ankle. But the rater simply included the ankle issue as part of my left knee disability (which was always centered on my knee cap and region close to knee cap for the most part). When I called the Regional Office they told me that I should file a new claim for my left ankle. But my question is: "if the left ankle is somewhat included into my general left leg disability (even though it does not receive any rating), 'wouldn't there be some conflict?'" And how should I proceed in such case. Thanks a lot for any enlightment.

tk3000

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  • HadIt.com Elder

I know that Ankles are rated differently, and I currently have an appeal on mine so my guess is that it can't hurt to file a separate claim for the ankle. As you say it might be worth it to check out the codes linked on this website before you file.

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I know that Ankles are rated differently, and I currently have an appeal on mine so my guess is that it can't hurt to file a separate claim for the ankle. As you say it might be worth it to check out the codes linked on this website before you file.

When on the "Reasons for Decision" it states the following: "An evaluation of 30% is granted whenever there is malunion of the tibia and fibula with marked knee or ankle disability". Does not that mean by the statement itself -- considering the semantics, morphology and logic of the language -- that it implies in an implicit and explicit way within the argument of the statement by the form it is purported and defined that "OR" means one or another, or both separelty and independetly (it is not AND but and OR); thus in the case of both being presented each one should receive 30% (Not that I agree with a rating of 30% for the knee condition, but just analysing the statement itself it seems to be the case).

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