Ambiguous Diagnostic Code (7005 And 7007)

[Guest Morgan]

AMBIGUOUS DIAGNOSTIC CODE RESOLVED IN FAVOR OF VETERAN

§ Where the rating criteria in a diagnostic code ("DC") are ambiguous, the interpretative doubt must be resolved in favor of the veteran. Otero-Castro v. Principi, 16 Vet. App. 375, 382 (2002) (The Court found that Diagnostic Codes 7005 and 7007 were ambiguous when deciding whether or not a veteran should be granted a rating of 60% based on "a separate showing of left ventricular dysfunction in addition to an ejection fraction of 30% through 50%.").

Edited February 5, 2006 by Morgan