Forthcoming C&p X Outcome Of Ankle&foot Claim

[tk3000]

Hello Folks,

Afater a long time span I finally received the outcome of my claim that was filed in February 2009 for the "left foot condition" and "left ankle condition", both secondary to my left leg condition. For my dismay the two separate conditions for what I had two separate C&P exams and two separate diagnoses/prognosis given by the C&P examiner wherein the C&P examiner clearly stated that "left ankle => strain and pain" and the "left foot => strain and pain" the VA simply decided on its "Reasoning for the Decision" to turn both conditions into a single condition and distort its own C&P examiner conclusion stating the following: "left ankle sprain with left too pain" and then given me a rating of 10% for both conditions rather than rating each one individually. It seems that clearly that the rater overlooked the evidence and the C&P examiner findings. I am planing to request a review (an appeal would take too long) on the grounds that there is a clear and unmistakable error. Does that sound a good approach to such issue? To make things worse that 10% did not change my general rating (still 40%) given the VA's formula to calc. it.

Thanks,

tk3000

[tk3000]

tk,

What is it that you are wanting ?

10 % for strain and a separate 10 % for pain ?

carlie

Carlie,

Exactly what Larry pointed out. There are two different conditions, so the rater should have applied two different ratings for each one of them. The rater simply distorted the cause, symptoms and effects of the diagnoses and medical opinions, maybe the rater just skimmed through the C&P report and made his/her own assumptions disregarding the medical diagnoses and opinions.

tk

[Commander Bob]

Hello Folks,

.... for the "left foot condition" and "left ankle condition", both secondary to my left leg condition.

Has the word "lower left extremity" been used by the VA rater?

[tk3000]

No diagnostic code- odd---I see your point- and I even see that the evidence clearly shows the impact to your schooling and obviously would impact on any future employment-

The Reconsideration Request might go a little faster than the NOD but watch out for the year NOD time clock-they can ignore Reconsideration Requests-hoping we will miss the NOD filing deadline.

It should draw them out to send you a response at some point.

Have you searched the BVA web site for how they rated similiar disabilities?

The 10% seems way too low-

The fact they gave no diagnostic codes (unusual) opens the door to tell them what code they should have rated you under.

Yeah, it is odd, but it is not the first time that they do not provide any diagnostic code (they did not provide any diagnostic code for my gerd condition either and back then their decision also was completely inconsistent with medical evidence and even with the C&P Exam. findings and diagnoses).

Some time ago I did some research on the BVA website (not a very thorough research) and looked into some cases there. And the VA seems to have different ratings and criteria for the Foot and Ankle and different guidelines on how to rate each one of them. For instance, on occasion of my C&P I filled up two different form with different questions (one for the Ankle and another one for the Foot), and my C&P was divided in two sessions (one dedicated to the Foot and another one dedicated to the Ankle).

I agree that the rating is way too low, but time is on VA's side (they can peruse it). The main point here is that they (raters) even ignored and disregarded VA's own C&P Examiner findings, diagnoses, and opinions. I will try to contact my congressman office to see if they can help in solving such issue given such an incoherent and disconnected decision.

[tk3000]

tk,

One of the things the 800 # can usually provide correctly is the

Diagnostic Code numbers a claimant is rated under.

It's worth a shot.

carlie

Thanks, Carlie, I will call them and inquire about the code tomorrow.

[tk3000]

A CUE Claim is like an avocado. Most of the time you buy and avocado and it is not ripe. You have to wait till it is soft and if its a HASS turned black.

The CUE is not ripe till you have a final decision. You don't particularly want to tip the VA off but you should mention the facts and where the VA got it wrong in your appeal.

Just my opinion

Yep, you are right, I got the idea. The document I that made available here is going to undergo some changes (specifically changes in its wording, eliminating any reference or allusion to CUEs). Thx!

[tk3000]

Has the word "lower left extremity" been used by the VA rater?

Such expression was never used. The rater clearly made a distinction of the two different conditions as separate and individual entities with their respective causes, symptoms, and effects.