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Va Beat Me Down, Time To Limp Away And Move On

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JHawks

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Thanks you to everyone for their support and ideas. The time has come to stop the addiction to the forums. My review claim was denied when I know it should have been approved. Good Grief, it should have been a no brainer. I have been prescribed a brace to support a malunion of my tib-fib on a SC ankle. I had all the medical records to support the claim. They say my ankle is stable enough not to need a brace even though it was prescribed by both a pediotrist and Ortho Dr. I don't have it in me to file an appeal and let this drag on for years and years. They beat me down and I need to limp away before I go nuts. Thanks everyone.

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Ok, I have backed off for a few days to get my poop in a group and respond. Thank you all for your encouragement and the slaps on the back of my head in order to get my attention. You have no idea how much I appreciate your blunt and sometimes "in my face" comments. Sometimes we all need to be grabbed and shaken into reality. I asked for reconsideration of my original claim and this is their response to my request for DRO. Here is exactly what the VA stated in my denial letter in part: "The diagnosis is status post trimalleolar fracture, left ankle, with post traumatic arthritis with distal tibular deformity." The evaluation of status post trimalleolar fracture, left ankle, with post traumatic arthritis with distal tibular deformity is continued as 30 percent disabling. (38 CFR 3.321 (a); 38 The current 30 percent evaluation is based on malunion of the tibia and fibula with marked knee or ankle disability. A higher evaluation of 40 percent is not warranted unless a brace is required because of nonunion and loose motion" I looked at the rating schedule and under diagnostic code 5262 it states : "Tibia and fibula, impairment of: Malunion of: With marked knee or ankle disability ------------30% It looks to me they didn't rate me for the listed post traumatic arthritis, post trimalleolar fracture and distal tibular deformity were not part of the 30% for the Malunion with marked knee or ankle disability. Botton line is they continued my 30% rating on my left ankle.

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Another point I forgot to mention. I am required to wear a custom made brace for my ankle (Arizona Brace) and use a cane due to the malunion. I understand that malunion is not a nonunion as described in diagnostic code 5262.

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Hawk

Most all of us have been where you are. I would venture a guess that less than 5% of Veterans get their full benefits from the RO on the first time without an appeal. If you are a Vet, and you got your full benefits on your first RO decision, please dont overwhelm my email with messages, either one of you.

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  • HadIt.com Elder

Bronco is right about VA low b all decision but ask this question instead. How many appealed first decision and got a higher rating? Look at it this way the most important thing you can do is get service connected. From than on its the evidence that wins claims.

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Would this be a good idea to try or am I beating a dead horse? Obviously the VA did not consider the fact I was prescribed a brace for my ankle even though I submitted all the medical records and the prescription itself. Would it be to my advantage to just submit a new claim based on just the requirements to wear the brace and use a cane to walk? Or, am I stuck waiting the 12 months to file a new claim for it?

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In my humble opinion - resend your evidence with a NOD or a request for reconsideration in the existing claim that shows you deserve a higher disability than you are rated at, and send it certified mail return receipt, or hand carry it to the RO and ask for your copy to be date stamped at the time they receive their copy.

Forum members, please tell me if I am wrong~

Baby steps may be small, but they get you there if the evidence warrants it.

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