My knee disability had been rated un diagnostic 5260 limitation of flexion which gave me a 20% disability rating. When I asked for an increase in disability, the C&P doctor stated my limitation of extension was 20 degrees which would give me a 30% disability rating. When I responded to the SSOC in June, I told the VA they failed to give me a reasonable explaination why DC 5261 did not apply as the law requires. In August I received a IRIS reply stating my claim was in administrative procedures so a correct decision could be made. On October 5 I was told my case was being prepared for a BVA hearing and I should received it before April. I sent 3 e-mails to the Director of the Waco Regional Office with no response so I forwarded the e-mails to Washington DC. The person in Washington DC contacted the Director in Waco and told her how upset and angry I was because of the lack of response. On December 16th she e-mailed me and stated all my inquires was being forwarded to the appeals team. I wanted to ask her what the inquires have been doing just laying around for the last 8 months. The person on the 1-800 number informed me the other day that my claim has been sent back to a rating specialist to be reviewed as of Janurary 27th. So my question is when two diagnostic code can be used to rate a disability are the VA required to use the higher granting code? By the way if I don't get a clear answer to why DC 5261 is not used instead of DC 5260 I am going right back to Washington DC and ask them.
This is really something to put the people through who are obligated to protect the country.
Question
nanaeris
My knee disability had been rated un diagnostic 5260 limitation of flexion which gave me a 20% disability rating. When I asked for an increase in disability, the C&P doctor stated my limitation of extension was 20 degrees which would give me a 30% disability rating. When I responded to the SSOC in June, I told the VA they failed to give me a reasonable explaination why DC 5261 did not apply as the law requires. In August I received a IRIS reply stating my claim was in administrative procedures so a correct decision could be made. On October 5 I was told my case was being prepared for a BVA hearing and I should received it before April. I sent 3 e-mails to the Director of the Waco Regional Office with no response so I forwarded the e-mails to Washington DC. The person in Washington DC contacted the Director in Waco and told her how upset and angry I was because of the lack of response. On December 16th she e-mailed me and stated all my inquires was being forwarded to the appeals team. I wanted to ask her what the inquires have been doing just laying around for the last 8 months. The person on the 1-800 number informed me the other day that my claim has been sent back to a rating specialist to be reviewed as of Janurary 27th. So my question is when two diagnostic code can be used to rate a disability are the VA required to use the higher granting code? By the way if I don't get a clear answer to why DC 5261 is not used instead of DC 5260 I am going right back to Washington DC and ask them.
This is really something to put the people through who are obligated to protect the country.
Link to comment
Share on other sites
Top Posters For This Question
2
2
2
1
Popular Days
Mar 3
2
Jun 16
2
Mar 10
2
Mar 1
1
Top Posters For This Question
nanaeris 2 posts
cooter 2 posts
WYnWn 2 posts
Berta 1 post
Popular Days
Mar 3 2011
2 posts
Jun 16 2012
2 posts
Mar 10 2012
2 posts
Mar 1 2011
1 post
10 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now