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Question For The Hadit Family


ssgjmpi

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Hello all,

In Oct. 2003 I filed a substantive appeal for evaluation of residuals, left ankle sprain currently 10 percent disabling, to increase to 20 percent. Also, I filed in that same appeal for evaluation of residuals, fracture of right talus, currently 10 percent disabling, to increase to 20 percent. In April 2006 they increase the evaluations for both ankles to 20 percent each, what was what I claimed. The RO stated " since a 20 percent evaluation has been granted, this decision constitutes a complete grant of benefits sought on appeal". Not knowing about the rating schedules or hadit at that time, I've read the decision and the ROM Test listed under my increase to 20 percent for both ankles and compared them to the rating schedules and this makes me wonder if I could have received 30 percent for diagnostic code 5270. Listed below is the (exact wording) of my decision.

Evaluation or residuals, left ankle sprain currently evaluated as 10 percent disabling. We have increased the evaluation of residuals, left ankle sprain, effective September 17, 2002, the date we received your original claim, based on the VA examination which revealed findings of marked limited motion of the ankle. Range of motion testing shows dorsiflexion is 5 degrees, plantar flexion is 30 degrees, and inversion and eversion is 5 degrees. No pain on motion was noted. Physical examination revealed findings of tenderness at the lateral malleolus. There is no evidence of weakened flexion or weakness, lack of endurance, or loss of coordination with repetitive movement. An evaluation of 20 percent is assigned for marked limited motion of the ankle.

Evaluation of residual, fracture of right talus currently evaluated as 10 percent disabling. We have increased the evaluation of residuals, left ankle sprain, effective September 17, 2002, the date we received your original claim, based on the VA examination which revealed findings of marked limited motion of the ankle. Range of motion testing shows dorsiflexion is 5 degrees, plantar flexion is 30 degrees, and inversion and eversion is 5 degrees. No pain on motion was noted. Physical examination revealed findings of tenderness at the lateral malleolus. There is no evidence of weakened flexion or weakness, lack of endurance, or loss of coordination with repetitive movement. An evaluation of 20 percent is assigned for marked limited motion of the ankle.

My question is; could the range of motion (ROM) fall under the diagnostic code: ?

5270 Ankle, ankylosis of:

In plantar flexion, between 30° and 40°, or in dorsiflexion, between 0° and 10°

Please advise, with direction.

Thanks in-advance

SSGJMPI

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