Question About Rating Code

[sbrewer]

As some of you know my husband filed 1151 claim for toe surgery and won it. They awared 0% for hammer toe however, we fell like even though- yes he does now have a hammer toe from the surgery, the toe also does not bend at the middle joint, so could this fall under this category....

5283 Tarsal, or metatarsal bones, malunion of, or nonunion of:

Severe........................................................ 30

Moderately severe............................................. 20

Moderate...................................................... 10

Note: With actual loss of use of the foot, rate 40 percent.

If so, can we fight the current decision to try to have it changed to the above category?

Thanks,

sbrewer

[Berta]

With clear cut medical evidence that would warrant a higher rating, he certainly could appeal this decision.

I again state that I dont recommend doing what I did- winning a case under Section 1151 and FTCA---- without an IMO. It was very difficult for the VA to accept my diagnoses as I am not a doctor.

But I proved those diagnoses and the VA CO medical team in DC agreed. I was relentless on my evidence and forced them to read it. I had to medically knock down many of their "experts" who went against the claim. This is what a Sec 1151 claimant is forced to do if they dont get an IMO.

A claimant is in a much better position (unless you like to study medicine or have a medical background) by getting an independent medical opinion instead of trying to proof a medical point themselves in 1151 claims.

[sbrewer]

Thanks Berta. I looked at the picture of the foot wrong. The metatarsal bones are in the top of the foot. I thought it was the bottom joint of the toe.

sbrewer