Ankle Contention Going To Bva

[USMC2311]

I thought I would provide an update.

A SOC to my NOD was issued on 20 April 2015. The (2) two contentions that I filed with the NOD where denied an increase (Shoulder-20% and Ankle-10% already service connected). After receiving and reviewing the SOC and all evidence I have submitted since filing my NOD back in June 2014 and the recently received Service Medical Record ankle operation report, dated Nov 1983, I decided that it would be best to fight for the contention that I had the most evidence, which was my ankle. My SMR ankle operation report provides a diagnosis of trimalleolar ankle fracture. In 1983 I fractured my fibula and tibia and my talus was fractured and displaced resulting in two screws fixing the fibula and two scars on both ankles. I don’t believe the ankle operation report was ever in the VA possession. The reason why I say this is because after recently reviewing my C-File I notice where the VA doctors placed at least two request for a copy of my SMR, this happened prior to each time I had a C&P exam back in 1989 and 1998 during increases to my service connected disabilities and it appears that my SMR was never received or included into my C-File. I recently requested a copy of my SMR from the NRA, but only received my ankle operation report which happened to be what I like to believe the smoking gun in regard to my appeal. Thankfully when I filed my NOD I indicated that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. When I received my SOC again I indicated on my VA Form-9 that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. Two weeks ago I mailed my VA Form-9 to appeal to the BVA along with a copy of my SMR ankle operation report which I don’t believe was ever considered. I am hoping that the SMR ankle operation report sheds light on a more accurate picture of my ankle disability, and that I receive the proper code and higher rating.

[Navy04]

Sorry to hear of your issues bud. Good luck and keep us posted

[Buck52]

Its a dame shame you can't get this solved at the RO Level....just another tact the VA USES TO PROLONG A VETERAN CLAIM

Keep up the fight! you will win this.

................Buck

[FormerMember]

The NPRC (National Personnel Records Center -the one with no smoke detectors or sprinkler systems) has three filing areas most Vets are unaware of. Sick call records (outpatient) are located in one area and what you most often get when you ask for your SMRs (or STRs now in the current vernacular). However, there are separate files for your military records and another for inpatient medical where you were in a hospital for a surgery. These are also in separate buildings. When you ask for your records from NPRC, it behooves you to ask for all of them. Govt. employees tend to take the path of least resistance and send you the bare minimum they can get away with-including sending it to the VA when requested. This may be why you got short-sheeted back in the 80s.

I've had to write to Landstuhl Hospital to get some stuff on one Vet whose inpatient stuff was never forwarded to the NPRC after he separated in 1972. There it sat until we queried them. One thing you'll never find are other govt. agency records at the NPRC like this one.

[Fat]

USMC2311, are you including the information with your form 9?

[Gastone]

What did original denial and SOC give as reason for Denial? All I know is the Toe Bone is connected to the Nose Bone. With Joints, Everything seems to get down to verifiable Range of Motion and how your SC affects your disability picture. If you get a moment, take me to ankle school.

Semper Fi

Gastone

[USMC2311]

Fat, Yes the above information was included in my submission with the form-9.

Gastone, Here is the REASON and BASES for my ankle, word for word copy and pasted from my SOC, thanks for asking“

3. Evaluation, residuals, fracture, right ankle with surgical scar rated as 10 percent disabling.

In determining evaluations for disability of the ankle, consideration will be given to whether or not the ankle joint is ankylosed (frozen), and, if so, whether the ankle is frozen in a favorable or unfavorable position. If ankylosis is not present, consideration will be given to limitation of motion, deformity, and the degree of impairment of gait, weight-bearing and/or other impaired function of the ankle joint

In relation to your claim, a VA-contracted examination was conducted on March 23, 2013 which confirmed painful, limited motion on plantar flexion to 40 degrees. On repetitive motion testing, there was no further functional loss.

Based on examination results, VA Rating Decision dated August 7, 2013 confirmed and continued the previously assigned 10 percent evaluation.

You submitted a notice of disagreement to this decision which was received on June 14, 20 14. Additional medical evidence dated September 2014 submitted in support of your claim included range of motion findings indicating you were able to achieve plantar flexion to 30 degrees, with dorsiflexion to 10 degrees.

Upon de novo review, the 10 percent evaluation assigned for residuals, right ankle, with surgical scar is confirmed and continued. A 10 percent evaluation is assigned for moderate limitation of motion. A higher evaluation of 20 percent is not warranted for limitation of motion of the ankle unless there is marked limitation of motion (less than l 0 degrees plantar flexion or less than 5 degrees dorsiflexion).

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I am contending that my ankle disability be coded (5262) and rated correct, as my Nov 1983 SMR ankle operation report indicates (trimalleolar ankle fracture = fibula and tibia fracture and talus displcement and fracture). Since filing the NOD I have submitted additonal evidence from private doctor appointments in support of the severity of my ankle and in addition submitted with my form-9 a copy of my SMR ankle operation report would should support a more acurate picture of my ankle disability.