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.

[USMC2311]

I submitted my VA Form-9 in mid May 2015 to the VA Pittsburg RO and I received the green USPS card indicating that they received it at their mail room on 26 May 2015, As I continue to review my C-file and C & P exam report, more information is surfacing and I would like to submit a statement in support of claim, is it too late to do this? After getting a copy of my military ankle operation report it indicates that my talus was fractured and displaced in addition to the tibia and fibula fracture. I am certain that my C-File, SMR and Operation Report was never reviewed by the C & P Examiner, he even stated at the beginning of the exam that he did not have a copy of my records for review which I addressed in my NOD and Form-9. I also found out after doing some online searching that my C & P Examiner is a specialist in Obstetrics and Gynecology, what the heck! Okay getting back to the talus fracture and displacement; on my C & P Exam report there is a part that questions past and present impairment of the talus, well since the doctor did not have my C-file or any other records for review he checked this part as a NO. I would like to address this in a statement in support of claim which ties directly into my disagreement of my ankle DX code.

Please advise.

[Fat]

"NEVER GIVE UP"