How do multiple ratings work?

[Tomahawk]

So I was initially rated under a "general" foot condition at 30% for an injury I sustained on active duty and have had multiple surgeries on since.   I have since developed flat feet.  My current appeal is claiming flat feet, lower back(degenerative disc disease w/radiculopathy) condition secondary to my leg condition, and to have my CRPS/RSD rated under the appropriate code as a neurological disorder and not a general "foot" condition.

So my question is this.  If I am granted everything I claimed will I have two ratings for my foot/lower leg?  I.e. I am currently rated as the equivalent of the great toe and 2nd/3rd toe being amputated(post-operative w/scarring).  Would I keep that rating as well as being added the % for CRPS/RSD?  They are technically two different issues.  Or will this fall under the clause of only be rated for the greater of the two?

Also if I am awarded the claim for bi-lateral flat feet.  Would they only consider it 1 foot as my SC foot is already covered?  Or again would that stack?

Thanks for any insight.

 

 

[USMC_VET]

I do know that you cant be rated more than 40% for each extremity, so if they do consider them all related to the foot/leg area you wont have more than 40% total for that leg, however the back would be seperate, even though aggravated/caused by the foot it is a seperate body part affected and should not fall under what they call the "umbrella" of the extremity.  As far as the foot goes I believe that they would rate it as unilateral but in your medical records would reflect bilateral.  However what might happen is that they will rate them all individually on your record, but a umbrella rating for (Left or right) lower extremity @ 40% might also show up in your disabilities list and then that 40% + other foot+ back would be what they use for combined ratings.

Im sorry i cant give you a definitive answer, i dont have a plethora of experience with this exact problem.

[Tomahawk]

Thanks for the reply.  It is my understanding that CRPS/RSD is rated under Code 8520 as an analogous neurological condition.  How does the 40% limit work in that regard?  For example I have annotated severe muscular atrophy.  If it is indeed rated under that code it would entitle the 60% rate.  Do they rate it as that and then just cap it at 40%?

[brokensoldier244th]

I would think it would go in the other direction-------> back------ radiculopathy/foot/arthritus. NOt sure about flat foot, though. My rating has my extremities radiculopathy secondary to my lower back/ddd. 

[Tomahawk]

Well I guess it depends on how they do the rating.  I have read BVA decisions where they state that CRPS/RSD is "secondary to" the initial SC disability.  So I supposed if they kept my original I would be eligible for the additional instead of replacement?