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How Difficult Is It To Get A Zero Percent Rating?


rdawg

Question

I had a broken fifth toe in service (1989) and was wondering how difficult it would be to get a 0 percent rating for this. Would I need to have it xrayed to show that there are residuals? I've had pain in the past but treated it with Over the counter Meds.

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yes, I nijured my back inservice in 1987 and am seeking service connection for DDD now. I'm trying to find the easiest path to 0 percent for business purposes.

I know htey took an xray of my toe in service and it showed a broken toe.

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38 CFR

§ 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

[58 FR 52018, Oct. 6, 1993]

carlie

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  • HadIt.com Elder

This is kinda a new twist.

I mean, after all, most of us are just trying to get some sort of rating that will allow us to pay the rent and buy groceries.

Now we've got someone that doesn't want anything MORE than a 0%.

hmmmmmmmmm, errr, ahhhhhh, Man, I don't know how you go about ONLY getting a 0%............. B)

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I got one 0% rating for a finger I cut open on a steel band when I got startled, when we got fired upon in Vietnam, I applied for a rating back in 1971, but the VA wouldn't help me find my CO, who took me to a Korean base to get my finger sewn up, as it wasn't in my SMR, so couldn't prove it that way. Finally in 2002 I found my CO, thanks to the internet, who back up my claim, so was awarded 0%, if the VA could of helped me out in 71, then might of got 10%, but who knows for sure, as back then my finger gave me a lot of problems, today the scar isn't that bad, but still have numbness and pain, especially when the weather gets cold up here in MN. I also had Malaria in Vietnam, 9 days in the hospital, went in with a 104.8 temperature, packed in ice for 3 days to bring temperature down, but again, no SMR records to prove anything, as all my SMR after basic are gone, and between the DOD, the VA AND ST. LOUIS, NO ONE HAS A CLUE, NO MORNING REPORTS, NO NOTHING TO PROVE ANYTHING, sorry about the capitals, hard time typing, with 5 fingers with little or no feeling in them. about a week after back surgery a year ago, the three smallest fingers on right hand went numb, now one VA doctor says it is from ulnar nerve, so scheduled for surgery, but another VA doctor says it is from neck, so who knows for sure.

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Guest terrysturgis

I think a lot of us are SC at 0% for hearing. I went through the same nexus, evidence and proof required for SC but as we all know you have to be darn near deaf to get a rating. The good news is that when I achieve that platau the VA will recognize my hearing loss as SC and help me out. My wife thinks I'm almost there. JMHO. Terry Sturgis

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  • HadIt.com Elder

Rdawg,

I had a broken fifth toe in service (1989) and was wondering how difficult it would be to get a 0 percent rating for this. Would I need to have it xrayed to show that there are residuals? I've had pain in the past but treated it with Over the counter Meds

To add to what Rickb54 said. For a fracture of some type, generally, x-rays that show arthritis where the fracture took place will warrant a 10% rating. Also, the VA grants service-connection for disabilities or diseases incurred while in service and have current residulas. That is what sevice connection is for. In your case, if there isn't any x-ray evidence of arthritis, but still have pain residules documented in some way shape or form, that will probably warrant a 0% rating.

I know htey took an xray of my toe in service and it showed a broken toe

This would help establish service-connection, but would not have any effect on the actual percentage assigned.

Calnight,

0% for maleria. I thought after 2 weeks in the hospital and 101 temp and the loss of 15 lbs ( mostly from the loss of fliuds from sweating ) I would get 10%

As I stated above, this would help establish service-connection, but has nothing to do with the percentage the VA assigns as a rating. The rating percentage is derived from the current residules the veteran has stemming from their disability.

Vike 17

Edited by Vike17 (see edit history)
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Vike 17,

To add to what Rickb54 said. For a fracture of some type, generally, x-rays that show arthritis where the fracture took place will warrant a 10% rating. Also, the VA grants service-connection for disabilities or diseases incurred while in service and have current residulas. That is what sevice connection is for. In your case, if there isn't any x-ray evidence of arthritis, but still have pain residules documented in some way shape or form, that will probably warrant a 0% rating.

I got an x-ray today. No arthritis but the Dr. said the fracture never healed properly. Would this be rated the same as arthritis?

Thanks,Rdawg

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Hey berta,

can you give me some insight on this. thanks.

I had a fractured toe in service (in SMRs 1989). I went for an xray last week and the Dr. said the xray showed that the fracture never healed properly. Do I still need his opinion that this condition is service connected or is the x-ray evidence enough?

rdawg

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yes, I nijured my back inservice in 1987 and am seeking service connection for DDD now. I'm trying to find the easiest path to 0 percent for business purposes.

I know htey took an xray of my toe in service and it showed a broken toe.

Ive got several ) percent ratings

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"Hey berta,

can you give me some insight on this. thanks.

I had a fractured toe in service (in SMRs 1989). I went for an xray last week and the Dr. said the xray showed that the fracture never healed properly. Do I still need his opinion that this condition is service connected or is the x-ray evidence enough?

rdawg"

A recent X ray is not enough-nor would his opinion be enough- you still need a nexus statement, something from your service records to show the toe was fractured in service.

Edited by Berta (see edit history)
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  • HadIt.com Elder

Having a statement from a doctor saying the fracture is service connected is essential in most cases. Unless it is a presumptive disease I would get the statement. Even a gunshot wound should have a statement attatched that this occurred in service. You don't want to give the VA any wiggle room. Remember you are being rated by people who are not doctors or lawyers and are probably just high school graduates with 10-15 years experience as claims examiners. You need to wrap it up with a bow.

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