For Morton's Neuroma it's pretty clear that is 10% period.
For fractures to the foot do they rate under "broken bones"? After my hearing yesterday, the DRO indicated that regardless of residuals a broken bone at a minimum is 0% so if you have issues would the rating fall under this category? I have two prior fractures to the left ankle and now two fractures to the right foot....I do have residuals so I am sure I warrant higher than 0%
For the ankle, if you have synovitis as well as limited ROM and prior broken bone to the ankle, do they lump all the ratings into one? Or do you get separate ratings for each disability?
Once they determine the total disabilities is it my understanding that you can not be more than 40% PER FOOT/ANKLE or is it 40% combine for both FEET/ANKLES and does that include the Morton's in the total % of disability?
Edited by Navy4life
US Navy Desert Storm Veteran Proudly served my Country!!!
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Navy4life
Okay as I sit and wait for my NOD decision to come back I have been looking at both the feet and ankle CFR ratings
http://www.militarydisabilitymadeeasy.com/thefoot.html#top
http://www.militarydisabilitymadeeasy.com/theankle.html#top
I have multiple issues with my feet and ankles.
For Morton's Neuroma it's pretty clear that is 10% period.
For fractures to the foot do they rate under "broken bones"? After my hearing yesterday, the DRO indicated that regardless of residuals a broken bone at a minimum is 0% so if you have issues would the rating fall under this category? I have two prior fractures to the left ankle and now two fractures to the right foot....I do have residuals so I am sure I warrant higher than 0%
For the ankle, if you have synovitis as well as limited ROM and prior broken bone to the ankle, do they lump all the ratings into one? Or do you get separate ratings for each disability?
Once they determine the total disabilities is it my understanding that you can not be more than 40% PER FOOT/ANKLE or is it 40% combine for both FEET/ANKLES and does that include the Morton's in the total % of disability?
US Navy Desert Storm Veteran
Proudly served my Country!!!
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green
The total rating on a lower limb (knee through toes) can not exceed the amputation rule which is 40% per side.
green
If you have rated issues on both legs/feet (they don't necessarily have to be the same issues) the bilateral factor would be applied.
green
§4.26 Bilateral factor. When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabiliti
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