Feet and Ankle ratings - how are they rated/calculated

[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?

 

 

Edited February 27, 2016 by Navy4life

[green]

The total rating on a lower limb (knee through toes) can not exceed the amputation rule which is 40% per side.

[Navy4life]

Just now, green said:

The total rating on a lower limb (knee through toes) can not exceed the amputation rule which is 40% per side.

Okay that is what I thought so feet/ankle/toe can be up to 40% per side but the bi-lateral factor does come into factor if the feet/ankles/toes are rated the same right?  example week ankles would be a bi-lateral correct?

[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.

Edited February 27, 2016 by green

[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 disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10’s representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.

 

            (a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

 

            (b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained.

 

            (c) The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles.

[Navy4life]

2 minutes ago, green said:

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.

so if one foot has a fracture and the other has synovitis that is bi-lateral?

[green]

2 minutes ago, green said:

a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

Yes, that is consistent with how I read the section above.