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paige

IS there a mistake in the compensation/disability rating?

Question

My husband was granted disability status in 2001. He has received compensation since that time for a rating of 10% for Morton's Disease. I was looking through his paperwork the other day and read it begining to end as i had never read it before. I noticed that in the rating decision document under the section "ANALYSIS" that the following was said:

"Service connections for residuals of dysesthesias in the left foot, status post Morton's neuectomyhas been established as directly to military service.

An evalution of 10 percent is under diagnostic code 5279 from May 31, 2001. An evaluation of 10% is assigned for anterior metatarsalgia (Morton's disease). An evaluation of 20 percent for malunion or nonunion of the tarsal or metatarsal bones moderately severe."

 

There is no explanation for why they gave a rating for the later mentioned evaluation but he has not received compensation for it and there is also no further mention of it elsewhere in the document.

Can anyone tell me if there may have been an error and he is owed the compensation at a combined rate?

I don't want to spend hours at the VA trying to find out if there is no point and we are just misunderstanding the findings. 

Thanks for your help.

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Can you scan and attach the whole decision here ? (Cover C file# name, address etc prior to scanning it)

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 <<<An evaluation of 20 percent for malunion or nonunion of the tarsal or metatarsal bones moderately severe." >>>

This is the language used in DC 5283 which is a completely different diagnostic code.

5283Tarsal, or metatarsal bones, malunion of, or nonunion of:  
Severe 30
Moderately severe 20
Moderate 10
Note: With actual loss of use of the foot, rate 40 percent.

 

In most ratings, VA will cite to the next higher rating to say you do not qualify for it. It appears that is the case here. The good news is that the rating is  substantially protected due to the longevity.

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