C&P Exams for Feet/Ankles/Toe and scars for appeal overturned!

[Navy4life]

So on Monday I had my C&P exams for my feet/ankles/toe and scars.  I think it went rather well and the doctor was thorough.  These C&P exams were ordered on September 8th, 2016 by the DRO in WACO after she over turned the other DRO's decision.  She ordered the C&P exams so I could get a proper rating on my contentions.  She over turned the DRO's decision due to his egregious errors in my decision that I brought to the attention of Mr. Robert McDonald's office and my local Congressman.  After getting the representative from McDonald's office to contact me and then to get the WACO office to contact me, I sit here today awaiting the decision I should have had years ago.  I am grateful the new DRO reviewed the decision that the previous DRO made and over turned it.  The DRO that made the egregious errors in my decision has apparently done this to other Veterans.  I hope they investigate this DRO.  I am thankful I did not have to go another 2-4 years to the BVA to appeal a decision due to the egregious errors by one DRO.  I am grateful the new DRO assigned saw the egregious error and reversed the decision at the RO level.

I did talk to the DRO on Wednesday and she said she received the scar C&P exam but not yet received the Foot/Ankle/Toe C&P exam.  She said it shouldn't be too long and then she can rate me.  I am so anxious right now!

[Buck52]

Roger that Navy4life  You did a well prepared Job on your part!

other veteran should learn from this.

[Navy4life]

I just saw that the one C&P exams is on MyHealthyVets for review.  It is for my left ankle scar increase.  I am currently 0% S/C.  I noticed she indicated it is painful to the touch and she noted 4cm.  I was reading the VA rating for scars and under 7804, is it my understanding that if I have multiple scars that are painful I can be rated under this?  I have three scars on my feet/ankles/toes.  The one I is on my left ankle, the other is on my 2nd intermetatarsal toe (left foot), and the the third is a scar on on my right foot, 5th metatarsal.  

My question, is does the scars have to be all in one area?

I also see it states I can be rated under another code depending on what type of scar it is.  So can I possibly get several ratings for scars?

I don't have any unstable scars, but I have painful scars.  I think I should be 10% at a minimum and if I get painful for all three then 20%????

Code 7804: Painful or unstable scars can be rated twice: once under this code, and once under one of the other scar codes depending on what type of scar it is. An unstable scar is one that constantly loses the healed skin over the top of the wound. It would regularly open up and then re-heal, only to open up again. This is usually found in larger, deeper scars, especially those over moving joints. If there are 5 or more scars that are unstable or painful, and at least one of them is both unstable and painful, it is rated 40%. If there are 5 or more scars that are unstable or painful (none are both), it is rated 30%. If there are 3 or 4 scars that are unstable or painful, and at least one of them is both unstable and painful, it is rated 30%. If there are 3 or 4 scars that are unstable or painful (none are both), it is rated 20%. If there are 1 or 2 scars that are unstable or painful, and at least one of them is both unstable and painful, it is rated 20%. If there are 1 or 2 scars that are unstable or painful (neither are both), it is rated 10%.

[Buck52]

I think I remember reading some where in CFR Scars is a 10% rating that meet the criteria  over inch long & could be rated more id sore to the touch? I'm not sure

read this  and the 38.3.400

DATES: Effective Date: This amendment is effective October 23, 2008. Applicability Date: This amendment shall apply to all applications for benefits received by VA on or after October 23, 2008. A veteran whom VA rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under these clarified criteria, irrespective of whether his or her disability has worsened since the last review. The effective date of any award, or any increase in disability compensation, based on this amendment will not be earlier than the effective date of this rule, but will otherwise be assigned under the current regulations regarding effective dates, 38 CFR 3.400, etc.

[Navy4life]

Buck;

if im reading that correctly I should be awarded 10% for the scar then correct?

[Buck52]

yes and possibly a higher rating if sore to the touch  actually this is the part they don't make very clear. or unless you request a review?

''A veteran whom VA rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under these clarified criteria, irrespective of whether his or her disability has worsened since the last review''.  

I believe yours has in fact worsen!?? 

[Navy4life]

John filed an NOD on my behalf for the scar. It was rated 0% back in January 2016.  I'm hoping you are right and I have two other scars that are rating to be rated on my foot and toe. I'm awaiting that CnP as we speak. 

Can't I get multiple ratings for this for my scars?