WOULD THIS BE CONSIDERED PYRAMIDING?

[paulcolrain]

I UNDERSTAND THAT PYRAMIDING IS WHEN IF YOUR LEG HAS AN ISSUE YOU CANT BE RATED FOR HIP KNEE FOOT AND LEG ....?

SO MY QUESTION STEMS FROM,, IF THE VETERAN IS RATED FOR HIP LATERAL TEAR AND ARTHRITUS AND IS RATED RATED UNDER 5251,,5252,,5253 FOR THAT HIP

BUT ALSO HAS

LUMBAR NERVE DAMAGE THAT EFFECTS THE SAME LEG AND IS RATED UNDER 8520 

BUT THE NERVE DAMAGE COULD BE RATED HIGHER IF RATED UNDER 5251,5252,5253 

SO THE QUESTION IS,,, WOULD THIS THEN ERASE THE HIP SERV CON RATING OR WOULD THIS STAY AS 2 DIFFERENT SERV CONNECTIONS THOUGH RATED UNDER SAME???

Make sure to check to see if a higher rating can be given under limited motion of the hip, code 5251-5253, limited motion of the knee, code 5260, or limited motion of the ankle, code 5271. If the condition is best rated as limitation of motion, then the final code will look like this: 8620-5251. The first four-digit number is whichever of the three nerve codes the condition best fits under (paralysis, neuritis, or neuralgia), and the second is the limited motion code where it is rated.

[jfrei]

Not that this help but I thought that it was a matter of when the injury occurs I have two separate issues with 3 years in between each injury one was my right broken hip and the other was my broken foot. Both service connected for the right leg , I thought it was only pyramiding if it was one injury that they both occured in...

[paulcolrain]

13 hours ago, jfrei said:

I thought it was only pyramiding if it was one injury that they both occured in...

AND THAT EXACT POINT IS WHAT IM GOING ON... .... IF THE LUMBAR CAUSED THE NERVE ISSUE AND THE LABERAL TEAR CAUSED THE HIP ISSUE..... 

BUT THE QUESTION REALLY IS ,,,, COULD I BE RATED AT RANGE OF MOTION ON BOTH SEPARATE. . IM RATED FOR HIP IM RATED FOR NERVE... BUT THE NERVE IS NOT GIVING ME A GOOD RATING AT ALL

 

[paulcolrain]

What does the VA mean by “same disability” or “same manifestation”? The important thing to remember is that if you are looking to receive separate ratings as a result of a single disease or injury, the argument that needs to be made is that you suffer from a variety of symptoms that are covered by diagnostic codes that are not duplicate and do not involve overlapping symptomatology. 

[paulcolrain]

SO I GO TO A HEARING AT THE D.C. LEVEL. JUGE MAKES A DECISION ON 1 PART AN REMANDS 2ND PART.....

IN HIS WRITINTNG HE ASKS IF THE NERVE DAMAGE COULD BE THE HIP PROBLEM???? 

DR SAYS NO BECAUSE A NERVE PROBLEM STEMS FROM THE SPINE.

 

BUT THE QUESTION REMAINS LIKE,,,, WHY DID THE JUDGE ASK THIS?

[jfrei]

my guess is the judge wants to combine them into one rating if it makes it a higher rating instead of two lower ratings combined equals less money. How it was explained to me one 70 and one 50 won’t  make it 100 but combined under one table could make me 100 scheduler for one disability.

Edited May 15, 2018 by jfrei