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Proper percentage

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dapilgrim

Question

 

What would be the proper percentage for the disabilities listed below

first degree AV block and atrial premature depolarization

10% Service Connected

 

tinnitus 10% Service Connected

 

bilateral pes planus also claimed as right foot condition with pain 30% Service Connected
 
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So from what I can see here they are playing on your claims wording.  Because it was claimed at right foot condition, they are sticking with right foot condition.  So they are acting like it only affects your right foot.  You have to be careful with wording as they take it try to pigeon hole you into one area.

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I will talk to the VSO and call Peggy.  The   claim was for bilateral. The left foot is worse since it has the Hallux Valgus as well.   The C&P examiner reported bilateral Pes Planus. The Xray show bilateral ples planus and Hallux Valgus  on the left foot.

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Does your service records show bilateral or does it only mention the right foot? Shrekthetank1 is right, wording is everything to the VA. If you have a copy of your C&P examine what does it say?

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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2 minutes ago, paulstrgn said:

Does your service records show bilateral or does it only mention the right foot? Shrekthetank1 is right, wording is everything to the VA. If you have a copy of your C&P examine what does it say?

It is indicated on my entrance exam. The C&P examiner stated Bilateral pes planus.

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5 minutes ago, dapilgrim said:

It is indicated on my entrance exam. The C&P examiner stated Bilateral pes planus.

And you are correct to fight them, but no matter what the examiner says all that matters is what is claimed.  

Think of it like this, if I said a very specific thing like my L7 spine is causing me pain.  The VA is only going to look at L7 for pain even though the examiner says each of the sections up and down from this are also affected, because the claim was so specific they only have to look at the one area.  

I have heard Bronco and others here say this before, but let the VA figure out how it should be rated.  Give them a general direction, but make it as broad as possible.  

I would call everyone and their mom (just kidding).  Find out what is going on then come back here and we can help.

Edited by shrekthetank1
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