Question About Left Ankle & Lower Back Disability

[MariaN]

I am rated at a total of 40% for a Grade 3 left ankle sprain with Bostrum repair and left foot drop due to neuropathy involving the deep peroneal nerve. I am not able to move the ankle, my foot or any of my toes. I know that ankle sprains and foot drop have ratings as separate injuries, so I'm wondering if it would benefit me to try to separate the grouping and ask to have them rated under each of their ICD codes. I was diagnosed with a foot drop while I was in the service as well as chronic ankle sprains to my left ankle, which ended up requiring the Bostrum repair surgery. But, because it was accompanied by the separate deep peroneal nerve injury and foot drop, it didn't recover. I know that the maximum claim for the ankle is 30% and my foot drop could yield 30% or possibly 40% because of the total loss of use for which I receive the small special compensation (section K), if my understanding is correct. So, I may have been losing out on 20-30% on that left ankle without the danger of pyramiding because one injury was a ligament tear and the other was a nerve injury and they fall under two different codes. I have seen that even if a body part has a rating, if there is also a nerve injury, it can carry a separate rating. Is it in my best interest to pursue it? I'm not sure if I could call it an error because I just barely found out about the bad grouping and the decision was rendered in 1995. But, if it is possible to get the benefits to which I'm entitled, that would be helpful.

I currently have a combined total rating of 90% (91% and a bit of change that rounded down to 90%). I also have several problems with my lower back that I am hoping to secondary in due to my compensatory gait and odd stance that I've had since the injury in 1980 - also noted in my military record. It was noted in my most recent decision that this "guarding with body tilt" caused my "lumbosacral strain with sciatic pain" that I was diagnosed with in April 1981. Now, I have arthritis in the facet bones on both sides of my spine from L2-S1, L3/L4 radiculopathy, a bulging disc at L5 and a pinched sciatic nerve on the left side at L5/S1. I was denied direct service connection for my lower back. But, based on the explanation for the denial, I think I have a strong case for a secondary service-connection case on a high value claim. I have bilateral service connection on my ankles - my right ankle is also service connected at 10% and my left knee is also service connected. So, it's pretty safe to assume that this "guarding with body tilt" was not temporary, as stated in the decision and has taken its toll on my spine. A bunch of falls, including a really bad one I took in 2016 because of my service-connected left issues didn't help much either.

If anyone has any suggestions, I'd definitely appreciate your input. I'd love to close the loop and get my rating to 100%. I'm REALLY close. I'm pretty sure that if I can secondary that lower back, it would be enough to put me over the top. Thanks, everyone!!!