Shin splint rating question

[RBrogen]

Hi Everyone,

I was wondering if you could shed some light on how the VA might rate bilateral shin splints with this info.  Note I am already rated arthritis in both knees and ankles at 10% for each of those.  I would think that 38 CFR 5262 would be the rating code

C&P Report

    Right Ankle:   Dorsiflexion = 0-15 degrees / Plantar Flexion 0 to 30 degrees
    Left Ankle:  Dorsiflexion = 0-10 degrees / Plantar Flexion 0 to 30 degrees
    Moderate Pain

   Left/Right Knee Moderate pain decreased ROM = 70 degrees

As always, thanks for all of your opinions.

[HONDOII]

Don't know if it's the case for everyone but they folded my shin splints in with patellafemoral pain syndrome for 10%.

[RBrogen]

57 minutes ago, Mrpdbo said:

Don't know if it's the case for everyone but they folded my shin splints in with patellafemoral pain syndrome for 10%.

My shin splints affect ROM of both ankles and knees which I believe will be a separate rating to the pain as it is a distinct difference condition.  Additionally, I have the 10% for L/R Knees and L/R Ankles for arthritis.

[HONDOII]

1 hour ago, RBrogen said:

My shin splints affect ROM of both ankles and knees which I believe will be a separate rating to the pain as it is a distinct difference condition.  Additionally, I have the 10% for L/R Knees and L/R Ankles for arthritis.

The way it was explained to me is that shin splints are lumped into painful ROM (knee or ankle) unless the tibia/fibia have fused together, in which case they can be rated separately.  Probably best to wait and see what they grant you after a decision is rendered since the CFR isn't entirely clear.

[broncovet]

Well, I have no idea if your shin splints are "chronic" or acute.  If they are acute, they often resolve themselves, or respond to treatment.  The Va does not compensate us for "acute" pain, only chronic conditions.  Example, if we sprain our ankle, and it hurts a few weeks or even months, then gets better with no complications, then its pretty much non compensable.  

If you have chronic shin splints, that reoccur or last for years, then are likely compensable, to the extent they limit ROM or with pain.  

More on shin splints here:

https://www.webmd.com/fitness-exercise/shin-splints#1

Even a fracture, that heals up with no problems later is not likely to be compensable.  I fractured my leg in service, they put on a cast, and it healed.  Now, I have arthritis in that joint, and, as yet, its still NSC.  I applied for benefits for it years ago, they decided "not to adjuticate it" with a decision but instead listed it as NSC on one of my rating sheets.  I guess they knew if they denied it, I would appeal.  So they just never adjutciated it, a violation of 38 cfr 3.103.  

I will probably know by the end of this year if it will make a difference or not, frankly Im unwilling to put up with the VA's BS for 0 compensation.  It shouldnt make a difference in the effective date, I have already demonstrated I applied.  

Maybe I will blow their mind applying for an "increase".  They wont know what to do since its not sc, how can they increase it??  

It makes me feel like Curly of the 3 stooges:  

"Nyert, nyert, nyert".  

Edited August 21, 2019 by broncovet