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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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VA Appeal For Foot Disability


Question

I searched the forums but did not see this in the appeals section.

I have a pending appeal for my right foot for service connection, and I'm in the process of sending a statement to the Board of Appeals.

My question is can I ask the Appeals Board for a percentage rating prior to winning the appeal for right foot service connection.

My reasoning is, if I just send the Appeals Board my statement without requesting a percentage and I win the appeal for right foot service

connection, then I might have to file another appeal if the RO gives me a lower percentage, and wait another 5 years for that appeal.

I'm unable to find any information on filing an appeal for service connection, and at the same time requesting a percentage.

Any information would be appreciated.   Thanks

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Joe Tex I am not rated for your type of condition  but I might can steer you in the right direction (  remember knowledge is power) You need to know the rating critera for each of your condi

You can request a certain percentage but if this is the first time your claim is going to the BVA, it may need more development and need to be remanded. The BVA does not normally assign a rating perce

You might also consider a mental health claim since chronic pain/depression are  mental health issues.  Do you use a walker or a cane? Next time I see a VA doctor I would be using a walker if I were y

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You can request a certain percentage but if this is the first time your claim is going to the BVA, it may need more development and need to be remanded. The BVA does not normally assign a rating percentage because the claim may need more development and have a medical exam and medical opinion. Now if this claim has already been rated and you were given a low rating and you feel that your symptoms meet a certain rating percentage then you can request a particular percentage but make sure you fully understand and meet that rating criteria.  You do not want to low ball your own claim.

Just because a veteran request a certain percentage it does not mean that the VA will agree to that percentage. Your evidence must prove that you meet that criteria.

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Thanks for the reply pacmanx1, this appeal case was remanded Feb, 2019, the original appeal was for Service Connection for left ankle, right hip, right knee, and right foot.

The service connection for left ankle, right hip, right knee were all awarded 10% for pain, which I now will have to appeal for a higher percentage rating, but that is a different issue right now.

My concern is that my right foot, still under appeal, and I'm in the process  of sending the Board of Appeals new evidence: Foot DBQ from Ortho Surgeon, support statements, etc., (due April, 20th) the service connection should (99% sure) come back granted, and the RO decision letter will low ball again and I'll be right back to square one.

Having to file another appeal (as in the case for Lankle, Rhip, and Rknee) for an increase percentage.

Was trying to avoid another appeals process for my right foot (if possible) and was looking for anyone else who has already been down this road, or knowledgeable with this situation.

If I can also request a percentage with my appeal evidence(basically try to avoid a low ball decision from the RO) to possibly avoid having to request a higher percentage appeal in the future, and having to wait another 5 years for a higher percentage appeal.

Anyone with info., direct knowledge, or references greatly appreciated.

I don't have an attorney or VSO rep., I reside in the Philippines, none available here.

Thanks for any assistance.

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Posted (edited)

Joe Tex

I am not rated for your type of condition  but I might can steer you in the right direction (  remember knowledge is power)

You need to know the rating critera for each of your conditions and the rating code

I'll give these codes at the bottom  you will need to look this stuff up 

.I want to point out the most crucial part of this will be what your C&P EXAMMINER checks in the DBQ boxes  or rating criteria and symptoms  so its very very critical of you the veteran  what you say to this examiner  let him know every thing about all three of these conditions and the level of pain you have the range of motion you have....> and if he does a hands on range of motion  when you first feel the pain let him know  scream out loud if you need to, you need to let this examiner know everything about what these condition causes you not to do and the pain and any flare ups you have, is these conditions causing you to miss work  ect,,,ect,,, don't exaggerate your symptoms but do let this examiner know all of what your going through  how it effects your life  ect,,ect,,,,

Let this C&P Examiner know everything about all these conditions that disables you   this is your chance to get the most highest rating possible   if the C&P Examiner don't know your pain  or the level of pain and how bad these condition effect you  your most likely will get a low ball rating so look these codes up and read about the rating criteria  and you will do ok at your C&P Exam

you might want to look up these rating codes

Ankle Pain   diagnostic 5271  ..look this up  schedule of ratings CFR 38. 4.71 (a)   &look through  4.40 through 4.63 to give you an Ideal has how they rate   this is the rating critera.

10% normally

Knee pain Diagnostic Code 5003  normally a highest rating of 50%

This knee pain condition is rated under diagnostic code 5261 and the disability ratings available are 0, 10, 20, 30, 40, and 50 percent. Typically, the greater limitation of extension (or the harder it is to straighten the knee), the higher the disability rating will be.

Hip Pain Diagnostic Code 5261

The VA Disability rating for hip pain uses the diagnostic code according to the CFR which depends on the severity of the discomfort. In previous cases, flare-ups between 1 –3 times week

Highest rating 30%

If you let the C&P Examiner know how bad all three of these conditions causes you problems  pain problems like rage of motion is very limited and your knee flare up   and mention all three of the conditions flare up from time to time  7 days a week and causes you crippling pain and you can't move because of the pain   just let this examine know your in excruciating pain most of the time.

Remember this C&P is critical and you want to tell the examiner everything about all of these conditions  how much pain they cause you how it effects your life  and you have flare ups most days.   ect,,,ect,,,,

Hope this might help you a little more   these are medically confusing to say the least    but the C&P EXAM is most important  and its Important to let this examiner know how it effects your life.  the more you know the better you will do at your C&P Exam (again knowledge is Power)

Also just to point out  if any of these three conditions causes you problems with other parts of your body  keep in mind we can claim secondary claims too  if you get a secondary condition from any of these three conditions that you have  you will also get a rating for the new condition they may case  once service connected for a secondary condition it becomes part of the original condition that caused it.

https://militarydisabilitymadeeasy.com/musculoskeletalprinciples.html

Good Luck Buddy

 

Edited by Buck52
Spelling what else...he he he
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You might also consider a mental health claim since chronic pain/depression are  mental health issues.  Do you use a walker or a cane? Next time I see a VA doctor I would be using a walker if I were you.  You know injuries to the feet and legs can cause serious back and hip problems.  I have bad foot problems as secondary to DMII.  I recently got 40% for each foot.  Secondary conditions can net you more that the  original condition you claim.  Dealing with the VA is a long term situation. To get to 100% or TDIU can be a long haul but it is worth it  when you are 65 years old and trying to live on SSA alone like so many do.  If you get 10% go for 100%.

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