dorsiflexion - VA's Duty to assist

[Joep]

Please help, this on-going dealing with the VA is intensely stressful, depressing and adds so much anxiety.  

After a two-year battle ending back in 2010, I put my entire box of VA data in the closet; literally.  A decade later, I pulled it out after some encouragement from friends & co-workers and re-enguaged.

It wasn’t until recently that I realized that dorsiflexion range is claimable.  What is odd is that when addressing my ankle back in 2010, the VA acknowledged I only have 5 degrees dorsiflexion range in my ankle based on my C&P exam but didn’t rate it.  The other ankle is 0 degrees dorsiflexion and I’m sure they noticed that too.  They were awarding me for another conditon rated at 10% when commenting on the 5 degrees dorsiflexion.  I would have expected them to give me a rating for this based on their identification of this condition.

If I have other issues with the feet/ankles, does that prevent me from claiming dorsiflexion ROM?  If not, then why did the VA ignore what they even commented on when giving me a rating for another ankle issue?

I continue to have on-going issues with my feet, they got worse.  My doctor during a Dec 2021 and Feb 2022 documented my dorsiflexion at 0 degrees and 2 degrees.  13 years from retirement and I still have no flexibility.  If I am not mistaken, these are rated at 30% each.  Or, does other issues related to my feet prevent also claiming this even though those conditions are only rated at 10%?

 

Feedback greatly appreciated.

Thank you

[Whodat]

In 2010, what conditions did you apply for? I know that its hard to go back that far  Hopefully it was for foot/ankle condition. If you claimed for a specific condition, that's all that will be looked at. But if you claimed it for foot and or ankle condition, work has to be done on the VA side of the house. 

What condition were you rated at 10% for? How long have you had that rating for? Have you ever tried filing for an increase for that as well as other sc'd condition's?

[Joep]

1 hour ago, Whodat said:

In 2010, what conditions did you apply for? I know that its hard to go back that far  Hopefully it was for foot/ankle condition. If you claimed for a specific condition, that's all that will be looked at. But if you claimed it for foot and or ankle condition, work has to be done on the VA side of the house. 

What condition were you rated at 10% for? How long have you had that rating for? Have you ever tried filing for an increase for that as well as other sc'd condition's?

I claimed Achillies tendinitis/arthritis left ankle/swelling.  They awarded 10% for "Chronic Calcaneal Tendinitis".  I also have 10% for resisuals from bunion surgery and 20% neuropthy for lower extremities.  Also won a form 9 apeal for fibrosis tumors in left foot but after a 5 year fight the VA said it is 0% although the identical right foot was given 10%.  Two tumors grew back and the Physical Therapist is trying to avoid another surgery as they may continue to grow back and I have a lot of painful scar tissue that may only get worse.   I think I made them mad by fighting it all the way to the judge.  I have a lot if issues going on in my feet, was formally disagnoised with bilateral flat feet, 9 years after retirement so that may be difficult to claim unless I link it secondary to my other issues.  Recently perscribed custom insoles and disabetic shoes.  Back to the dorsiflexion; is it allowable to claim that with all the other issues already awarded?

 

[GBArmy]

Can't comment directly about your ankles; you need a specialist to provide an nexus/IMO to get all the potential secondaries. But that said, don't forget that you may also be able to claim Scars as well.

[broncovet]

Let's seperate "claimed issues" from "symptoms" of the respective issues.  

In short, for each claimed issue, you need 3 Caluza elements of current diagnosis, in service event, and nexus or link between the two.  

Once service connected, THEN you determine disability percentage with symptoms.  No symptoms, no rating above zero percent.  

Dorsiflexion is a symptom, along with pain and loss of other range of motion(s).  

Quote

Dorsiflexion is the backward bending and contracting of your hand or foot. This is the extension of your foot at the ankle and your hand at the wrist. ... Dorsiflexion occurs in your ankle when you draw your toes back toward your shins. You contract the shinbones and flex the ankle joint when you dorsiflex your foot.

In order to be compensated for a disorder, you need a diagnosis.  

Assuming you have a diagnosis and SC for an ankle disorder that led to the symptom of dorsiflexion, then, yes you should be compensated for it as defined by the schedule of ratings.  

I dont know what diagnosis caused your dorsiflexion, but, whatever did, is likely your foot diagnosis.  

You are on thee right path, you just seem to have gone down a rabbit hole confusing a symptom with a diagnosis.  

It happens somewhat frequently, dont feel like the lone ranger.  My advice is to check the rating schedule for your malady, and, if dorsiflexion was not considered in your rating, you may eitheer have a CUE, or should appeal.  

 

 

[Joep]

@broncovet Thank you; greatly apprecited and yes, although I knew all this, I didn't see through the clouds.  The amount of stress from all this is quite bad and the reason I am having so much trouble.  I have many issues with my feet and didn't think I need a 'diagnosis' for each part.  I was officially diagnoises wiht flat fee in 2017;  nine years after retirement.  I've been told I had flat fee while in the service but it was not documented well or diagnoised.  The 'best' I can prove is where I had a x-ray for a bunionectomy and in the "IMPRESSION" lists; PES PLANUS is listed.  The rest focused on the bunion issues but it at least shows something documented while I was still in the service.

I think I will submit both the dorsiflexion and pes planus at the same time, and have my podiatrist document a diagnosis with nexus to my other foot issues if he feels it is appropriate.  I don't want to claim anything this isn't truly warranted but also feel the VA should have seen the dorsiflexion limitation during my retirement C&P Physical.  I say physical vs. exam as the hospital doing the physical was clueless on doing C&P exams.  I was a test case where the VA worked with the local US Consulate to find an alternative hospital to perform them as the local US Military Hospital no longer had the staff to support VA exams.  Not a single DBQ was done during my retirement C&P and it has caused severe issues ever since.

Thank you again for your reply.

Edited February 16, 2022 by Joep

[Berta]

I m a civilian but if I was a veteran and could prove my disability began in service, I would probably be rated at 30%.

 

I have severe bilateral pronation. It comes from pes planus (flat feet.)

I have to get custom orthos every few years.My podiatrist also seeks the beginnings of callouses that this condition can cause. 

My point is the the claim might not be worded in the best medical terms. ---without orthos my ankles sort of cave in, as well as my knees,and also I have balance problems from it. A vet here told me he had the exact same symptoms I had, with flat feet- and the pronation was documented in his medical records.

I am sure not a doctor- but this might be the probem with your claim- if you do have severe bilateral pronation they need to know that.

There is also a possibility that instead of pronation you have supination and/or 

"Morton's neuroma and metatarsalgia." 

https://www.va.gov/vetapp21/Files12/21075888.txt

There is a lot medically to foot disabilities. Flat feet can cause hip, nee, nd back problems as well.