Left Ankle Condition

twilli1313

PEB Forum Regular Member
Registered Member
I have been found unfit for my left ankle and left lower leg (rated 10% each) as of my proposed VA ratings. My left ankle dorsiflexion is 0-5 degrees and they only rated it 10%. Was wondering if anyone has any insight as to whether that is accurate or should it be 20%? Wanted to see if I should put in for a VA ratings reconsideration or if they would reject it based on insufficient evidence for a reconsideration. I just feel like it should be 20%. I’m currently at 20% DOD and 70% VA proposed and obviously want to get to 30% DOD. Thanks in advance!
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
If you have a DBQ from the VA that states your dorsiflexion was noted as 0-5 degrees, it should have been rated at 20%. I would submit a VARR if you have this documentation available.
 

twilli1313

PEB Forum Regular Member
Registered Member
If you have a DBQ from the VA that states your dorsiflexion was noted as 0-5 degrees, it should have been rated at 20%. I would submit a VARR if you have this documentation available.

Looking at this image, what do you think?
 

twilli1313

PEB Forum Regular Member
Registered Member
Looking at this image, what do you think?

Based on this image, what do you think? I believe it’s like you said, 20%. I will submit the VARR for sure but just wanted confirmation before speaking with my lawyer and making my decision.
 

Attachments

  • 6164738D-BDF3-4EF5-8B8E-BAFD3B7D44F3.jpeg
    6164738D-BDF3-4EF5-8B8E-BAFD3B7D44F3.jpeg
    271.1 KB · Views: 7

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
That looks like solid evidence to me. I would submit a VARR. You can download the VASRD yourself from this website and have the paragraph reference and your VA data to wrap it all nice in a bow for them.
 

twilli1313

PEB Forum Regular Member
Registered Member
Per the VA's explanation, they said my ROM is "moderate" since it is less than 15 degrees dorsiflexion. "Marked" ROM is 0-5 degrees and that is what they determined it was during my C&P Exam. I have attached screenshots of the VA's explanation as well as the notes from my C&P exam. I assume they were just hoping I would't notice or rebut it in order to save the VA money? Or that they confused my left ankle with my right since the dorsiflexion is 0-10 in my right ankle. Either way, I hope they can correct because that will get me to 30% DOD.
 

Attachments

  • Ankle ROM Ratings.jpg
    Ankle ROM Ratings.jpg
    1 MB · Views: 5
  • Ankle ROM C&P Exam.jpg
    Ankle ROM C&P Exam.jpg
    250.5 KB · Views: 4

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
That is a significant difference for the rest of your life. Definitely fight it and keep us posted on the results!
 

twilli1313

PEB Forum Regular Member
Registered Member
Absolutely, will do. Thank you for all of the input and confirmation. I speak with my legal counsel tomorrow morning and get her input and should know something within the next couple of weeks regarding the VARR.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top