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Ankle Rating


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12 replies to this topic

#1 bufloguy

 
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Posted 12 April 2009 - 08:59 PM

Quick question,
How is the Ankle rated? I can't find where it is rated in 38 CFR. Here are the results of a recent MRI of my ankle:

1. Findings present consistent with a stenosing tenosynovitis in region peroneal ligaments cephalad to tip of lateral malleolus.

2. Findings present consistent with degenerative changes/possible tendinitis involving segments of peroneal tendons distal to tip of lateral malleolus.

3. Normal anterior talofibular ligament not identified. This may be reflective of a chronic disruption.

The podiatrist says the talofibular ligament was ruptured, and I will need to have it rebuilt. I will be filing a claim, but I don't know how it's rated. Any help would be appreciated. Thanks in advance!



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#2 sharon

 
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Posted 12 April 2009 - 10:02 PM

Quick question,
How is the Ankle rated? I can't find where it is rated in 38 CFR. Here are the results of a recent MRI of my ankle:

1. Findings present consistent with a stenosing tenosynovitis in region peroneal ligaments cephalad to tip of lateral malleolus.

2. Findings present consistent with degenerative changes/possible tendinitis involving segments of peroneal tendons distal to tip of lateral malleolus.

3. Normal anterior talofibular ligament not identified. This may be reflective of a chronic disruption.

The podiatrist says the talofibular ligament was ruptured, and I will need to have it rebuilt. I will be filing a claim, but I don't know how it's rated. Any help would be appreciated. Thanks in advance!

38 CFR 4.71a

#3 bufloguy

 
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Posted 13 April 2009 - 05:30 AM

Thanks Sharon! I found the section, but have no idea what dx the injury would fall under. Basicaly it's a grade 3 sprain (total rupture) have to wear ankle braces or my ankle will fold under. Any Ideas?

#4 bufloguy

 
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Posted 13 April 2009 - 05:17 PM

Ideas anyone?

#5 LarryJ

 
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Posted 13 April 2009 - 05:23 PM

20%

#6 bufloguy

 
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Posted 13 April 2009 - 05:52 PM

Any idea which code it would be rated under?

5270 Ankle, ankylosis of:

In plantar flexion at more than 40, or in

dorsiflexion at more than 10 or with abduction,

adduction, inversion or eversion deformity 40

In plantar flexion, between 30 and 40, or in

dorsiflexion, between 0 and 10 ..................... 30

In plantar flexion, less than 30 ........................... 20

5271 Ankle, limited motion of:

Marked .................................................................. 20

Moderate .............................................................. 10

5272 Subastragalar or tarsal joint, ankylosis of:

In poor weight-bearing position ............................ 20

In good weight-bearing position ........................... 10

5273 Os calcis or astragalus, malunion of:

Marked deformity .................................................. 20

Moderate deformity .............................................. 10

5274 Astragalectomy ................................................ 20



#7 LarryJ

 
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Posted 13 April 2009 - 08:48 PM

You are going to have to have a C&P performed.......to determine the ROM remaining, or the pain involved with motion of the joints in your ankle, or to determine whether you have any degree of what I call "drop foot".

If you haven't had a C&P yet, on the ankle, then you probably won't get one until sometime after you file the claim.

Having said all that, 20% is what I have found that they like to hand out in the case of ankle problems.

If you have to wear orthosis to keep your ankle from, as you say "folding under" (drop foot), then you need to get the diagnosis that they used to issue you the orthosis (provided the brace is a VA-issued item) and file your claim including a copy of your VA med recs stating the need for the brace. Should be a no-brainer, which is sometimes the very thing that it takes for them to act upon, a no-brainer, seems they can handle those.

#8 Jayg

 
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Posted 16 April 2009 - 08:45 PM

I have "service connection for residuals, left ankle sprain."

My award letter states: "Your recent VA examination showed swelling with no effusion. Mild bony enlargement and deformity was noted. Dorsiflexion was limited to 0 degrees plantar flexion to 14 degrees. Pain was noted on range of motion testing with additional limitation of motion due to pain, weakness and fatigue."
Based on this, and supporting service connecting evidence, they granted "... service connection for your left ankle with a 20% disability evaluation. An evaluation of 20% is assigned for marked limited motion of the ankle. This is the maximum disability evaluation for an ankle condition without ankylosis or a frozen ankle." (italicizing added)
(but! ankylosis there is! :) )
Ankylosis= . 1 stiffness or fixation of a joint by disease or surgery

2 union of separate bones or hard parts to form a single bone or part

I hope this helps. :)

#9 bufloguy

 
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Posted 16 April 2009 - 09:12 PM

Thanks for the replies. Hopefully they take into account that the anterior talofibular ligament is totally ruptured, and needs to be surgically repaired. Sorry, I forgot that I will have to spell it out for them.

#10 121212

 
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Posted 17 April 2009 - 10:37 AM

Hey Bufloguy, I have the anterior talofibular ligaments in my left and right ankle gone, I get 20% for each because of limited motion,not any for the ligament ruptured, when you get the surgery make sure and file for temp 100% rating. I just had the surgery to fix it on the 9 of april. I hope that might tell you something about how the rating works.

Ken

#11 bufloguy

 
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Posted 17 April 2009 - 10:59 AM

Thanks.

I just filed for service connection for residuals, left ankle sprain secondary to SC bi-latteral plantar fasciitis.

Long story short . . . I was walking down some stairs, and felt a very painful stab of pain in the arch of my foot. To escape the pain, I rolled my ankle blowing out the tendion. To me, it's a really easy connection for the VA to make, but with my luck, it'll take a year for service connection.

#12 121212

 
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Posted 17 April 2009 - 02:02 PM

I also have bi-latteral planter fascitits, I have filled a clam with VA on it being secondary to my ankle and heel problems, I have heel spurs and problems with my Achilles tendons on both feet, my orthopedic surgeon stated that in his report on me to the VA. With the VA you have to have the Doc make it in writing for them, or they do not believe you, I hope it works out for you o n your clam.

KEN

#13 Berta

 
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Posted 17 April 2009 - 02:32 PM

Yes-they have to connect the dots carefully-

I just came from my foot doc who took casts on my feet-I have bilateral planter whathaveyou- and it affects my knees and my back.

He did something 2 weeks ago to my ethonic shoes and I was able to dance for hours last week- but I needed knee brace to use my chain saw and to fix a small leak in my porch overhang-Unfortunately Medicare and CHAMPVA dont cover my foot issues and I have to pay for this myself-

I have seen a few 100% ratings for SC flat feet , causing knee prolems, and then hip and back problems to point the vet was unemployable.

You would think Medicare would handle these problems-as the VA does- because people with foot problems like this can easily fall and cause further problems.
They say one third of all elderly Americans over 65 fall every year.

I just got a CHAMPVA newletter and there is info in it as to how to prevent falls-
yet neither CHAMPVA nor Medicare covers stuff like custom insoles which are costing me 500-600 bucks.

(They better be made out of solid gold for that price)

Edited by Berta, 17 April 2009 - 02:34 PM.





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