Intelligent, Aggressive Representation For The Injured And Disabled

Attorneys Gardberg & Kemmerly
Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly


by | Jul 13, 2015 | Veterans Disability Benefits |


Are you a veteran who has service connected foot injuries? Are both of your feet affected? Did the VA erroneously combine your left foot disability with your right foot disability and assign a “bilateral” rating? If so, you could be entitled to additional benefits.

First and foremost, it is important to know what Diagnostic Code the VA is using to rate your disabilities. The Diagnostic Code used by the VA should be listed on the Code Sheet, which should be included in your Rating Decision. If you have received a Rating Decision without a Code Sheet, you may request a copy of the Code Sheet. For more information on the VA Code Sheet, see my previous post Why the VA Rating Code Sheet is Important.

Gardberg & Kemmerly, P.C. was successful in securing benefits for a veteran who suffered from left foot problems and right foot problems for years. This particular veteran was assigned a 30 percent disability rating for “weak feet with painful callosities.” The VA combined his left foot disability with his right foot disability and assigned one “feet” disability rating. Esteban v. Brown, 6 Vet. App. 259 (1994), however, provides that the symptomology for each foot, right and left, is distinct and separate. Thus, a compensation rating is necessary for each foot. This veteran’s condition was rated under Diagnostic Code 5284. The particular diagnostic code provides for “foot” injuries, not “feet” injuries. As such, Gardberg & Kemmerly, P.C. was able to secure benefits both for veteran’s left foot disability and veteran’s right foot disability.

If you are a veteran who has filed for VA disability benefits and needs help navigating the appeal process, call the experienced veterans’ disability attorneys at Gardberg & Kemmerly, P.C. at 251-343-1111 today for a free case evaluation. The disability attorneys at Gardberg & Kemmerly, P.C. help veterans throughout the Gulf Coast area, including, Alabama, Florida, Mississippi, and Louisiana with regard to establishing service connection for claimed conditions, establishing entitlement to higher compensation ratings, and establishing entitlement to total individual unemployability.



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