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Appealing My Dro

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jcturpin79

Question

First off I am a 30 male weight pre-op 150lbs height 5"9 by no means was I over weight as most are with similar feet and ankle issues I received surgery on my SC left ankle 6/28/09 (triple arthrodesis fusion) This surgery requires a long period of convalescence and more so in my particular case due to my prior history of non unions ( 2 failed sub talor fusion left foot) That being said My VAMC Dr Requested a period of 1 yr for convalescence in written form this was submitted prior to the surgery as evidence for an extended convalescence. I was denied a convalescence beyond 3 months for the 6/28/09 surgery. on 11/16/09 my surgeon had to revisit the surgery site due to pin infringement ( pin was too long and needed to be retracted) and the removal of under the skin bone growth stimulator (use due to the history non unions) for this they awarded me 1 more month of convalescence for that surgery. It was awarded during my request to have a DRO to review the previous decision of only 3 months of convalescence when VAMC Dr requested 1 year. I have appealed The DRO decision and requested a hearing before VBA. Since then I have acquired 2 more medical opinions to back the need for convalescence of at least 1 years (1. civilian Dr of physical therapy that the VA out sourced me to due to the distance of my home to my nearest VAMC 2. The regional head of podiatry for the VAMC southern regions who's primary office is at my VAMC.) on top of that during my exam and evaluation given by the regional head of podiatry it was noted that a non union/ mal union of the calcaneal cubiod joint had occurred and a revision to my 6/28/09 surgery was necessary to correct this and in addition Ankle Arthrodesis Nail ( much lager than common screw used for fusion) needed to implanted to aid in a complete fusion ( zero mobility of ankle) the surgery (8/13/10) again will require an extended period of convalescence.

My issues, concern and question are many at this point

1. What kind of evidence is required to warrant a convalescence beyond 3 months( 3 medical opinion request 1 year + have been submitted)

I believe I have met the requirements of VBA 38 CFR section 4.30

2. is it possible to avoid such issues of convalescence with my future surgery of the affected limb (8/13/10)?

3. with my future surgery will zero mobility to my left ankle qualify me for SMC for loss of use per VBA 38 CFR section 4.40

4. over all what benefits should I apply for? * note that similar surgery to the right foot is also required that will also result in zero mobility to the affected limb.

This has been the worst 2 yrs of my life dealing with SC injury and being unable to walk with out crutches or a cane thus being unable to work. Not receiving the benefits due has put me in dire financial strain. My only source of income is my 20% rating payment. that being said my credit has been destroyed and if not for my father who has been paying my rent,power, water and the assistance of food stamps I would be living in the streets. I'm not trying to milk the system, I just want what I justly earned when I committed myself to the USMC. Nothing more nothing less!

Please let me thank you in advance for any constructive comments or suggestions.

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  • HadIt.com Elder

My advice is not to wait to file TDIU. File it as soon as possible. File everything now because you will have months to wait for the VA to look at it. You want to protect your effective date.

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Just wanted to say thank you to all that responded. I was Informed today that the VA had approved my TDIU retroactive to Feb 2010.

Semper Fi

Congratulations JC!

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WOW that is GREAT NEWS!

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