big jim

dr. McHuge is head of the ortopetec clined at the nash ten va. they had all the evidence even the infection. The Doc at the opd clinec just said it was infected treating with antybyodics. I was stell in wheel chair in March stated so in report from opd clinec. Started some wight bearing in lat April with cruches. Stell on crutches about half the day due to the swelling in my foot. have to lay down and elavate foot half the day. also there a statments from my ortho doctors that are not what i was told. had wife with me she can stest to the statments mad to me . I have seen 6 defert doctores the doctor that did the operation left the va the after surgery. I am on #10 hydrocordean paine med stell for the painf in my intieer foot .

va rating dated april 8 2010 we denied entitlement to and additional period of convalescence because treatment of the service-connected disability did not meet any of these conditions. you were advised of this decision by va letter dated april 13 2010. we received a reconsideration of your entitlement to and additional period of convalescence. A review of your records showes that you underwent surgery on this ankle in Julu of 2009, and authorized a temporary evaluation until January 1, 2010. We have reviewed the statement from Dr. McHugh concering convalescent leave and although this statement showes you well be on convalescent leave untel July 21, 2010, there is not basis presented for this convalescent period. A review of your treatment records showes that in early December physical examination o0fm your ankle showed medical surgical wound healing well with no evidence of infection. he bone fusion appared to be consolidating and you were iaaued a rocker bottom sole shoe to begin to increase your weight bearing over the followinf 2 weeks. Treatment notes from March 2010 showed that you had a slighty painfull gait but were walking on this ankle ans x-rays showed a solidly heald ankle arthrodesis. the additional evidence does show ongoing treatment for right ankle however it does not show a severity in your condition to warrant a continued entitlement to convalesence. A temporary 100 Percent evaluation may be assigned when it is established that a disability, subject to VS compensation, required surgery necessitating at least one mouth of convalescence, surger with severe postoperative residuals, or treatment with immobilization by cast of one major joint or more. Entitlement to and additional period of convalescence has been reconsidered anf remains denied because treatment of the service-connected disability did not meet any of these conditions An evaluation of 20 percent is assigned from January1.2010. An evaluation of 20 percent is assigned for malunion of the tibia and fibula with moderate knee or ankle disability. A higher evaluation of 30 percent is not warranted unless there ia malunion with marked knee or ankle disability. This disability is not specifically listed in the rating schedule; therfore, it is rated analogous to a disability in which not only the fuctions affected, but anatomical localization and symptoms, are closely related. Now this is what they told me. But my wounds are not heald all the way and no comment about the infection i had treatede for a mouth. About this earl dec comment about my wounds healing. I told the doc that my wounds are draing bad, he said dont weary about it that they ar ok . So in late Dec i had to go to the opd clinec because they were not healing been going ever since.

was geting 100% from july 2009 to jan 2010 for ankle fusion. ortho doc gave me off tell july 2010 in dec 2009 this was denied. after the visit with ortho doc in dec my surical wounds started to drain real bad. whent to er was sent to opd clinec. refieled for temp 100% for wounds not heald, denied. doc set in dec wounds were healing, i told him about the dranage he just shafed it off. my wife was there to back me up . now the va keeps denieing me because what the dock said in dec. i have been going to the opd clinec twice a mouth sence dec to get my wounds heald. also i had a little infection sent in that had to be treded. acording to title 38 4.30 i stell am intield to the 100% tell my wounds are heald is this not right. i did a regular requst then a reconsederation, what next, and earer on there part our what. if iam not intieled fine put i dont see how. pleas help me i am at a lose on how to proced.

i have been drewing a 20% on 5262 in july of last year i had to have my ankle fused. how should i clame this. i have no up our down motion. i realy dont know how to file for this. is there smc also with the fusion. need some good advice pleas

i had a sc operation on my ankle in july 2009 it was fused. now my ankle well not move up or down. am i abel to get smc. also i was in a wheel chare for 6 mouths after the operation. i did get 100% temp for 5 mouths. it is now april 1010 and my surger wounds are stell not heald. go to opd clinec once a week to get them to work on my wounds. whould should i do