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Berta

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sbrewer

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Hi Berta,

First let me say that I know I keep asking you stupid questions, but we know nothing of this, to bear

with me. My husband is the one that had the toe surgery at the VA and now he can not bend the toe and is still in pain, taking tramadol. He has been taking tramadol for over a year and of course hates the pain but when

he takes tramadol, he is whoppy headed and sleepy. Anyway we're still trying to research this before

making that plunge. He ran across something that said...When you file the 1151 they would then order

a c&p. Is this correct? He has a copy of his records, so should he do this now or wait? The podatrist told him

the toe would take a year to heal from the surgery and the surgery was in April or May. He just has absolutely

no releif from the surgery and we know there is still something wrong with the toe. We do not want to jump

with the 1151 too soon. Could you please tell me your opinion on this.

Thanks for the help,

sbrewer

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Has this problem caused him additional disability- what I mean is - has it involved problems in his gait, balance etc? CAn he wear shoes?

Is the long convalescence due to medical error? per the podiatrist?

Or is it normal for this type of surgery?

I can see filing a Sec 1151 on this as I understand your past posts but

I dont see much more than a temporary rating- maybe at 10% for the medical error, until the toe heals. Unless the medical error has involved more disability-per the VA rating schedule.

I have a medical error toe vet- who then lost most of his leg due to gangrene

and what appears to be VA negligence.

Others with with severe SC foot conditions find this causes them great inabilities to work as these conditions can affect the knees, hips, and back.

WHat I did not pick up before in your posts is that today there is an expectation that the toe will heal.

I did not realise that before and thought this was a permanent injury.

I have a vet with a Section 1151 scar that is so horrible it looks like a gunshot wound that covers his whole stomach.

Although the VA said it would eventually heal, they must rate him for the large scar which will be permanent and the complications it caused to another condition.

It also has prevented him from working as he is no longer able to drive

(he is volunteer DAV van driver) as driving aggravates the scar area and his 100% other disability is also affected by this medical error.

The VA might look at the potential of this medical error as to its ability to fully heal and not grant the claim.

These claims depend on bonafide medical errors and documentation of them as well as an affect to the employability of the veteran-the essense of all VA rating percentages.

This is not the only claim he has , is it?

Can it be secondary in some way to any other conditions?

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He does have an SC condition, however not related to the toe and the toe in no way related to it. The problem with the toe is he had pain before surgery and it seems as if the surgery did no good and he can no longer bend that toe.The dr did put him in SAS shoes, which do not help. The toe has not caused a different walk as in gait or anything like that and he does still work. Before the surgery the toe was normal(he could bend it) and now it is stiff or straight. And the pain persist. So would there be no need in pursueing this? And do they order

a c&p with a different dr. if we proceed?

thanks,

sbrewer

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He does have an SC condition, however not related to the toe and the toe in no way related to it. The problem with the toe is he had pain before surgery and it seems as if the surgery did no good and he can no longer bend that toe.The dr did put him in SAS shoes, which do not help. The toe has not caused a different walk as in gait or anything like that and he does still work. Before the surgery the toe was normal(he could bend it) and now it is stiff or straight. And the pain persist. So would there be no need in pursueing this? And do they order

a c&p with a different dr. if we proceed?

thanks,

sbrewer

I am not suggesting not to pursue this- just that I feel , if the VA does grant an award under 1151 it will not be a high rating or maybe only "0" SC- unless it gets much worse.

I would certainly the other condition too.

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My husband saw his primary dr. today, and she also said the toe was screwed up. He's waiting to

pick up his records to see if she put that in the records as he thought that she had. Hopefully,

she did, but again, one dr against another is not easy...

thanks,

sbrewer

ps thanks Berta for all your help!!!

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Berta,

He did pick up his record for today's visit, and she did write in there(surprise to me) that the toe

would not bend or touch the floor now. She said she didn't know what else to do but send him to

physical therapy. Do you think that could be used to file an 1151 or is that not enough?

thanks,

sbrewer

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