Claim Review And Collateral Claim

[tk3000]

I have received the outcome of the review of my left leg condition (leg was broken in 2004, having had a compound fracture, with extensive surgery and the implant of a rod, screws, pins, etc). Now I have chronic pain specially in my knee and also in other parts of my leg. The outcome of the review of my claim was the continuation of the current rating: 30%. Which seems very unfair for me. According to the report, one would only be eligible for a higher rating if a brace was required (one may even be needed in deed when the winter comes and the pain level increases). What should I do to have a more favorable and fair rating: should I appeal the claim, if yes what kind of support evidence should I include?

Also I have new claim entitled "heartburn secondary to left knee condition". Which basically consist in a several heartburn and acid reflux that I have developed since I started to take pain medications (four years ago) and seems to never go away. What should I expect of that claim?

Thanks for any help

Tk

[Pete53]

Tk:

Welcome to Hadit. It is pretty well established that some of the Medication VA Prescribes cause acid reflux so I think that you have a good claim

Do you think that wearing a brace might help you have less pain?

Good Luck

[john999]

You would be wise to get the GERD under control, and maybe get a endoscopy to check out the condition of your throat. Do you take meds for the GERD?

[cowgirl]

Good luck tk3000, have you ever been recommended for a brace, cane or crutch to protect your sc leg issue before at all, even for a few months? Those notes should help if ya got em. I feel if one has the implants and fixtures you do, 30% is an insult. Although I havent had the extensive rebuild that you have, my other leg and back have suffered for the sc leg w/disability. No mechanical support here, lots of phys therapy tho. Both legs, feet and back are arthritic due to the disability. My next claim for secondary connections is in prep stage.

Maybe an IMO could clarify your diagnosis, daily and seasonal needs prior to appealing.

Re heartburn, I was prescribed vioxx (stopped taking it) continue to have 'heartburn" and 'reflux', now take omerprisol as prescribed, still have the lil sorta air 'burp's after eating. I have to eat slowly. Not sure if that sounds familiar. Been thinking about claim for GERD.

John, ya got me thinking again, thanks!

Cg

You would be wise to get the GERD under control, and maybe get a endoscopy to check out the condition of your throat. Do you take meds for the GERD?

[Berta]

"Also I have new claim entitled "heartburn secondary to left knee condition". Which basically consist in a several heartburn and acid reflux that I have developed since I started to take pain medications (four years ago) and seems to never go away. What should I expect of that claim?"

Since the knee is SC already -the claim would involve residual side affects from the pain meds that are causing GERD.

These claims have succeeded when NSAIDs were used for pain as these meds have a strong association to causing gastrointestinal problems.Still it will probabvly take a doctor's opinion to support that- but you can send them the side affect flyer or getr a good side affect print out on the web as to how the meds you are taking for knee pain more than likely have caused the GERD.

[halos2]

THE OUTCOME WAS CONTINUATION OF 30%...SO YOU FILLED AND WAS GRANTED 30% AND APPEALED AND THEY LEFT IT AT 30%

Your upper gastris symptoms could be definitive for side effects of the medication as posted by others here. File for that. What other symptoms? Concerning the 30%, now are you going to file Form 9? BVA? Watch your time limits if you are going to proceed with this.

There is a well know factor that such surgical procedures and the use of pins, plates, screws, etc do cause

problems along the years. The structure, even though held together, will demonstrate weakness, much discomfort, effect muscles, joints, ligaments, bones of not only the surgical site but of the foot, ankle, knee, hip, back,etc. This will progress as years go by. No one knows the progression but chances are greater with repetive use, over weight,etc.

Braces are made of many different types of material, and perhaps a soft or even a molded type with foam would help. It depends on the area of the leg which type might be beneficial too. If they are using as you stated a brace would increase % this avenue would be a given as well as may allievate some discomfort too.

Don't wait around, file what evidence you have and check with your primary for assistance regarding the symptoms you have been experienced and have them put it in writing. If you can get them to do an Independent Medical Exam or Opinion in writing, more power to you. Check this site for the "know how's to proceed." Best of all in your quest.

[tk3000]

Thanks for the welcoming, Pete. Sorry about the delay in my response (I was away).

My experience with the rating board (or individuals that rate the claims) are at least problematic. They seem to have no knowledge of medicine or law. For instance on my last C&P exam the doctor clearly identified, stated, and reported the fact I also have an issue and pain with the left ankle, and apparently the rating decision completely ignored such important aspect of my C&P which should receive a rating of its own (according to the C&P doctor). The rating decision only mention the leg as a whole. I reported such issue to the VA via the Iris's system (VA's website) and they arranged for to have another C&P exam in about a month.

That thing of brace first came to my attention about 3 years ago (the last time I saw the orthopedics doctor) when the orthopedics doctor told me that I could use a brace to help me coping with the pain the general locomotion issues. I haven't seen a specialist ever since. And the last two review of my left leg condition mention the need of a brace or another thing in order to have a higher rating. I never used a brace before, but I did some research and reading about it, so I certainly would give it a try. And if that fulfills the VA's requirement to have a more realistic approach to my problem as far as compensation goes, even better.

tk

Tk:

Welcome to Hadit. It is pretty well established that some of the Medication VA Prescribes cause acid reflux so I think that you have a good claim

Do you think that wearing a brace might help you have less pain?

Good Luck