Ankle Fusion

[Guest swells1]

I am a 10 year Navy Beirut Combat Vet Honorable Discharge around 20 years ago. Because I was never afforded any training or preparation for discharge I never registered with the VA for health care or disability. I just did not understand the who what where and why back then. Now I am slowly learning.

About 23 years ago I had broken my ankle and after wearing a cast for several months the Army Doc told me to walk on it for as long as I could stand it and eventually I would need to have the ankle fused. Well I waited as long as I could and after years of pain and swelling I had the ankle fused. Now I have been out of work for nearly a month due to non-weight bearing status and inability to drive to work with post surgical right ankle. When the fusion surgery was complete I was told I had ligament damage on top of the arthritis and deformity caused by walking on this poorly repaired break for so many years.

I started to submit my VA compensation claim about 3 months ago. Since then I have received a letter from the VA asking me for more evidence for my "NON SERVICE CONNECTED CLAIM FOR ANKLE ARTHRITIS". I'm very new to this system but I am already getting PO'd.

I sent them the requested information... The second time.

Now for why I am actually here: I have several questions maybe someone can answer.

1. How long should it take for the VA to give me an answer on my claim?

2. What should I expect as far as percentages go?

3. Since this is a service connected claim, Will I get any back pay?

4. Should I get 100% compensation for the time I spend/spent out of work?

I know this is asking a lot, but I would appreciate any information someone might be willing to share.

Thank you in advance for any assistance.

[Pete53]

Swells

You are in the wrong forum. I am going to move it to Claims and hopefully you will get a better response

[carlie]

Now for why I am actually here: I have several questions maybe someone can answer.

1. How long should it take for the VA to give me an answer on my claim?

I'd speculate at 6-36 months. There is REALLY NO WAY to tell or guess.

2. What should I expect as far as percentages go?

I'd speculate at somewhere between Service Connected at zero percent to SC'd at 20%.

3. Since this is a service connected claim, Will I get any back pay?

Perhaps, retro backpay to the date you filed your claim.

4. Should I get 100% compensation for the time I spend/spent out of work?

It may have to be for SC'd condition, but I'm not sure on that at all.

Did you file a formal claim for temporary 100% convalescence care.

carlie

[LarryJ]

I am in concurrence with Carlie on all but the question #4.

No, you will not get 100% for all the time you were out of work (if you could, then I'd be a "Rich Man"........ah, a Fiddler On The Roof tune comes to mind......I'm sorry, I just finished my bagel with a schmear and a plate of lox...)

If the VA did the ankle fusion, then you MIGHT be able to get 100% for the time of convalesence, only. And then it is going to hinge on whether you can get this ankle problem service-connected, or not.

I agree on 20% for the ankle in the "long haul", after convalesence.

For you to get "service connection" for the ankle, you must be able to show, via SMR's (Service Medical Records) an in-service injury or an in-service aggravation of a pre-existing injury and a now existing ankle problem, with continuity from in-service up 'till today's date. The best way to accomplish this is thru a good C&P exam with a "willling" examiner (willing to state that they believe that it is "as likely as not" that you existing ankle problem began or was aggravated in service.

Short of that, you must be able and willing to obtain an IMO or an IME (Independent Medical Opinion or Independent Medical Exam) stating the above "at least as likely as not".........and, believe it or not, that is what it had best say, in those words, if at all possible (the VA only speaks limited English and it is best not to deviate from the accepted nomenclature that they are used to, and wish, to see.

LarryJ

20% ankle

70% MDD

30% yada, yada

TDIU P&T

[john999]

That "non service connected" thing makes me think the VA is looking at your claim as a pension claim. Did you ask for some kind of pension from the VA? Big difference between pension and service connection. I have never seen a claim for SC referred to as a Non Service Connected claim. They may be confused and wrapped their mind around some concept that is not what you want. These people are very easy to confuse so I would try and get to the bottom of the "non service connected" statement about your ankle. Like Larry says you are going to have to prove through SMR's that your ankle problems started in the military. It has been 20 years since discharge. They won't just accept your word that this happened in the service. I agree with everything said already.

[Pete53]

All initial claims start out jointly as Pension and regular claim. Usually the claimant gets a letter that denies pension. It can be very confusing

[LarryJ]

All initial claims start out jointly as Pension and regular claim. Usually the claimant gets a letter that denies pension. It can be very confusing

You know, you're right. I remember the letter. (that's a miracle........in and of itself....remembering!)