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.

[Berta]

I am a little concerned here as to the letter you got from the VA-

they re-characterized the fusion as arthritis and the Non service connected part bothers me.

The VA is supposed to consider every claim for both pension and service connection but

did they send you a VCAA letter that specified this was regarding a claim for service connection?

Do you have a vet rep?

When you sent them what they asked for -did you clarify what type of claim this was?

[MikeR]

I am a little concerned here as to the letter you got from the VA-

they re-characterized the fusion as arthritis and the Non service connected part bothers me.

The VA is supposed to consider every claim for both pension and service connection but

did they send you a VCAA letter that specified this was regarding a claim for service connection?

Do you have a vet rep?

When you sent them what they asked for -did you clarify what type of claim this was?

Yeah, it sounds like they are trying to make sure you are never compensated with that title.

[Guest swells1]

Yeah that's what I was thinking too about the NON- Service connected thing. But since then I have talked to my podiatrist and he wrote me a letter that says something to the effect of, After reading my patients military health records it is obvious to me that the injuries sustained during his active service in 1983 & 1986 were a definitive factor in his need for the ankle fusion as was his military medical history of multiple occurances of gout. This is not an exact word for word that he wrote but it's very close. So I have a 1. Military history documented in my medical records.2. A nexus letter from my surgeon stating he feels todays problem was caused by my military service.3. And now a surgery that limited the motion of my ankle's up and down motion to "zero". Had me in a cast for 2 1/2 months and a walking boot for 6 months. By the time all is done I will have been on crutches / walkers for 6 months. My muscles in my right leg have atrophied to about 1/2 the normal size and will never return in my calf since my ankle is locked and will not move up and down. I am now having knee problems since part of the surgery left my fibula (on purpose) just hanging loose inside my leg as well as my leg muscles just dont work the knee as well being so small. I have used up all of my sick time as well as vacation. And now you tell me that I won't even get any 100% time for healing and recouperation?Now I know why I don't trust my government...This sucksswells1

[Berta]

If I were you I would write to them and ask for the 100% Temp for hospitalization and convalescence.Put your C file on the letter.

The convalesecence regs are here at hadit-I feel you should read them carefully and also send them copies of any med reports to show the docs recommend the convalescence.This way if they SC your disabilities, they have the convalescence request in the C file.

You certainly present a picture of what they need to award for the temp and/or convalescence- BUT this must be service connected first.

You have good letters there from the surgeon and the podiatrist-have you submitted copies of them to the VA yet?

You can use a cover letter ( form 21-4138) available at the VA web site and tell them you are submitting the attached medical evidence in support of your claim.

Did you gfet a VCAA letter yet it will say IMPORTANT Reply requested and should tell you exactly what evidence they need.

Do you have a vet rep?

[Guest swells1]

Berta, I do not have a C File yet. I was told to wait a couple of weeks then ask for one. I just had my C&P for PTSD about 1 1/2 weeks ago. I requested 100% convalescence on the form 21-4138 on my last submission. Was this the wrong form? "BUT this must be service connected first" Does the letters from my doctors saying my problem was service connected and my service medical records not give enough evidence of service connection? What more evidence do they need?I submitted the letters from my docs with the VCAA letter reply. I used form 21-4138 to add to my claim and show the medical evidence. Yes I received the "Reply" letter and I sent everything I could acquire in support of each of my claims. Yes I do have a vet rep (such as they are) Paralyzed Veterans of America. I call them with questions and I get one word one syllable answers. So I guess I should find someone that at least "seems" to care about my case as much or give me at least the helpful advice of the general question guy at the VA 800 number huh? That or someone who sounds like they have an at minimum a 3rd grade education. The folks I deal with sound like they could have been stand ins on the set of Deliverance. I got directed from the DAV to the PVA due to loosing use of my ankle and my current VSO leaves a lot to be desired. So I just decided to do everything for myself. If not, I would have never even submitted a claim. Everything I know about filing a claim comes from what I read in here and on BVAs on the VA website, since I can find no help from an actual face to face knowledgable person. It's funny because I work on Fort Hood but most of the vets I know act like they are in some kind of secret society (and I don't know the handshake). Everyone I speak to say it took them from 4 to 10 years to obtain a disability I know this can't be the norm. So far things seem pretty straight forward to me.1. You prove you had an in service medical problem.2. You show you still have the same problem.3. You show a nexus between 1 & 2.Am I wrong? Am I missing something? Or do I have additional horrors coming my way that I do not know about yet? Sorry I was not griping at you.... I just get angry when talking about my government in action or is that inaction?Thanks for hearing me out if you made it this far.swells1

[Berta]

I meant that-since it seems you certainly have evidence to get this service connected-as to the ankle- to be sure to have the Temporary /hospitalization temp request in the C file- so that when they rate the ankle problem they will have it there already to determine if they will pay any convalescent money.

In other words no Temp Convalescence Comp for NSC- but with proof that the disability is SC-then the request for the temp will kick in (should kick in)

I think the 21-4138 was best way to request it- hope you kept copy of that.

"1. You prove you had an in service medical problem.2. You show you still have the same problem.3. You show a nexus between 1 & 2.Am I wrong? Am I missing something? Or do I have additional horrors coming my way that I do n"

You are absolutely correct as to the criteria for service connection.

Horrors?

Go to VA Watchdog to see the essense of the Cabinet level beaurocracy that you are dealing with= AKA the Veterans Administration.Larry Scott is a respected investigative reporter and he can back up what he prints at Watchdog.

I had bonafide medical evidence in support of my claim when I filed my claim in 2003-I then obtained 3 medical opinions that supported my claim.

The VARO ignored it all.

My reps sat back and allowed that to occur.

The BVA awarded my claim in April- over 6 years since filing it.

This was a widow's claim and I know they often treat widows as second class citizens.We are treated no differently than many veterans.

I dont mean to alarm you but you need to realize that there seems to be some pick and choose scenario at these ROs-

many claims go through the system easily and get awards-

others involve the paper battlefield -a war of the words-

and many vets die during the process.

You aren't missing a thing as far as evidence for your claim.

It is the VA that is missing something-

Efficient workers who are literate.

You might have no problems with the claim at this point at all-

then again it is impossible to determine what your RO will do nexct.