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Ankle Fusion

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Guest swells1

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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.

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This BVA case is one of many regarding Temp 100%:

The regs I mentioned are in the case:

http://www.va.gov/vetapp09/files2/0911877.txt

The vet was denied for 2 reasons-one being he did not request this benefit in time- there is a time limit deadline to these requests.

The medical evidence has to be within the criteria for the Hospitalization benefit and the reason for hospitalization has to be regarding a service connected condition.

It seems to me that as long as VA has the request for this benefit within year time frame -as the regs call for- and the condition becomes SC_these regs should kick in.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Thank you so very much for the information. I beleive I have all my stuff in one sock as it were. I have been afiliated with the government all my life so I do understand what you mean about the illiterate folks in the VA.My job is as I understand it "done now", so I'll sit back and see what sort of mess the VA can make of my claim.swells1

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  • HadIt.com Elder
Thank you so very much for the information. I beleive I have all my stuff in one sock as it were. I have been afiliated with the government all my life so I do understand what you mean about the illiterate folks in the VA.My job is as I understand it "done now", so I'll sit back and see what sort of mess the VA can make of my claim.swells1

Good Morning swells1, My guess is that you may have another 90 days wait. You mentioned that you just had a PTSD C&P exam about a week and a half ago. I base my opinion on my own case. 3 months after I had my C&P exam, the denial letter came. I don't like the idea that the VA sent you a letter mentioning "Non Service Connection" anything. Like you, I am a Combat wounded boots on the ground veteran. I highly value our ( "Docs" ) Medics like you. Reading every one of your posts gives me a better idea of what you have been through. I'm mad as hell, that you are being treated as another vet that fell off the truck in training. Like you, my story is very unique, one of a kind type combat story. I am sorry that you may have to go through an extended period of time waiting for resolution. Because your experience is so unique, I just hope that someone at the VA recognizes it and treats you properly. If in three months you get some bullsh**t letter of denial or some NSC crap, I suggest you get an attorney, You filed for the temp 100% within the time limit. right? You filed for a service connected disability rating, right?. You say and sound like you have "all your stuff in one sock, as it were". Now we wait. Good luck "Doc swells1". You are a part of our lives now, keep us posted...

"it shall be remembered"...

"We few"

"We happy few"

************************

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