Spine Surgery, Cane, 100% Temp

[Aquabear]

Hey all,

Yesterday, during my rehab at Phys Thpy VAMC my therapist issued me a cane, I got shoe inserts from my Primary physician and have an consul with Ortho for 2 knee braces. Will all of this be documented in my computer file at the VAMC?

If it is on file, I know to get the printout's from Release of Info then mail it to the VA for my claim BUT before I do that I think I should wait for my rating decision to finalize with review and authorizations, yes? I think if I mail it to them now it may bog up the rating thats coming soon?(I hope it comes soon).

A new claim for knees secondary I would place after my rating for my back and hips comes back.

Also, I have appointments with surgeons for spinal surgery. Can I apply for temp 100% disability before my surgery? How is this done, any directions on hadit? I am 0% back right now.

I know they said I'd get PT post surgery but they said I may be able to also have someone come to my home and provide PT at home? Anyone done this?

Thanks everyone and have a Great Labor Day Weekend.

[jbasser]

File for temporary 100 percent and have someone hand deliver it the day of surgury.

Also file for an increase as they will rate on the residuals.

It does not matter that you are 0 percent fo the back. It is connected even at 0 percent.

Dont worry about the knee claim hurting your other claims. You have to do what you have to do and your only costing you retro by not filing it.

Good luck with the Operations. Hope all goes well.

J

[Aquabear]

Jbasser thanks for the info, I really appreciate getting back to me. Will do.

I doubt it but if I claimed knee in 98 but was denied, when I ask for knee now can I ask for retro to 98?

[Aquabear]

In March 09 I had to withdraw from college/the VA Voc rehab program due to my back and am still out and now going for surgery. Can or should I ask for the temp 100% not only for surgery as earlier posted but cause I had to withdraw from college back in March 09?

Does being 0% for back matter when applying for temp 100%?

I called the VA 800 and asked about 100% temp, the rep said it's form 21-4138, statement in support for your claim, need surgeon/physician post surgery report for temp 100% and to get it in quickly after surgery.

Also, asked about hardship, that VA will speed up process for hardships.

[JamesBreckenridge]

You can't get temp 100 percent for convalescence effective prior to the surgery you're convalescing from, so the answer to your first question is no. However, if your service connected back condition is so bad that it caused you to bail out of school, that sounds like more than 0 percent to me. Here's a fun little fact... VA treatment is treated as a claim for increase. So, not only are you asking for temp 100 percent for convalescence effective the date of your surgery, but just going for treatment acts as an informal claim for increase, which would have an earlier effective date. The problem would be, is the evidence in your VAMC electronic records good enough to assign an evaluation of; I'd need range of motion and the types of things found in a C&P exam. But it COULD be in there.

Yes, being 0 percent for the back matters when applying for the temp 100 percent. You have to be convalescing due to treatment for your service connected disability, although the percentage doesn't really matter. If you're service connected for one body part but have surgery on some other body part, it wouldn't make sense to pay temp 100 percent for convalescence, now would it. :D

On these facts, it looks like you'd get the 100 percent for some period of time (maybe six months?) for convalescing, and you may be able to get a few months of increased evaluation effective from whenever you sought treatment/dropped out until the surgery. I'd schedule an exam to evaluate your back at the end of the convalescent period. I know the 100 percent would be nice to be able to keep, but I sincerely hope the surgery fixes your back.

Hope that helps. B)

In March 09 I had to withdraw from college/the VA Voc rehab program due to my back and am still out and now going for surgery. Can or should I ask for the temp 100% not only for surgery as earlier posted but cause I had to withdraw from college back in March 09?

Does being 0% for back matter when applying for temp 100%?

I called the VA 800 and asked about 100% temp, the rep said it's form 21-4138, statement in support for your claim, need surgeon/physician post surgery report for temp 100% and to get it in quickly after surgery.

Also, asked about hardship, that VA will speed up process for hardships.

[Berta]

"I doubt it but if I claimed knee in 98 but was denied, when I ask for knee now can I ask for retro to 98?"

If they award SC for your knee-is there any possibility this could have affected your spinal disability?

What do you get the 10% for?

The VA will give you date you filed the knee claim for the EED for any retro.

Otherwise you would have to find a strong legal error in the 1998 denial if it is now unappealed and final and then you could file a CUE claim.

There is a wealth of info here on CUE claims- very hard to succeed in and they depend solely on legal errors not medical opinions or DTA regs.

It CAN be done but at this point best to satisfy the VCAA letter as to the evidence you need for the knee claim.

It sounds like you have ankle involvement too from the knee?

That too should be claimed if there is any supination or pronation in your ankles or arches due to the knee problems.

I went through that and had to get special orthonics but they not only helped with pronation, ankle and knee problem, they seem to have cured my chronic back ache.I can dance again!

Conversely any major joint problem in the leg can cause or contribute to other conditions in other joints in the leg and even hips.

My podiatrist told me not to even use braces anymore.

In your case they gave you insets,braces and a cane which looks to me that they know your condition is by far more disabling than mine was.

Is your 10% from flat feet or anything related to your current claim or upcoming surgery?

[Aquabear]

My 10% is for snapping hip syndrome left hip. The civillian docs look at me as if I am crazy when I say that, it sounds NUTZ. I am meeting a neurosurgeon tomorrow then 2 ortho surgeons the following week- 3 opinions should be good

No ankle pain but my PCP said it may help with the back pain until surgery.

I got my notes from ROI printed from VAMC Phys Thpy and they wrote full accurate notes about me and the pain in during my therapy, its nice to see they were very honest about it.

Some positives from my CP exam: My CP examnoted limited range of movement, could not bend forward or backward due to PT said he would fall, PT was in constant pain during exam. He did say PT was mailing papers of MD, pain managemnet, 5 spinal injections, years of hydrocodone for pain and other notes he reviewed during CP exam.

VCAA letter for knee? what do you mean?