Old Vet - New To The Va System Needs Advise

[JHawks]

WOW, where to begin. I was discharged from the USAF in 1978 (long time ago) after a Medical Board with 6 years in-service. I was given a rate 0f 20% at that time and moved on with my life even though I didn't want to be discharged. The reason for the Medical Board was a massive fracture to my left ankle that required 2 surgeries while on active duty. Now I am 59 years old and beginning to realize I have screwed up by not pushing for a higher rate until now. I never realized there were forums like this until after I filed for an increase in May of 2009. I did receive an higher rating but I appealed it. My current combined rating is 40%. I appealed due to having a mal-union and having to wear a brace. After reading these forums I discovered that 40% is the highest rating allowed for an ankle. So, my appeal is obviously a waste of time for me and the VA. Now to my situation..... Like I said above, I didn't know about these forums. I have learned so much from everyone. I didn't know about secondary claims at all. Due to my ankle and wearing a brace (instead of having a bone fusion) my knees hurt all the time and my right ankle is also in pain as well as the right achilies (sp) tendon from shifting my wight. I have also gained a whole bunch of weight since my physical activities are severely limited and I get little to no exercise. With that comes sleep apnea and the need for me to use a machine to breath while sleeping. Would someone please take the time to give me some guidance and what I should do? I don't want the VA to think I am trying to "milk the cow" with trying to claim all this at one time. Am I crazy to think they would consider these issues in my health as secondary? I would just like an honest opinion. I am new to all of this. Thanks

[JamesBreckenridge]

WOW, where to begin. I was discharged from the USAF in 1978 (long time ago) after a Medical Board with 6 years in-service. I was given a rate 0f 20% at that time and moved on with my life even though I didn't want to be discharged. The reason for the Medical Board was a massive fracture to my left ankle that required 2 surgeries while on active duty. Now I am 59 years old and beginning to realize I have screwed up by not pushing for a higher rate until now. I never realized there were forums like this until after I filed for an increase in May of 2009. I did receive an higher rating but I appealed it. My current combined rating is 40%. I appealed due to having a mal-union and having to wear a brace. After reading these forums I discovered that 40% is the highest rating allowed for an ankle. So, my appeal is obviously a waste of time for me and the VA. Now to my situation..... Like I said above, I didn't know about these forums. I have learned so much from everyone. I didn't know about secondary claims at all. Due to my ankle and wearing a brace (instead of having a bone fusion) my knees hurt all the time and my right ankle is also in pain as well as the right achilies (sp) tendon from shifting my wight. I have also gained a whole bunch of weight since my physical activities are severely limited and I get little to no exercise. With that comes sleep apnea and the need for me to use a machine to breath while sleeping. Would someone please take the time to give me some guidance and what I should do? I don't want the VA to think I am trying to "milk the cow" with trying to claim all this at one time. Am I crazy to think they would consider these issues in my health as secondary? I would just like an honest opinion. I am new to all of this. Thanks

It's certainly plausible that your bilateral knee and right ankle problems may be secondary to your left ankle condition. In order to be granted service connection for them, however, an ortho doctor is going to have to opine that it's at least as likely as not that your problems are due to that left ankle, as opposed to just getting old, or getting in a car wreck or being hurt at work.

The sleep apnea secondary to obesity secondary to your knees/ankles all secondary to your left ankle... that's a bit more of a stretch, to be honest. You get older, your metabolism slows down... are you really obese due to a lack of activity? I mean, are you in a wheelchair, or need the use of a walker? Or do you move around about as much as any other soft civilian of your age without an ankle injury? Rating specialists are not doctors. If a doctor (preferably some sort of specialist) says your weight and thus sleep apnea are ultimately due to your ankle, a grant of service connection is certainly possible.

[JHawks]

It's certainly plausible that your bilateral knee and right ankle problems may be secondary to your left ankle condition. In order to be granted service connection for them, however, an ortho doctor is going to have to opine that it's at least as likely as not that your problems are due to that left ankle, as opposed to just getting old, or getting in a car wreck or being hurt at work.

The sleep apnea secondary to obesity secondary to your knees/ankles all secondary to your left ankle... that's a bit more of a stretch, to be honest. You get older, your metabolism slows down... are you really obese due to a lack of activity? I mean, are you in a wheelchair, or need the use of a walker? Or do you move around about as much as any other soft civilian of your age without an ankle injury? Rating specialists are not doctors. If a doctor (preferably some sort of specialist) says your weight and thus sleep apnea are ultimately due to your ankle, a grant of service connection is certainly possible.

I can walk with the use of a cane and the Arizona Brace. Both these items were prescribed by my podiatrist. I can't walk at all without them without agonizing pain. The ortho's all want to open me up again and do a bone fusion. With the current mal-union of my tib and fib I don't want it done. I have been walking with a cane and the brace since 2005. Prior to that a severe limp due to the pain in my ankle. I tend to shift my weight to my right side. I can talk to my lung specialist that has me on the machine to see if she can nexis the sleep apnea to my weight gain because I cant walk much. If she says "no" I will just deal with it. I am trying to drop about 30 pounds.

[JamesBreckenridge]

I can walk with the use of a cane and the Arizona Brace. Both these items were prescribed by my podiatrist. I can't walk at all without them without agonizing pain. The ortho's all want to open me up again and do a bone fusion. With the current mal-union of my tib and fib I don't want it done. I have been walking with a cane and the brace since 2005. Prior to that a severe limp due to the pain in my ankle. I tend to shift my weight to my right side. I can talk to my lung specialist that has me on the machine to see if she can nexis the sleep apnea to my weight gain because I cant walk much. If she says "no" I will just deal with it. I am trying to drop about 30 pounds.

You may be entitled to Special Monthly Compensation for loss of use of one foot. If your left foot may as well be replaced by a prosthetic, that's "loss of use," and it's worth a little bit extra per month. Consider filing a claim for it.

[JHawks]

You may be entitled to Special Monthly Compensation for loss of use of one foot. If your left foot may as well be replaced by a prosthetic, that's "loss of use," and it's worth a little bit extra per month. Consider filing a claim for it.

I have a "reconsideration" in now. The one I found out is a waste of time. It's at the rating board. Should I wait until they are finished with it before I submit a claim for anything?

[john999]

When does the VA consider being fat a SC problem as opposed to the bad habits of the veteran? About the only vets I see my age at the VA who are not somewhat fat are the haggard ones who drink their meals and smoke three packs a day.

[JamesBreckenridge]

I have a "reconsideration" in now. The one I found out is a waste of time. It's at the rating board. Should I wait until they are finished with it before I submit a claim for anything?

There's no reason not to go ahead and make your claim for Special Monthly Compensation for loss of use of one foot, if that's how bad your foot is. The issue of SMC for LOU 1-foot will be a separate claim and developed/considered on its own timeline, not affecting your request for reconsideration. It will likely require a medical opinion from the VAMC ortho doctor.

Edited December 26, 2009 by JamesBreckenridge