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

[JHawks]

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.

I didn't suggest that the VA SC people being fat. I'm 6' and weigh 240. My lung specialist said my weight caused my sleep apnea. That's all I was asking. I didn't mean to set you off. I feel my weight gain is directly related to my inability to get around much or get exercise because I have to use a cane and brace to somewhat walk. I would give anything to be able to walk 2 or 3 miles a day. I would give even more to be able to jog like I use to. I loved to jog and push the limits. Kept me fit and kept me at a good weight. I was 160# when I was able to run, walk and exercise. I am somewhat fat. " The haggard ones who drink their meals and smoke three packs a day" are still VETERANS with issues and problems. Some may live under a nearby bridge for all we know. I came here to ask a question. That's all. i didn't come here to be mocked for being overweight.

[JHawks]

There's no reason not to go ahead and make your claim for Special Monthly Pension 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.

James, Thank you for your reply. I had no idea about SMC. I never even knew about it. I will take care of that Monday. Thank you

[JamesBreckenridge]

James, Thank you for your reply. I had no idea about SMC. I never even knew about it. I will take care of that Monday. Thank you

Special monthly COMPENSATION, not Special Monthly Pension (as I mistyped it below). If you want to read the specifics, it's 38 CFR 3.350. If your ankle is at 40 percent, that's the same percentage as a below-the-knee amputation, so without knowing your specifics, I'd say you're just about there as far as not having use of your left foot goes.

I think John999 wasn't aiming his comment at you, JHawks, regarding obesity; I was the one who brought up "being fat." This is why I have to be super careful when I participate in a forum like this; the last thing I want to do is sow potential confusion and cause trouble. To answer John999's question, I have seen cases where we have granted service connection on a secondary basis for conditions like sleep apnea due to obesity due to a veteran's service connected conditions preventing them from exercising. While I personally find it unlikely, (a) I'm not a doctor and the guy making the nexus opinion IS a doctor, (:) it's at least plausible, and © I ultimately want to grant if I can. Writing a grant is easier and faster than writing a denial.

[poolguy11550]

I feel my weight gain is directly related to my inability to get around much or get exercise because I have to use a cane and brace to somewhat walk. I would give anything to be able to walk 2 or 3 miles a day. I would give even more to be able to jog like I use to. I loved to jog and push the limits. Kept me fit and kept me at a good weight. I was 160# when I was able to run, walk and exercise. I am somewhat fat.

You are overweight because you simply over ate. That's all. This is the VA's position toward obesity claims. If your unable to exercise, the answer is to eat less. The sleep apnea will go away and loss of the added weight will release pressure on your knees making them feel better. Problems solved.

[broncovet]

JHawks

Of course, I do not know what, if any medication(s) you are on for your SC foot issues, however, some of them may have a side effect of weight gain. If this is the case, then your obesity could well be secondary to the medications you are taking. JMHO.

[john999]

Hey, I am overweight as well, so I am not mocking you. I know many medications will pack on the pounds. I am almost 60 years old and have DMII. If you find a way for the VA to pay for weight watchers let me know. Unless you can run about 10 miles a day you have to watch what you eat and drink when you get past middle age. When I worked doing hard physical labor I could eat or drink anything I wanted and not put on weight. When that helped break me down over years and I could not do that stuff anymore I gained weight. It is not easy to lose it and I know it.

Some of the worst offending medications for weight gain are anti-depressants and steroids.