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Va Beat Me Down, Time To Limp Away And Move On


Thanks you to everyone for their support and ideas. The time has come to stop the addiction to the forums. My review claim was denied when I know it should have been approved. Good Grief, it should have been a no brainer. I have been prescribed a brace to support a malunion of my tib-fib on a SC ankle. I had all the medical records to support the claim. They say my ankle is stable enough not to need a brace even though it was prescribed by both a pediotrist and Ortho Dr. I don't have it in me to file an appeal and let this drag on for years and years. They beat me down and I need to limp away before I go nuts. Thanks everyone.

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Dont give them the satisfaction!!!

As others before me noted, File an NOD, request a hearing and go live your life. The time is going to pass anyway. We are not so different, you and I... Just 6 weeks or so I was at 40% and like others, had been fighting this for years, 5 for me.

They blatantly falsified C&P exams- said I had antalgic gait then said gait was steady all in the same report. Said a statement made by me doctor wasn't made by the doctor but by an student physician's assistant and that the comment was "erroneously perpetuated throughout the record." Said I didn't have shoe were that they had photos showing I did have, said I didn't have shoe inserts that were prescribed by VA and I had worn to the exam- probably why they said they didn't want to see them... It's a lonnggg list.

Then I actually got my rating but due to the retro required 3 signatures and a person at the VARO with my file was just holding it and not passing it to anyone to sign! It took my TX vet Rep's supervisor going to the top VARO supervisor to make the so & so let go of it. Took them 2 days to finish after it was held for a month or more.

But here I am today, 80% actual and 100% by way of IU.

But you quit now, you lose-they win. For Crise sakes, don't let it happen!

You ain't the first to be fed up. Lord I know. Times I wanted to quit- I just didn't have any choice. but if nought else, hand it over to a lawyer, vet rep, wife, brother, cousin, neighbo, somebody, Anybody- Just don't quit.

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When I got denied, I got depressed, but then I got p***ed off. I knew I had a good claim, because my VA psych doctors were the ones who told me to file it. This is when I first found HadIt, and started asking questions. After receiving much needed advice and support, I contacted a NOVA lawyer, who told me I had an open and shut case. We filed a NOD, and the waiting began. Imagine my surprise when the VA decided to award me 100% without going to a hearing.

None of this would have happened if I just gave up and let the VA win with the battle in their ongoing denial war. I have also been denied by SSA for SSDI, and appealed that because the SSA denies most applicants the first time around. Even though they are messing with peoples' lives, it seems like just a game they play.

Deny, deny, and hope they die... :D


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Please dont give up!!!!! It took me 5 years and the folks at this website and I finally went from 10% to 80%! Do your research on this website, it has everything you need. It wasnt easy for me but after working with the Hadit folks they helped me get it done. Hang in there brother.

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Ok, I have backed off for a few days to get my poop in a group and respond. Thank you all for your encouragement and the slaps on the back of my head in order to get my attention. You have no idea how much I appreciate your blunt and sometimes "in my face" comments. Sometimes we all need to be grabbed and shaken into reality. I asked for reconsideration of my original claim and this is their response to my request for DRO. Here is exactly what the VA stated in my denial letter in part: "The diagnosis is status post trimalleolar fracture, left ankle, with post traumatic arthritis with distal tibular deformity." The evaluation of status post trimalleolar fracture, left ankle, with post traumatic arthritis with distal tibular deformity is continued as 30 percent disabling. (38 CFR 3.321 (a); 38 The current 30 percent evaluation is based on malunion of the tibia and fibula with marked knee or ankle disability. A higher evaluation of 40 percent is not warranted unless a brace is required because of nonunion and loose motion" I looked at the rating schedule and under diagnostic code 5262 it states : "Tibia and fibula, impairment of: Malunion of: With marked knee or ankle disability ------------30% It looks to me they didn't rate me for the listed post traumatic arthritis, post trimalleolar fracture and distal tibular deformity were not part of the 30% for the Malunion with marked knee or ankle disability. Botton line is they continued my 30% rating on my left ankle.

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Another point I forgot to mention. I am required to wear a custom made brace for my ankle (Arizona Brace) and use a cane due to the malunion. I understand that malunion is not a nonunion as described in diagnostic code 5262.

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