Scar From Ao Surgery

[rufus1]

If I apply for disability due to pain from the foot long scar from AO surgery on my lower stomach area will I have to go to another C&P exam or will they just take it from my medical records where they can see the staples and will they grant it to me since the surgery is already documented? I also have a service connected scar on my chin from where I fell off an F-4J Fighter aircraft that I usually cut open when I shave due to the raised portion of it. Should I also file it in the claim. Thank you for your assistance.

[Berta]

It depends on how long ago the surgical scar occurred, meaning are there very recent med recs on the surgery-and if not - usually they will do a C & P exam.

Scars are rated here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

under Diagnostic codes 7800 to 7805.

You said AO surgery so I assume that you mean you have an Agent Orange condition that you get SC for and the surgery was directly due to the Agent Orange condition....? So therefore the scars are also from the AO condition?

Did you meet the criteria at that time (the surgery) for Temporary Total Disability comp due to convalescense?

[rufus1]

I had the surgery June 2009 and it was due to Service connected condition approved due to Agent Orange (Cancer). I had the surgery at the VA Hospital in Asheville,North Carolina so it is documented. I was paid at 100% for about 13months and then they dropped it to 40% with 10% PTSD and 10% ringing in the ears 49% loss in left and 19% right.

[Berta]

Rufus-

Have you checked the Schedule of Ratings here under the Diagnostic code link to the right of the main forum?

I am just wondering if the PTSD rating as well as the AO cancer rating is high enough.

Are you unemployed? IF so do you get SSDI ?

If a vet gets SSDI solely for SC conditions, that is proof of TDIU- Total Disability due to Individual Unemployability.

Paid at the 100% rate of comp.

If you claim this scar (I sure think you should, and if you feel that medical evidence would show your AO cancer residuals or the PTSD should be at a higher level,by all means claim that too- or apply for TDIU- The TDIU form # 21-8940- is to the right here under Forms.

One of my best friends has AO cancer and he went through a lot as I am sure you did. He also was eligible for some home accommodations to his bathroom under a grant from VA as well as SMC (Special Monthly Compensation)

He is cancer free but still deals with residuals and is 100% P & T and unemployable due to this.

Do you have a vet rep to help with the new claim?

You could add the chin scar but I dont know how they would handle that as to the shaving problem.They might still keep that at a non ratable level.

[rufus1]

Yes I did look at it for scars and it does look like it applies. Yes most people think I got low balled but I do not have anything else to present. I have been placed on two medications since my C&P for PTSD. I do work a full time job and go to the Veterans Service Officer that is furnished by the state of North Carolina but I done all the paperwork and she filed it and had no problems getting the ratings on all three (AO Cancer, PTSD and Hearing). I also get some SMC for residuals due to the Agent Orange cancer. Thank God I am still cancer free also but have a number of other health issues - GURDS, high blood pressure,COPD to mention a few. I was in the old barracks at Parris Island that had asbestos in them and the F4J had asbestos brakes along with asbestos insulation in the engine compartment, black exhaust dust and exposure to the JP-4 fuel , lubricants,exhaust for long periods of time along with the smoke abatement additive used in Vietnam. I checked with my VA doctors about if my Gurds and/or high blood pressure was as likely or not caused or made worse due to my PTSD and they said NO. I also asked about the Copd and exposure and he said no - it was due to smoking. If you have any further guidance please let me know what you suggest. From what I have read in all the post that you answer you give out very solid advise. Thanks!!!!

[evandc]

I get 20% for residuals of AO Prostate Cancer & SMC "K" plus more for PTSD, IHD & SMC "S" award. Is that what you are talking about 40% residuals & a "K" award? No mater what, 10% for PTSD is an insult for a veteran from any war. I would look to increase the PTSD & don't know if there is a lot to gain for the scar but your call.

Good Luck,

Don

[Philip Rogers]

I'd apply for the scar(s), COPD, increase in PTSD, at minimum. Never let someone talk you out of applying!!!! Like evandc stated, 10% for PTSD is a slap in the face! Remember the VA docs work for the VA and many won't bite the hand that feeds them. jmo

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