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Temporary 100% Disability Requiremnts

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bigdave

Question

I have a 20% disability rating for a service connected shattered right wrist back in 1981. I started having severe pain in the hand about 3 months ago and all of my fingers are pretty much numb 24/7. I went to have tests done yesterday with a neurologist and was told that I had mild carpal tunnel in my left wrist and severe carpal tunnel in the right hand, the one that gives me the disability rating. He said that surgery is highly recommended and that normal recuperation timeframe is about 3 months and definitely in a cast for longer than 30 days. I asked if it was considered part of my service connected disability so I could find out about receiving a temporary 100% rating during the convalescing period. He said it is not his place to make that determination and more than likely would be a situation that would not probably be known if it was or wasn't. Who does make that decision, and if it is determined as service connected, do I meet the eligibility requirements for the temporary rating. While I was at the facility I did go and see the VOC, who said that I would never qualify for the 100% as it was just one hand. He had me fill out a form for an increase of disability percentage, but nothing related to the temporary disability increase. He insisted that there was no temporary increase for my situation even though he said that it is definitely service connnected because it is the same hand that was shattered. I left his office 100% convinced that he didn't know or didn't understand what I was asking. So who decides if it is service connected, and if it is do I qualify for the temporary increase.

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bigdave,

It most likely depends on how they write it up. The VA doctor could either say it is related or it isn't related.

It would certainly be possible to build a case that it is related. http://www.eorthopod.com/content/carpal-tunnel-syndrome-as-a-complication-of-wrist-fracture

Keep in mind a lot of private doctors don't want to get involved in VA claims and / or don't understand the process. Or they think you would have to absolutely prove that is the cause. The VA standard of proof is "at least as likely as not." So they don't have to know for sure that caused it. They just have to be able to say it is more likely than not, or at least as likely as not.

Good luck!

Think Outside the Box!
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