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Surgery In 2 Weeks....confused On Benefits

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MDB1968NM

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Good morning everyone....

It has been a couple years since I went through the battle with the VA on benefits. I consider myself someone who was one of the lucky ones that had my claim adjudicated in only 13 months.

Here is my situation.....

1. Service connected as a total of 80% (debatable but gave up two years ago)

2. Rated at 0% for Right Ankle Instablilty

My ankle has been blowing out for years....finally I simply cannot walk properly. 18 months ago I blew it out just walking across a parking lot and it took 4 months to see a VA doctor. MRI was taken and my ankle is shot. They said they would schedule surgery. Fast forward to 2 months ago .... I got scheduled finally for an ankle reconstruction! THANK GOD!

In the meantime, my ankle is unuseable....walking more than 15 min or so is excrutiating. Fortunately for me, I have a surgery scheduled at the VA in less than two weeks. What I did not anticipate is that I will have to be non-weight bearing for 3 months!!!! No driving, no walking (Crutches), NO weight at all. To make things more complex is that my right hand has been essentially non-useable for well over 2 years. I got an approval through a non-va (Fee-Based) surgery but I will not be able to do this because I cannot put any stress on the hand.......

So while at the VA a very nice fellow vet informed me that I should ask for an increase in VA benefits because of my ankle surgery.

Is this true? Should I pursue it?

I have a bunch of other issues that my initial claim dismissed but rather than pursuing them I decided to go on with my life. I was sent to the War Related Injury and Illness Study Center a little less than 2 years ago but the complexity of the Rheumatological issues (AKA...they still cant find a definitive cause for my problems) the doctors are still at their wit's end.

My body is deteriorating and not one person can put their fingers on just what is going on.......long story I will spare.

So in the meantime, is there a way to file for a higher disability rating for the ankle surgery? Am I just confused and got bad information?

Thanks for the assistance......it is really appreciated.

Mike

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I will give a short answer and others will help. If your 0% SC yes you can ask for an increase but they will give you 100% temporary for after surgery and then after you have healed they will consider how well the surgery went for your final increase on disability for that condition.....Good Luck...

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Thanks Baker......

How do I find out how to apply for this?

thanks for the help

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If your ankle is service connected at 0% and you have surgery on this ankle, your convalescence period is 21 days or longer, your are entitled to the special monthly compensation. The VA will pay you at the 100% rate while you are convalescencing. You are currently 80% so the VA will pay you the additional 20%. Remember, the convalescence period has to be 21 days.

have your doctor write a letter, that you are having (type of surgery) on (date) and that you will be on (days) of convalescence. Send a copy of the surgery report with your VA FM 21-4138 to the VARO in your state.

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Thanks for the help folks! Yeah I will be in a splint for 2 weeks then when all the stitches come out I will be non-weight bearing (aka no driving either due to the cast on the right ankle) for a minimum of 12 weeks....YUCK!

Thanks for all the help again!!!!

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