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Ankle And Toe Surgery - Need Help/advice

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Navy4life

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Hi there! So today I saw the podiatrist today for another round of steroid injections to my toe and ankle. I am in a lot of pain and it's not getting better. Years of injections to avoid surgery. Right now I am currently S/C for my left ankle.

The doctor is scheduling me for VA Fee Basis surgery to remove the bone chips in my ankle from my previous fractures while on AD and he is going to have my 2nd metatrasal bone shaved down b/c my morton's neuroma is really bad.

I am looking at 6-8 weeks out of commission.

What should I do? Do I apply for Temporary 100% Disability? How does this work?

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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You should do your research during your convalancent time frame as you will have hours to read up on the ratings. I assumed you could have two ratings, one for 5020 and one for ROM or pain limitations. Others will chime in and I can look around later as well.

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Saints13

I appreciate your response which is very helpful. I am going make sure I do what you indicated regarding my surgery.

When you stated "I assumed you could have two ratings" - what do you mean? I am a bit confused with these rating codes. I know that I am 10% for L ankle synovitis. Are you saying that after I am done with surgery and healing to then apply for an increase to my current S/C ankle disability as an FDC?

Also am I allowed to collect this 100% temporary while I am working or do I need to be off my job for that time frame? If so, I won't be able to be off that much time from work.

I am going to be in a cast but at least it is my left ankle/foot so I can drive.

Edited by Navy4life

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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Two ratings I mean for example the knee. You can have say 5261 for instability and 5260 for painful Range of motion (ROM). Each one gets a rating of say 10% which equals 19 but rounded up to 20% in VA math.

For the surgery due it as close to end of month as possible.

Get discharge paperwork from hospital, a very simple statement from the doctor about the date of surgery, the type of surgery that includes something relating it to your service connected ankle. And the # of months required off work not weeks. I would ask him to include the rehab time in that calculation as well. But keep it short, sweet and in months and can even be written on his prescription pad. Then file those 3 forms online as convalacent leave as an FDC claim as soon as you have those papers which should be day of surgery or day of discharge.

Example: Mr. xxxx has procedure xxxx of the ankle/foot on May 26th and is expected to be out of work for x amount of months.

As far as working that is up to you. You maybe surprised you need the full time off. If not I can't see the problem of working, I did not see it mentioned in the regulations about working during convalacent leave.

VA has a book of recovery time periods for different procedures but those are estimated. My knee surgery they told me at first was only 3 months but the fee based doctor said nope he wanted me off 6 months which included rehab. Rehab for me is 3-4 days a week. I wouldn't be able to have or go back to work but for 1 day of that week.

Do what your heart says to do. Not saying to mislead the VA but we all know on here VA misleads every vet at any chance they can get and lowball every vet.

God bless and hope that all goes well!! send me a message if need anymore help. I just got done with this process twice, one for each knee, Back to back.

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After surgery get all your paperwork from all your injections, etc, dr notes, etc leading upto the surgery and all notes of the surgery and a letter from the doctor on lettered head this time.

saying MR. X had xxxx surgery due to injections, therapy, not working which resulted in surgery. It is in my opinion that Mr. X (diagnosis) has worsened and in my opinion it is more likely than not worsened since his last evaluation or discharge from the military or last exam of disability. Have him write on same letterhead his credentials, expertise, schooling, etc and number of years practicing. Then last statement all is true to the best of my knowledge and you can contact me or my office at xxx-xxx-xxxx if you need any additional information.

After all this submit yet another FDC claim but asking for an increase in your SC disability. And attach all prior evidence and surgery notes, etc and letter from dr on letter head.

Hope all this helps!!!! May God Bless!!!

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I posted this to your other post:

Info on the temp 100% and Temp C0nvalescence

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Thank you saints13 and Berta! I truly appreciate all the help! I think I understand now what I need to do....

God Bless!

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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