Disability Appeal

Don72 · June 18, 2015

Hello everyone..

In lieu of an introduction section (which I do not see), I'd like to say I appreciate all the info and help I've seen while perusing the forum. Sorry if this is long and boring, but I think the back story plays a part..

My name's Don.. prior Army (90-94). Had a fracture from a severely sprained ankle, which stretched the tendons a bit. Was refused to go to sick call, and managed to twist it again on a long march that next morning. Long story short, received the mandatory Motrin, bandaged it up tight, and went along my merry way. As time went on, it became a hindrance, and unless bound tight, would always tend to twist on me. Went to the hospital, and they recommended either surgery or separation. Recommending separation, because of the long rehab times and possible future problems, I agreed and was medically boarded out. DD214 states "Medical disability without separation pay".

A possible key point is that I was never given a physical at any time when I got out.

Went back overseas after separation, and have worked as a DoD civilian ever since. Eventually got with the computer age, and met some old Army friends online who happened to work for the VA. Pretty much called me an idiot for not applying for disability. So, I contacted my hometown VSO, and got the ball rolling.

Claimed hearing loss and Tinnitus

Claimed right ankle fracture

Claimed ankle tendon issues

Claimed flat feet

Flat feet and ankle problems were both listed on my medical board.

After visiting a VA approved audiologist, I was given 10% for tinnitus, and 0% for hearing loss. (Happy with outcome)

All three ankle problems were denied because they "Were not service related".

Just wondering if there was precedence for the denial, like time frame or whatnot, I assumed an exam would take place to verify my issues (right ankle scar tissue and swelling makes it twice the size of my left). I believed that the claim would be cut and dried since the medical board determined it was bad enough to end my career.. but I was clearly mistaken.

Any hints, tips, or recommendations for appealing would be appreciated.

Once again, thank you for your time and assistance!

stnorm23 · June 21, 2015

I'm working an appeal on ankle and knee issues, so I have some experience. Mine is different, in that they were found to be service connected, but the ankle rating was 10% and the knee was 0% (despite an MRI reading that is word for word what is required for 20% when it comes to torn ligaments).

SO....the first thing you have to battle is to get the disability rated as "service connected". It sounds like it is, but you basically need to show that you currently have a disability that is the result of an injury that happened while you were in the service. Might be as simple as using your military medical records. Wouldn't hurt to have a current medical diagnosis from a doctor that states that your "current condition is the result of an injury suffered in 19___ while in the Army". After that, it's a matter of what exactly your disability is......be aware, that it doesn't matter that you broke you leg or rolled your ankle 100 times.....if you can't show that something is wrong NOW, you get nothing. SO.....it sounds like you have issues with mobility or "limited/range of motion". Get your doctor to do an exam and complete a DBQ which will show exactly how much limitation of motion you have. There are places on the form for them to mark that you have pain, weakness, tenderness, swelling and whatever else is wrong. Make sure they include the frequency of the issue. You don't want the VA trying to claim that you only have issues every once in while, if you having them daily or weekly. It would be GREAT if the doctor could use the term "severe" or "marked", because the VA is going to rate the level of this disability as either "moderate" or "marked" and since they don't really define either, they normally go with "moderate" which is 10%. Marked will get you 20%. Hope this helps. Good luck my friend.