Temporary 100% Disability???

[Navy4life]

Hi there!  I hope all is well with everyone!  I have been gone for awhile but I am back...

Long story short on 12/24/15 I fell down stairs at my daughter's house.  My left foot (S/C) gave out on me (had surgery - minor on ankle/toe in June 15) and it gave out on me causing me to fall.  I wound up breaking my 5th Metatarsal with a transverse and spiral fractures.  My right foot has had a prior fracture but is not S/C at the moment.  I am awaiting the appeals process for that issue.

I got back to the VA Dallas Hospital and saw my podiatrist.  He indicated I need surgery and I am having it on Wednesday.  I am going to be in the hospital for a day but the issue I have is the fact that this is my RIGHT foot and I will be immobilized for over 3 months.  It might be longer but not sure at this point.  I can't drive with this foot and will be forced to be at home.  I am going to be in a bit of a pickle with this situation.  The right foot is NOT S/C and I thought I read that in order to qualify for the Temporary 100% you have to have the surgery/immobilization on the S/C disability.

The picture attached is from my X-Ray of my right foot....

My question is, can I even apply for 100% Temporary Disability?  Do I have a "leg to stand on"?  If I do, should I get the doctor to type a letter up for me?  How does this situation work?

 

Thanks!

[Navy4life]

I was hoping to hear from some of you :(

I had surgery last Wednesday for repair to the 5th metatarsal bone (see pictures attached)-Warning they are a bit eeky.  The doctor used bone graft for the fracture towards the heal.  I stayed two days in the hospital and was discharged.  I saw my Podiatrist today and he provided a good letter (see attached) for me.  I am currently S/C for my left ankle at 10% - this ankle is a direct result to my right foot injury.  Though I filed to have my right foot/ankle S/C in May 2013, I was denied in November 2014.  I immediately put in for an NOD and have sat ever since.  So here I am today with a busted foot :(

Since I am going to be out of commission for months I am filing an FDC for 100% temporary convalescence disability and I am requesting an increase to my left ankle and hoping they will finally connect my right foot.  Would the rating for my right foot, if granted, be #5283 or #5284

5283   Tarsal, or metatarsal bones, malunion of, or nonunion of:
Severe	30
Moderately severe	20
Moderate	10
Note: With actual loss of use of the foot, rate 40 percent.
5284   Foot injuries, other:
Severe	30
Moderately severe	20
Moderate	10
Note: With actual loss of use of the foot, rate 40 percent.   Thanks for the input and help!

 

 

VA letter -redacted.pdf

 

Edited January 13, 2016 by Navy4life

[flores97]

Navy4life, since your fall was caused by your sc left foot, i see no reason why you shouldnt apply. I have absolutely no experience with the temp 100% issues and rules, so hopefully one of the more experienced members can comment. I am not even certain if it would have to be a sc cause of illness/injury for you to receive the temp 100%, i apologize and i will look that up myself and get back to you.

[flores97]

All right, so it appears the surgery does need to be for an sc issue, however, your issue was CAUSED by your sc foot, so I would submit the claim along with all evidence available. 

[Vync]

Hi Navy,
The "more than likely" wording in the letter looks good to me, but others here will likely give their opinions also. Keep in mind that the VA is famous for screwing up, but in your case I hope they don't.

Did you receive any documentation stating that you will be out of work during recovery?

it looks like the foot is healing nicely. Did they just stitch and tape or did they also use glue to close the wound?

I hope your recovery is without complications!

[Buck52]

check out this link.

http://budgeting.thenest.com/request-temporary-100-percent-disability-va-26609.html

I use the Dallas VAMC also.

 

.....Buck

[Navy4life]

Thank you all for your responses.  I went ahead and took everyone's advice regarding the submission for my temporary convalescence.

I hope I prevail!