S/C for L ankle but R foot/ankle is in appeal status - now I am having surgery on R - need help!

[Navy4life]

Good morning;

I posted in another forum regarding temporary convalescence assistance BUT I have some questions:

1.  Currently my left ankle is S/C and I had surgery on it and my toe this past June 2015

2. Currently my right foot/ankle is under appeals (NOD) since December 2015 after being denied S/C for it.  My SMR's clearly show sprain to the right foot/ankle while on AD so I am not sure why it got denied.

On Christmas Eve I fell down the stairs when my left ankle/foot gave out, causing my right foot to receive two fractures to the 5th Metatarsal (transverse/spiral).  I am scheduled for surgery tomorrow. Since it's my Right Foot I am not able to drive and will be immobile for 3 months in a cast after surgery. My VA Podiatrist indicated that the Left ankle is the reasoning for my fractures to my right foot. This is in MyHealthyVets documents.  My Podiatrist is willing to write a letter to support the temporary convalescence.

Here are my questions:

1. Can I receive temporary convalescence for a non-S/C contention if that contention issue was a DIRECT result from a S/C contention?

2. Since I am in "appeals" status for my right foot, should I supply this documentation to back up my appeal?  My left ankle is the reason I now have this issue with my right foot.

3. Should I file for an increase to my left foot?

A bit confused here...

Please see my X-ray from my fall.

 

[Navy4life]

Hi Andyman73;

Thank you for taking the time to respond.  My L ankle/and left 2nd toe was operated on June 2015. Failed to mention that.  The left ankle/foot has been my issue throughout military and even today which is why I am in the situation I am in regarding my Right foot.  I started another thread in the NOD forum (please feel free to go there) about this b/c I already have an NOD for both L/R feet/ankles since November 2014.  I agree the letter is good but I didn't want to have to sit there and tell him what to type.  The VA doctor's are hard enough to get to help but I am lucky with my podiatrist.  I did apply through an FDC for the temporary 100%  - hoping for the best but not holding my breath.  I have been denied so many times for contentions I am just flabbergasted at the VA system.

Steph

[Andyman73]

Navy4Life,

I would have gotten to you sooner, but it's frowned upon, in my house, for me to spend much time on line.  So I use break time at work.

Was your L ankle SC before the 06/15 surgery? If so, you might have an increase claim for that.

I know what you mean about the VA system!  If my VA MH dr can't or won't write me a favorable opinion in regards to my depression, I will be up the creek with out a paddle for sure!  I had an exam and the hominid wrote he can't see how a minor leg injury can lead to depression, completely ignoring all the pain related entries in my STR for my knees, back and feet.  And ignoring that 3 of my SCDs were granted the day I left the Marines.

Andyman

[Navy4life]

Andyman73;

Yes my left ankle is S/C 10% since June 2014.  So do you think I should put a claim in for an increase for that as well?  Also, can you go look at my thread in the NOD forum????  I have some questions there I think you can help me with :)

I have been very fortunate with the VA doctor's I have encountered that have been more than willing to assist me b/c most of them are former military. My Podiatrist and his assistant are both Veterans so that helps!

Steph