Can you get temporary 100% Convalescence after surgery if s/c disability caused it?

[Navy4life]

Okay I know that you CAN get the 100% temp conv. for a s/c disability if you have surgery BUT can you get 100% temporary convalescence for a surgery to a condition that is NOT S/C ?  My surgery was on my right foot fracture AND the fracture was due to my left ankle giving out and that left ankle is S/C.  I have a good letter from my VA doctor stating the left ankle is the reason why I had the injury to my right foot and the reason why I had surgery.  

I have been NWB going on two months now and still have another month of NWB to go.....

Has anyone ever heard of this before??????

 

[Guest]

IMHO, I would not normally tell a veteran to wait but you have a real good IME from a VA doctor that should really help with your claim and you should win your service connection from either your FDC or your hearing. Because your doctor states that your condition is more than likely it should go a lot better than you think.

[Navy4life]

1 minute ago, pete992 said:

IMHO, I would not normally tell a veteran to wait but you have a real good IME from a VA doctor that should really help with your claim and you should win your service connection from either your FDC or your hearing. Because your doctor states that your condition is more than likely it should go a lot better than you think.

Okay Pete so wait until after the NOD hearing to do anything?  I agree that I have TWO great letters from my VA Podiatrist, one for the NOD hearing and one for the FDC claim.  

Is it possible that the FDC will sit until after the NOD hearing?  Meaning I might have the opportunity to add evidence to the FDC claim if the NOD is not favorable?  I understand that by adding evidence to an FDC will make it a "traditional claim". 

[Guest]

I have seen crazy things, if your FDC covers the same thing as your NOD the DRO may address everything but that is speculation on my part. In some cases the DRO will hint at what his or her decision will be.  I had a hearing where the Judge apologized at least five times for the long processing time it took to get my claim through the system and before I got home from a four hour ride, I got a call from my lawyer saying that I had won.  I know it is hard but try to take a deep breath and relax, your VA doctor is on your side and that says a lot.

[Navy4life]

5 minutes ago, pete992 said:

I have seen crazy things, if your FDC covers the same thing as your NOD the DRO may address everything but that is speculation on my part. In some cases the DRO will hint at what his or her decision will be.  I had a hearing where the Judge apologized at least five times for the long processing time it took to get my claim through the system and before I got home from a four hour ride, I got a call from my lawyer saying that I had won.  I know it is hard but try to take a deep breath and relax, your VA doctor is on your side and that says a lot.

FDC and NOD two different animals

NOD - for Right Ankle Sprain; Right 5th metatarsal fracture; and left toe condition

FDC - Increase for Left Ankle; PTSD increase; Eating Disorder Increase; and 100% Temporary Conv. for right foot surgery due to left ankle....

I guess at this point I will just wait it out and see how the NOD goes.....

My doctor is a Veteran himself and is appalled that I have struggled with getting my feet/ankles s/c....

Does the IME really hold that much weight?  I sure hope so....

[Guest]

I don't see you having a problem with your NOD.