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Claim increase


william jones
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Good afternoon. I’m new here so please bare with me. I have a question if someone might guide me in the right direction. I served in the Army from 93 to 96. I think in 95 I had reconstructive ankle surgery due to stepping off the edge of the road sometime in the middle of the night and tore it up. It was a 25 mile forced road march. I was 11b. Anyway had the surgery then separated in September 96. Everything was going good. Started a career in early 97 and still on the job. Back in 2014 I was told I could file for disability due to the injury and having to have surgery. So I did and received 10%. Around the beginning of 2019 I started having a little pain at the end of the day. I stopped jogging and started only exercising every third day when I was at work ( walking 4 to 5 miles). I have a coworker who advised me just recently to file for an increase. So I started reading about it. I honestly didn’t know you could do that. I figured you got what you got and that was it. So in my reading I read that it was possible to get denied and possibly lose what I was already receiving. Now backing up to this past year. I never really said anything about the aching in my ankle because I figured it came with the territory and old age (48). So I would just take Advil for the aching and I delt with it. I have not been seen by the VA since 2014 but I do have an appointment with my regular physician tomorrow about my ankle. I guess the repair was two ligaments that are on the outer part of the foot just in front of the ankle. Not sure what the procedure is called. I did and still do have limited movement of the ankle but at the end of the day there is virtually no signs of swelling but there is aching pain. So I guess I’m asking if anyone has been through something similar and guidance if I should proceed or am I wasting my time? Any advice would be appreciated. Thanks again.

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Dont be afraid  to file for an increase:

Many or most of us have filed for an increase (I have).  I went from 0 percent to 40 percent to 100 percent, over a period of 17 years.  

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Welcome to Hadit!

Great advice from @broncovet.

Below, you will find a link to the current rating criteria for the ankle. 

Further below, I included some helpful information rating increases, plus something that is very important and often overlooked: secondary service connection. Remember the ankle bone is connected to the shin bone and so on, so if you started having problems develop elsewhere, consider secondary conditions. Did you happen to develop acid reflux? If you have been taking advil daily for a long time, it can do a number on your stomach.

 

 

§4.71a   Schedule of ratings—musculoskeletal system

Quote

The Ankle

    Rating
5270   Ankle, ankylosis of:  
In plantar flexion at more than 40°, or in dorsiflexion at more than 10° or with abduction, adduction, inversion or eversion deformity 40
In plantar flexion, between 30° and 40°, or in dorsiflexion, between 0° and 10° 30
In plantar flexion, less than 30° 20
5271   Ankle, limited motion of:  
Marked 20
Moderate 10
5272   Subastragalar or tarsal joint, ankylosis of:  
In poor weight-bearing position 20
In good weight-bearing position 10
5273   Os calcis or astragalus, malunion of:  
Marked deformity 20
Moderate deformity 10
5274   Astragalectomy 20

 

 

 

 

 

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Great news above but the bottom line is even with knowing the regulations you the veteran must be satisfied with the outcome.  You the veteran must feel comfortable with the rating that the VARO sets if not then you must appeal. Keep in mind that these handicaps/disabilities are your help to overcome any limitations or short comings with work employment.  Most veterans will not overcome these conditions and could make a lot more money if they were healthy and employed.

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On 1/26/2020 at 2:59 PM, william jones said:

 So I would just take Advil for the aching and I delt with it. 

Stop taking NSAIDs, they only block the pain and can ruin your kidneys. Which means you're injury won't heal properly. Sounds like you need to see a physiatrist.

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