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Femur Issue Claim (part 2)

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Fat

Question

Veteran finally is willing to go ahead and submit a supplemental claim related to service connected 0% femur (thigh).

Can he ask for an increase on the thigh even though it is properly healed?

Or would he better off filing on the residuals (arthritis, leg shortening, scar, knee irritation, flexion (inability to cross legs).

I told him to visit a VSO and allow them to guide him.

Personally will never know how a 18 year old man can be injured in basic training,  have a rod inserted in leg (femur), discharged home in cast, and no one told him to visit a VSO once he got home.

I spoke to his wife and she thinks he suffers from non battle-PTSD.  He has always felt bad that his military career was short lived and always shied away from talking about the incident.

I see flexion (thigh) and scar (possibly secondary) as being  possibly ratable.

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  • HadIt.com Elder

Fat. If his leg continues to give him pain, it sounds like he could either go for an increase, or go for pain secondary to the leg. Be sure you check the diagnostic code he is rated on to see if pain is a symptom for an increased rating. Certainly should get an IMO to back it up. The others are potential, IF he has the symptoms; don't just throw a bunch of disabilities against the wall and see what will stick. All these potential disabilities have symptoms. Scars, for example, have specific criteria such as pain, appearance, volume, etc. Just the existence of a scar does not get a rated disability by itself. He also should consider a MH disability such as depression. He needs a good VSO to help guide him thru the process. 

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  • HadIt.com Elder
15 hours ago, Fat said:

Veteran finally is willing to go ahead and submit a supplemental claim related to service connected 0% femur (thigh).

Can he ask for an increase on the thigh even though it is properly healed?

Or would he better off filing on the residuals (arthritis, leg shortening, scar, knee irritation, flexion (inability to cross legs).

I told him to visit a VSO and allow them to guide him.

Personally will never know how a 18 year old man can be injured in basic training,  have a rod inserted in leg (femur), discharged home in cast, and no one told him to visit a VSO once he got home.

I spoke to his wife and she thinks he suffers from non battle-PTSD.  He has always felt bad that his military career was short lived and always shied away from talking about the incident.

I see flexion (thigh) and scar (possibly secondary) as being  possibly ratable.

I was never told anything about these claims when I got back from Vietnam  Absolutely Nothing, I went for years before filing a claim for depression and PTSD ALTHOUGH  I used the VA after about 10/12 years of my discharged  due to no medical insurance,  I had to have emergency exploratory surgery  one time   and used the VAMC, (ACUTE APPENDIX)  Anyway if it were not from one of the VA Audiologist  and my appointed VA PCP I would most likely not have  known anything about these claims , they diagnosed me for depression  and hearing loss   and the Audiologist  was the one that mention these claims to me.  that was back in 82   I was discharged in 72  some 10 years after discharge .

I went as long as I could before filing a claim  because I was in denial anything was wrong  and to embarrassed to file for a mental health problem  until my spouse had enough  and could not take my anger anymore she mention to my VA PCP about my anger problem  and she sent me to the MH Clinic   there they diagnosed me for CHRONIC PTSD AND Major Depression Disorder  and  Profound Hearing Loss.

Now my grand son was Honorably discharged after completed 4 years in the U.S.Army as a combat medic and after he got out they mention that if he had any medical problems to file  a claim, he was diagnosed with a TBI and chronic PTSD and filed a claim  and is now 29 years old  with a 100% P&T  rating plus  SMC's for TBI PTSD and scars recieved from a RSB./IED

Most of us Vietnam Veterans were never told about filing any claim.  I had mention to my grandson when he enlisted  to be sure to get his medical documented , he seen me having problems  and so he did just that  he had all his medical records  when he filed and was approved first go round on all his claims.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Agree, Buck. When we got out we were told NOTHING. All I remember is someone mentioned to go to the VA for medical care and several jumped on the guy telling him "you don't go to the VA for care. You go there and never get out alive." Unfortunately, I personally know of a couple veterans that this was accurate. I am the first to say they have come a long way, especially since the 90's. BVA; well that is another matter!

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He should apply right now just stated the accident and treatment in services.

And the treatment after service va will order exams.

List the condition as it is on his medical records.

And I would also claim the mental health does he get treatment at va hospital.

I was also let out told. Just told go to va hospital for treatment.

Va Give me a 100.00 a month thought that was it and my medical care. For 9 year not working at hospital monthly. Old veteran at hospital told me I wasnt been paid right.

When computer came around an I could  get info. I apply an point out there errors.

I got my tdiu granted from service.  

 

 

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Thanks for all the answers.

The most important thing is him going forward with the supplemental.

He will visit a VSO to receive help.

According to his wife, the inability to cross his legs (motion) is immediately problematic.

In addition, I think the orthopedic doctor should exam the scar and knee too.

 

I will keep you updated.

🤠

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