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hernia

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overthere

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have no idea how I got here, or what forum Im in.  Just says "ask new question".  I cant find a list of things, I cant find how to use this site.  It just sends me into the twilight zone.  here goes.

injured in Vietnam 1970.  booby trap explosion foot or two in front of me.  exploratory laparotomy, multiple shell fragment wounds w/bowel perforation, colostomy for a few months.  9 inch vertical scar from just above belly button on down.  severed major artery repair left groin area,  blood transfusion.  injury abdomal wall muscle.  awarded 0% for abdominal wall muscle injury.  10% for the multiple sfw/bowel perf/temp colostomy.  artery repair surgery never mentioned.  time marches on, had other injuries, eventually awarded 90% then unemployability 1984.  1998, surgery for ventral hernia same area, some type of medical "patch" stitched in.  always thought hernia surgery probably related to the other stuff, esp the abdom wall muscle injury.  once saw on ebenefits  the DAV rep made note of it.  nothing about an increase, new injury, etc. dav reps I had never seemed very good.    recall dav rep telling me things like "better than nothing"...."not bad, huh"?   but, long story short ...too late for that...hernia thing/abd wall muscle injury always bugged me, seems it would be related, guess ther dav rep never thought so.   I would often read to keep an eye on things even if rated 100%.   always felt stigma of 'nam combat vets looked down on by society and the system, let lots of things slide.  this is just one of them I've wondered about when I feel the discomfort in that area.  I've rambled on long enough, Im sure this is quite a minor thing compared to most issues on here.  thanks for listening.   hope I can find this spot again to see if anyone had any thoughts, not sure where/how I got here. 

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not sure (again) if I clicked in the right spot.  so many things, so complicated, I get overwhelmed.  Even tho p+t 100% (90%) tdiu for long time, feel bad inside, sorry I didnt complain about bunch of things I now wonder about.  let things slide after the tdiu.  even tho no more $$$, would be nice to feel that I got due notice for my service as my time comes to a close.  and things dont usually get better with age.

this hernia thing be easier for me to look into than other things, I'm not good at this stuff.   va doctors said to make note of the "0%" injury to the weakened abdominal wall muscle, that was '78, then the 'ventral hernia repair w/mesh" in '98 after the 'bulge' in belly got uncomfortable.  so kinda seems like more than a "0%" for a hernia repair?  really never thought I got a fair shake on that whole deal, getting sliced open like I did, and just 10%.

you guys think there's anything there?  my (bowel?) broke thru the ('0%') weak abdom wall, needing the mesh patch/hernia repair.  vet service rep thought it was nothing, but it seems I never got one of the good ones in the past.  would it be a new claim?...or an increased claim?...secondary?...stuff I was reading makes it look like you have to do tons of research just to figure out the right name for the claim.

semper fi, good luck to all

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You are well over the 20 year VA protection rule just like me with P&T TDIU since 1998.  I was recently awarded OSA Sleep Apnea service connected secondary due to my very long TERM  PTSD and PTSD medications since 1985.  This recent award automatically qualified me for SMC-S (NICE!!!) so I SAY file for any and all additional disabilities you may qualify for and want.  You have nothing to loose just like me.  I also have 30% for Agent Orange Vietnam Heart Disease and this may be increased to 60% soon.  Have also filed for additional disabilities due to other service connected disabilities.

A well experienced and motivated VSO from DAV, VFW, AMVETS, American Legion, etc. hopefully will be of great help to you going forward.  I hope you can find one???

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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If you are already rated for a hernia you would just file a 526ez, asking for an increase, and then include whatever medical stuff you want to use as evidence- private records we can't get automatically, we need your permission, so you would also want to include a 21-4142/4142a. The 4142 is the 'permission' for us to seek records on your behalf (make sure you SIGN it! 🙂). The 4142a is where you list the providers. If all your providers are just VA then we will get those records automatically as part of the claim, but on your claim for (the 526ez) maybe give a few approximate dates, or at least years where the new evidence starts- it makes it easier to find for you. 

You don't have to get super specific about what you call it. A good rule of thumb is that for increase claims just claim it as whatever its called on your decision letter. For new claims if you have an exact diagnosis you can put that, or at least something like "Left leg injury" or "right arm numbness" etc. If you think it is something that is new and related to an issue that you already have claimed as service connected, you can put 'secondary to' or 'caused by' or something to that effect so we/the examiner know how you think they are related. It doesn't have to be direct medical terminology unless you have an exact diagnosis- I usually tell people to keep it kinda vague. 

 

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dont think I state things the right way, end up getting people, and myself, mixed up.

Im not rated for hernia.  rated "10% residuals multiple sfw with bowel perforation", from the belly injuries from the b-trap explosion (sliced open, colostomy, etc I already stated).  think I remember I tried for more, got denied, but they said the weak abdom wall muscle should be noted....later rated "0% injury abdominal wall muscle".  then eventually, "post Vietnam laparotomy...ventral hernia repair with mesh/continent abdominal binder/follow up 10 days to have staples removed".  remained at "0% injury abdominal wall muscle".

vet svc rep was notified about it back then, but that was it.  so I had 0...went to 0% serv conn...then get hernia/surgery.  that's that.  guess my 'let it slide, suffer in silence' routine isnt very good.  early experiences with the people involved made me stay away, barely ever complain, etc.   so...is this not a real issue, does it sound about right the way it was done?  another vet I know said 'the system' treats us much better these days.  sure couldnt be much worse from what my old memory can still recall.

semper fi, good luck to all

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so does this hernia thing sound like something worth checking into?  I've had a 'rough time' over the years with this process, not much help from vet svc reps, etc.  feel like I want to be sure I get due justice for what I went thru, but dont want to clog up the system and contribute to delays and backlogs if it's just thought to be a real non-issue.  and Id like to be able to figure out how to handle it without a svc rep because of the poor service I felt Ive had from them in the past.  but the tech type stuff, the right form, using the right terminology, etc, really does baffles me, and that stuff I guess is pretty basic for them.

semper fi, good luck to all

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Here are the ratings for Hernias. If you have residual symptoms then yes, you should probably file. 

 

  • 60% – large, postoperative, recurrent, not well supported under ordinary conditions and not readily reducible, when considered inoperable
  • 30% – small, postoperative recurrent, or unoperated irremediable, not well supported by truss (i.e., a supportive undergarment), or not readily reducible
  • 10% – postoperative recurrent, readily reducible and well supported by truss or belt
  • 0% – not operated, but remediable; or, small, reducible, or without true hernia protrusion

All other types of hernias are rated under 38 CFR § 4.73, Schedule of Ratings – Muscle Injuries, Diagnostic Code 5326.

Edited by brokensoldier244th
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