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Question #63 I
have had three surgery's on my left ankle over span of 40 yrs. injured in service before I went to Vietnam. Torn
ligament's. I am currently at 20% just before my last surgery June 2014. I was reading
the military wallet on line that stated if your injury has gotten worse you have the right to put in for increased benefits.
I did and just before the last operation they responded back with intent to take away 10% percent as to them it seemed
that the injury had improved. The VFW represented me well in staving off that decision until after the
operation. They then gave a new decision that they would leave me at 20% and stated that it would not be
able to be increased unless it was completely immoveable. The problem is it has gotten worse when the VA
operated in 2014. They told me they couldn't get to one of the bone spurs to remove it because it was under
some ligaments and/or tendon's. Consequently it is more painful and weaker now because of that.
So the question is should I approach the VFW officer and apply for an increase?
A1: Definitely contact the VFW. NO decision s carved in stone
and they should never had said what they did. Remember the evaluators are human also and make mistakes plus, not
all of them have the same knowledge as someone else. Also, find out if the evaluator was qualified to do the evaluation.
Was he or she Orthopedic surgeon or just a Physician Assistant. (LT) 5/22/2016 A2:
According to the 38 CFR, 40% is the most you could get: 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. Be
careful, they have tried to reduce you once already. Requesting an increase allows them to reevaluate you for reduction
again. (AP) 5/23/2016 A3: Anytime that a condition worsens and especially if it
is because of the VA doing the work or operation to it. That is why I will never have any surgeries done anymore by the VA
and put in for First Choice since I live far enough away to qualify. If you have outside medical coverage I would see
and be evaluated by an outside doctor to see if the surgeries the VA did was the cause of it getting worse because of the
VA doctors. Which is most likely and you will need to fight them about it for does it hurt to put weight on it or is
it where it wants to give and cause a sprain if you try to walk. Do you have to use a walker, braces, crutches or a
cane to be able to walk. Do you have any other conditions such as type II diabetes from serving in Vietnam. Were
you in a combat zone on land and if so then you are presumptive for Agent Orange exposure and you could have other issues
as well. Do you have pain in your joints, ankles, knees, calves, extremeties. Get MRI and CT scans of all your joints
to see if you have any degenerative conditions that the VA is not telling you about. I have pains in my ankles at times
where it hurts to put any weight on them and lucky that it goes away but never know when it will hit me again. I would
see a VFW officer and put in for an increase but check to see if you have any other conditions and don't just take the VA's
word for it. You will usually get nothing but lies from most of them and if you can afford it or have outside coverage
get that done and see if you have a lot of health conditions that you did not even know about. I found out from back
in 2005 that I have a degenerative bone and joint disease that the VA kept quiet about it. They give me 10% for each
knee for it but not my neck and spine which supports my whole body which is caused by my type II diabetes from Agent Orange
exposure. I get 100% now and not worth pushing it for would not get any more compensation or benefits but if they take
10% unemployability away I will reopen my claim and go after them for all of it. Best of Luck but put up a hard and
long fight for you will have to. Make sure you put in for all your military records, medical records and don't go thru
the VA to get them if you have medical records at the VA walk in or somehow get in and put in for all of them right at the
medical records department. If you have moved from any other state you will need to put in for every location for the
records for the VA does not forward or share each locations records and you have to request from each location. Sounds
stupid but it is government you know how they work. Not only the VFW to file a claim but write to your congressman about
what is going on as well. You will get a response back in 30 to 60 days about what is going on and why. (JRM)
5/24/2016
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Question #64 Both my parents have passed, my father
eight months ago and my mother three months ago and both were veterans of the Marine Corps and they passed due to agent orange
related diseases. Are there children who are all over 21 and suffer from agent orange
related issues and from contaminated bases entitled to any compensation or benefits? I am disabled due to MS.
A1:
At the moment the only disability available to any child related to Agent Orange is Spinal Bufida. MS is not on the Agent
Orange list of diseases. Even if MS was on the list, only the veteran would be compensated. (CP) 5/22/2016A2: There are only certain conditions that are recognized for children
of Vietnam veterans exposed to Agent Orange. MS is not one of the conditions. (AP) 5/23/2016 A3:
I would contact a VSO such as VFW, DAV about it and write to your congressman. The VA is supposed to give medical treatment
for health issues from Agent Orange but request your parents military, medical records for the times when they served and
conditions over the years. The VSO can help but so can the congressman and if anything can be done then you will find
out what can and wish you the best of luck and you will be fighting a war but on friendly soil. Been doing it for over
34 years me vs VA and finally got 100% so now I can concentrate on my health issues but outside the VA where I get an honest
answer not a bunch of lies. If it sounds like I hate the VA that is putting it mildly for all the lies they have told
me I do not have much to look forward to. Being crippled or dead in 10 to 15 years is not much of a happy future.
So everything I am doing I am doing outside the VA except my medications and follow-up routine exams of my conditions and
letting the VA know my doctors findings outside the VA so they can not say I am not cooperating. Best Of Luck and if
I can help but I do not know if they show the email address to these responses but if they do and you need help email me.
(JRM) 5/24/2016
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