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    • Is There A Request For Reconsideration At the Local RO Level
      We had here not only a DAV VSO but also a lawyer who gave the wrong advice on this issue. The lawyer stated about a year ago here that there was no such thing as a Reconsideration Request at the VARO level.. He has since become enlightened.  and will remain nameless...because many of you recall that post. I wonder how many vet claim he handled that could have been resolved with a Recon request at the RO level, but they are probably still at the BVA by now. I won one too at the RO level a few years ago,. The DAV NSO however advised us that the DAV had a DAV template  for this type of request. for years ..they knew it could be done at the VARO level....however the DAV VSO (who also shall remain nameless but all above posts are still here) argued with me that a recon request at the RO level stops the NOD clock. Of course he was wrong and I had to post many many BVA denials whereby the veteran found out too late that they still had to file a NOD if the VA did not favorably act on their reconsideration request---within the one year NOD deadline.   The BVA denied them because their NOD was NOT filed in timely fashion. If any vet he told this NOD BS to, eventually succeeded in a re open or newer claim, perhaps they could recover the years of comp they lost, if they sued the DAV NSO,with proof of the wrong advise he gave them. The NSO left us and went to another vet's site. Actually most of his advise here was very good. No one knows it all....and after decades of VAOLA I am still learning too. But I have a gripe. When anyone here makes a statement that appears to be directly from a VA regulation, give us the Link please! And make sure it is current. I saw a post here on 2 outdated regulations. so rime ago. Maybe I corrected it or maybe I didn't.....anyone here who understands the AO regs knew it was wrong anyhow.  
    • C&P Exam Results, WTH is going on, Please Help!!!
      UPDATE 5/5!!! Well Yesterday the Claim Completed, but I see no Change in Disability Ratings, and my Benefits Letter still states 100% P&T with no Future Exams. SO I still dont know what the Heck is going on, Hopefully the BBE will be here soon So I can see what crap the VA is trying to pull. Thanks again guys  
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Would you agree that this is new and material evidence? 
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Berta, i found this old post from 29 jan 15 and it brought back to mind what happened at my C&P...  My other c&p was for joint pains and hip pain and to be honest i almost walked out on that one, because she was a practitioner and she made me feel like i was confused and maybe so, but she said what joints and when i told her she kept interrupting me and stating that i was already service connected for that so what joints are you claiming. So after i said neck and elbows she did the ROM on everything and poked me and said she was done. It lasted about a hour. Then i went for neck and elbow x-rays and was finally able to get out of that place. So who knows what the outcome will be. . I don't know how this hip issue went from a service connection issue to a secondary issue?  
    • Social Security disability
      UPDATE: Well I met with my lawyer and went over my application for ssdi they said i have a slam dunk case but with my pension I fall under the windfall elimination provision .that means my benefits will be reduced by 80% so much for paying into the system sorry for the rant do I still go for the 20% on my own or with the lawyer thanks all 
    • NOD / DRO or TARP?
      And please read over the 2010 PTSD regulations here. I didn't see PTSD claimed at all on the 2009 denial. If it had been, that would have put you into the pre 2010 PTSD regs...but Gastone is correct. I thought at first you had been grandfathered into the older regs but I was wrong when I read the download. I assume they sent you a 5103 waiver or something that indicated they needed info on your stressor. If you consider filing a new claim ,I would if I were you, state every possible theory of entitlement, such as depression and acquired psychiatric disorder, as well as PTSD because that way you are not locked into solely the PTSD criteria. I began helping vets with claim in around 1984...predominantly PTSD claims due to the Vietnam War. I found at that time the VA wanted to read about Blood and guts.and detailed horror stories of Vietnam stressors, many of which were stressors the veteran and/or JSRRC  could prove. The new regulations only account for "fear" and "Close proximity to hostile fire" as supporting a stressor description. Still they need to have details on your stressor, that would support those above 2 factors. "but I had documented stressors (Combat Action Badge and serious incident reports" Did they have the incident reports?      
    • E-Benefits Status
      Welcome aboard and it is very common for the Status to go back and forth. I had 1 claim sit at Prep for Notification for over 2 months, then go back to Gathering of Evidence. Ebenefits is a great tool to use, but not always 100% up to date. The main Days to look at the site is Mon and Fri, where the statuses usually change. Do you have access to MyHealthEVet, and if you do post the C&P exam results here, and we can give you a more accurate guess. I am SC for PTSD and TBI, and they were not Deferred. As long as the Medical Evidence, or Scans are there then the VA will grant SC. Good luck and keep us posted. God Bless
    • Lots of issues
      Welcome aboard and glad to see you are learning about the process. It is too hard to try to figure out when claims will complete. I had a C&P 2 months ago and the claim just completed yesterday. What is the Current status of your claim? Do you have access to Ebenefits? Do you have access to MyHealthEVet? Good luck and keep us posted, God Bless
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      That is even better than 2013 , if there is a 38 CFR 3.156 issue here.
    • CUE? Not using SMR?
      Asknod correctly advised on the third 'prong' of CUE, as the BVA calls it: "Having proved CUE, all he has to do is show that the error manifestly changed the outcome. " Therefore someone has to figure out what the combined 10% was for, it seems to be for SC. An additional problem is the word "combined" on the rating sheet. The foot disability rating, determined by the established evidence they had at time of this decision had to warrant a rating of at least 10%  , on it's own, and not "combined" and thus  'Manifest' the outcome of the decision, under CUE, as erroneous.  I think there were more pages to this rating sheet. And I agree this is for an attorney to deal with.I suggest you print off the thread here on this issue as the attorney might want to consider some of our comments.              

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Kirk

Kidney Transplant

11 posts in this topic

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

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Many people have tried to predict "what the VA will do" without success, in part, because the VA is famous for applying, or not applying regulations, in an inconsistent manner as they see fit. That being said, I dont think they will reduce your rating... I think they have to have "material improvement" to reduce a P and T rating.

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"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.

Before I say anything more, have the doctors said anything about still needing dialysis (even if it's just LESS dialysis?) after the transplant?

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

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"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.

I am 100% Permanent and Total AND Service Connected. You may want to check your Info.?

David

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You answered your own question. If the regs state that your condition will be re evaluated and you are no longer on Dialysis, then you should amd most likely be reduced to a level of disability that commesurates with your condition.

VA Comp may state Permanent and Total but nothing is permanent and total unless you fall under the 20 year rule.

There are protections for 10 years also but these protections are for severance of Service connection and do not touch periodic adjustments due to re evaluations.

James is actually correct as Permanent and total does not mean that the VA cannot examine you at will and reduce you upon improvement of a condition. Permanent and total for compensation purposes just means a condition is considered to be static with little room for improvement, but with a transplant, wether it be heart, Kidneys, or lungs, as long as they are successful does improve the conditon.

Hang in there.

J

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The regs say you are to be reviewed one year post op after a kidney transplant. The good news at best is that you're off dialysis and have at least one functioning kidney. The not so good news is that the VA will want to reduce your rating to 30%. I was working with a veteran who the VA overlooked for that one year post-op C & P exam, but they caught up with him 12 years later and ordered the examination, and then proposed to reduce him. The regs say that if a veteran has a rating for five or more years, the VA must prove evidence of sustained improvement, and it can't be based on just one exam. It also states that the follow-up exams must be as thorough as the original C & P exam that resulted in the vet's 100% rating.

He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

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He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

VAF

You hit the nail on the head. Although he is better without dialysis he still has a foreign kidney and lots of problems associated with them.

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The VA has to follow certain rules to reduce you. One of those is that they have to give you 60 days notice, also giving you a chance to protest the proposed reduction. One attorney recommended that, if the VA does send you notice of a proposed reduction, you ask for a hearing. One reason is that the time for a hearing gives you time. Its kind of nice for Vets to be on the recieving end of these long delays for a change. That is, you keep on recieving your benefits while the Va is scheduling you a hearing.

Probably some of the most credible information available about VA rating reductions is offered by Katrina Eagle, a Veterans attorney. Try this link:

http://jimstrickland912.com/Reductions.html

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Having read Katrina Eagles article again, I find it very interesting that, in reduction cases, the VA schedules a hearing in 2-3 months. However, if you are waiting on benefits, then it will probably be 2 to 3 years. All of the sudden, the VA finds a way to cut out the delays when it comes to rating reductions, but when it comes to approvals, the VA finds a way to delay. No wonder Vets are upset.

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Thanks to all who answered,

Broncovet, thanks for that link, very useful info there.

Kirk

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I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

Kirk, I saw your post and just recalled that some patients get hypertension after a kidney transplant. If that happens you may want to consider filing a claim to service connect hypertension secondary to your service connected kidney condition.

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