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    • In the middle of a C&P exam for scars, the examiner didn't take any measurements. He sent a woman in after he left, to take photos of my scars.   I asked this person," Why didn't the examiner measure my scars?", as this was necessary to get a fair decision/rating. She left and in a short time the examiner returned.   I asked him the same question. He measured one scar on the back of my neck and none of the others. I even specifically pointed out the ones I wanted him to measure. He said that the rating officer will see the scars from my photos and that is mostly how they make their decision.   That isn't the rules on scar evaluation.   This guy was a P.A.   It was a bad omen when one of the first questions the examiner asked was," What is your current disability rating?" That made me feel like he was going to do all he could to make sure I would never reach 70% disability.   At the end of the exam he stated he was a veteran too.   When his assistant returned once again to take the photos, she began to tell me how my examiner was a really good guy and was serving in the Reserves currently. Took all I could do to bite my tongue and hold back and tell her how he did a hatchet job on my claims.   Finally.... forgot to mention..he checked my ankles range of motion without using a goniometer, or any form of test instrument. Then he proceeded to inform me that I needed to get a medical diagnosis of my ankle condition. I told him that I have an orthopedic appointment scheduled for my ankles the following week.   MY QUESTION IS: Will I have to wait and NOD/appeal the bad exam AFTER a decision has been made? Or is there an alternative such as writing a complaint and/or request a new exam before I get a rating?
    • I know what you mean. It took me about three years to go from 40% to 90% and then another year to hit 100% (backdated to original EED from five years earlier). The 90% hurdle is just probably the toughest for most veterans. It is pretty bad when the VA fails to read records properly (even typed ones) and causes all sorts of unnecessary anxiety and stress in the process. Despite still having heart issues, I have not won SC yet. The docs pulled me off of one heart medication that was actually making the problem worse and it put me into the 0% category. However, I do have two other claims that I know can be increased if I filed now. One would go from 30% to 40% and the other from 30% to 50%. I talk with my wife periodically about filing for all three, but she doesn't want me to rock the boat. She told me to wait until I retire.
    • Hey Buck52 Do you have the contact information for the manger at the RPC?  
    • great information. thanks!
    • Vync: I'm trying to get to the 100% mark but I'm learning to be more patient that it will eventually come. I know you fought your heart issues for some time and they really lowballed me on that...the hand written notes have hurt not helped me much...my PCP is nice but he would never translate the records for me.... Take Care, Rootbeer22

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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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