This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


  • Topics

  • Forum Statistics

    • Total Topics
      60,324
    • Total Posts
      389,662
  • Topics

  • Posts

    • Almost Done
      Have you checked your AB8 letter on ebenefits? I think it all depends on when your VARO updates your claim information. 
    • Appeal Closed in Ebenefits
      Hello,   I had three apeals for effective dates close on Jan 29, 2016. I received a letter from BVA on Feb 8, 2016 stating they were granting an earlier effective date for my 100% service connection. The original effective date was 2/03/2013 and now it's 2/04/2012. So my question is how long should I expect it to take for retroactive to hit my account? I've won one other appeal through BVA in 2010 for my 50% rating and retroactive hit within 3 weeks of the claim closing. My claim is flagged with hardship. Any advice would be appreciated.    Thank you!
    • New guy...active duty...C&P question
      Got my account upgraded and can read my C&P notes. No where for any of my conditions does it ask is it likely or not for service connection...think that is because I am still active? Every claim was noted as abnormal, with reduced range of motion, except my wrists claim. Also my fatigue and sleeping issue was noted to have been taken care of under my mental health questionarre...Im guessing those are not going to be separate claims, just rolled into the one?
    • TKR; Arthritis and in service fracture
      bronco, wouldn't this warrant a CUE?
    • TKR; Arthritis and in service fracture
      That's what I thought, when he said it, Iceturkee.  It sounded like he wanted me to sabatoge my 2005 effective date, giving VA and excuse to make it later.  Why dont they just adjuticate it now, and admit they made a mistake overlooking it for 11 years?  
    • Car Loan Disability Insurance
      That looks like you got the loans before you were disabled, so maybe.  
    • PTSD with questions
      Do you have a SA DX? If so, linking it to a Future PTSD DX, won't work. The SC causative DX must be in place prior to the Secondary DX. Does your VMC MHV Medical Record indicate PTSD as one of your issues? Do you have a long history of MH treatment that could help in laying a Paper Trail back to your MSA? Is there anyone you confided in or who noticed and commented on a perceived personality or mood change about that time? A New PTSD claim, based on a both non-treated & non-reported MSA from the early 90's, is going to be very difficult. The PTSD Forensic C & P Psychiatrist/Psychologist PhD will be the final arbiter, as to your PTSD DX. Review the VA PTSD DBQ. Semper Fi  
    • Knee Condition
      In answer to your second question, No.  Many/most conditions get worse after service.  This is what applying for an increase is about.  Its not unusual for your conditions to deteriorate after service.  Once service connected, you can always apply for an increase.  It doesnt need to get worse in service to be service connected, tho there is something called aggravation.  Aggravation normally means you had it before service, but it got worse in service, that is, military service aggravated your condition.   Aggravation has no bearing on your claim, once you are service connected.  
    • Knee Condition
      YOu need to get records corrected.  It will save you time to do it now.  Yes, this can negatively affect your claim.  I would bring it to the docs attention, first.   1.579 Amendment of records. (a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either: (1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or (2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official. (Authority: 5 U.S.C. 552a(d)(2)) (b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a. (1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review. (2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office. (Authority: 5 U.S.C. 552a(f)(4)) (c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A)) (d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Mcafee

Reduction In Rating

8 posts in this topic

Hello All Hoipe All Is Well

When I recieved my Rating notice along with something that appears like a SSOC upon one year of convalesense a review of TKR they have speculated a reduced rating by 20 %

I will obtain an opinion of course what I do not understand even with TKR in hopes of a better quality of life and hopefully pain free.

How can the RO make such a statement prior to the year being up? I find this quite arrogant.

Thank you for your feed back

They have also rescheduled a new C+P exam due to the past three exams are and have been found to inadequate and i did challenge these exams and RO never responded because I showed the exams to an outside physician his opinion clearly showed that the exams were not followed according to clinicians guide.

Share this post


Link to post
Share on other sites




I agree they are arrogant but one needs to consider in some cases a TKR leaves minimal or no further disability and the rating could potentially be proposed to be reduced.

My neighbor who mows my horse pastures has 2 TKRs (USAF vet) and seems to think his rating is 40% ( he isnt sure so I dont know if that is correct)

He is 74 and even with other disabilities he still does some mowing and also has 2 volunteer jobs involving 3 or 4 days a week but he has told me lately his hips are giving him problems and I think they would possibly be a secondary SC to the TKP for him.

He seems reluctant to file a claim and he says he gets great treatment from the Bath NY VAMC.

Every TKR situation is different.

They sure cant propose to reduce if some rater 'thinks' your disability rating is too high.

"They have also rescheduled a new C+P exam due to the past three exams are and have been found to inadequate and i did challenge these exams and RO never responded because I showed the exams to an outside physician his opinion clearly showed that the exams were not followed according to clinicians guide"

GOOD FOR YOU. I did that too many times =I challenged them with medical evidence and common sense.It worked .

For my last claim however they disregarded my challenges until I got some IMOs.

The IMO criteria is here in our IMO forum.

Share this post


Link to post
Share on other sites

For those of us 'young un's" what is TKR/TKP?

Share this post


Link to post
Share on other sites

^Total Knee Replacement

Share this post


Link to post
Share on other sites

Gothca. Thanks!

CAS

Share this post


Link to post
Share on other sites

I was under the impression that a TKR would rate no lower than 30% and no higher than 40%, add in that with a TKR you will still have arthritis to some degree which should rate 10% in itself. Altered gait would also factor in with Hip and lower back problems. Scaring is another animal............Conecting the dots are not hard as long as the medical shows the conection.

Share this post


Link to post
Share on other sites

Minimum rating following a TKR, after the convalescent period is 30%. Maximum is 60% if there are chronic residuals of weakness OR pain OR loss of ROM

I would think the only way to get 40% if there was loss of range of motion to satisfy that, otherwise there is no other rating % for a TKR, only 100% for the 12 month+ 1 month of surgery, 60% for the chronic pain or weakness and 30% minimum. No standard for 10-20-40-50-70-80 or 90%

I would hope that they would do a C&P exam before reducing your rating because if you do have the chronic residuals to satisfy the criteria for 60% then the C&P examiner should be taking the records from your orthopedic surgeon or your PCM and give those records much consideration.

My original VA rating contained a 30% for a TKR, even though there was massive medical evidence, including pain management records to prove there was chronic pain & weakness. I had to file a NOD and was later awarded the 60%.

Good luck

Share this post


Link to post
Share on other sites

I had my TKR in 08, and 1 year later they had me come in for the post-op examination. During the exam the Dr examined the ROM of the knee, which he flexed my leg from the knee 3 times and the 3rd time showed less ROM than the first one. I also told him my knee would buckle about 4 times a week with a lot of pain. Three months later, I was increased to 60% which really surprised me cause I never put in for an increase.

What I don't understand is, how can they propose a reduction when you haven't even had your post-op examination yet! Or did you?

The post-op exam usually tells if the surgery was anything less than 100% success. Which means, any residuals at all classifies 30% and could increase to 60% if the residuals allow. "Anything less than 100% success" is their own words in the regs. The fact you still have pain is enough to beat this!

I wouldn't worry to much about this, as they are jumping the gun without any evidence.

Coot

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now