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    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.
    • I have no idea what the letter is regarding and what it says.  Until then, I can't give you an answer.  I was simply making sure the other poster that stated what he stated understood that if the VA erred on a disability rating and the Veteran was getting over paid for it, the Veteran is not obligated to pay it back.





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.

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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.

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

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^Total Knee Replacement

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Gothca. Thanks!

CAS

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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.

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