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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

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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 I saw a post here on 2 outdated regulations.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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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!


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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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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

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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.


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