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    • I don't recall ever seeing a post here on Hadit or for that matter, anywhere else, regarding the NODing or appeal of info in a Vet's C-File. Now I have to look back at my C-File Copies (Paper) received 01/14, check out the cover letter for the "60 Day Appeal" notification. Buck, of more interest to me, how current was your C-File content? If your still within the "60Days," how about filing a C-File NOD, just to see what happens. You can always cancel it or let it Die but we would then know exactly how the RO's handle it. Do we get the option of a DRO Review/Hearing or what? Would be interesting to see the VARO response to your NOD Filing. When I received my Paper File 01/14, last copied pages in the 9 in stack, ended with the Date of my FOIA  Request, about 08/12. I don't recall seeing any Rater's notes, notations on any pages or discussions and I had (2) DRO Hearings pending. I'd have to say, based on my experience reviewing my VAMC Med Record on CD vs  paper copies covering the last 4 yrs, reviewing your C-File for inaccuracies on a CD while not enjoyable, definitely much easier than thumbing through a 1++ Ft stack of paper. Definitely a doable task of a relatively short duration. Semper Fi
    • Natalie, you are right! It is Never about the money. Some people just do not understand what 'compensation' really means. "August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error" That concerns me because : "Discharged in June 2010 claim filed previous month." If the MH issue was claimed in that 2010 claim, I just hope the NOD error does not mess up your EED. ( Claims filed within one year after service, when awarded get the day after discharge as the EED) You sure might want to consider the retro to help with  any IMOs/IMEs you might need. When the SOC comes, you will know more. I am anxious to see what statement they made about potentital TDIU. You have had a Victory!  But it is not a complete victory yet.
    • OMG Andyman that is awesome!  Hopefully it won't take too long to get the retro but I am thinking it might be a bit since it's going to be a big payout.  I can't imagine what that is going to be for 10 years!!!!
    • Tomas89031, Thank you for your suggestion.  I was quite an active member on HadIt years ago, but I had to choose between here and devoting more time to a different board dealing with problems people encounter with the Social Security Disability Process that was in more need of my services.  I chose the latter, and established a section for veterans.  I am not the board's owner, but I am the main Administrator of the site now.  I have been able to recruit a team consisting of a co-administrator (to cover for me, when I am not available) and four Moderators.  The board now runs smoothly and I only step in to be the heavy, and issue warnings to or banning members who violate the Terms Of Service they agreed to prior to joining that board. Now that that board runs smoothly, does not mean that I am leaving it.  I will still do that too, but I am not 'needed' as much as when it was just me and the owner running it.  So I was looking for other things to occupy my time.  Full-time employment for me is not an option as I have been inpatient and wide awake for 12 1/2 days.  On day 8, the Chief Psychiatrist had a meeting with me, and told me that I was on enough medications to sedate two people, but he could not tell I was on anything.  I informed him that in full manic mode, I am unaffected by medications.  Due to my severe Obstructive Sleep Apnea, they were afraid to induce sleep via IV medications, so they let my period of mania run its course until I finally fell asleep for six hours.  Last night was a good example of what I deal with.  I went to bed at 12:30 am after taking my nighttime medications, and the last time I saw the clock before falling asleep, it was 2:30 am.  I woke up at 4:15 am, and I am up for the day.  Per doctor's orders, I will lay down to rest my body around 1:30 to 3:00 pm, but I know I do not normally fall asleep for an actual nap.  This therapy combined with adjusting my daily medications, adjusted according to how I assess my mental state, helps to prevent more frequent breakouts of mania, where I do not sleep at all for days.  Those still occur, far too often than the VA psychiatrists like to see.  That is why they have thrown their hands up, and I was approved for the Veterans Choice program to see Bipolar Specialists outside of the VA. What I am looking for is feedback critiquing my logic and plans for becoming a useful member of society and becoming self-employed: barriers, suggestions; anyone having prior similar experiences, etc...
    • Still haven't heard from the NOVA lawyer, but called his office, lady said that emailing him goes to a general inbox, which he gets to when he can.  I gave her a little rundown, and she said she would email him to look at me emails. Checked ebennies, just for shits and giggles.  Saw that my "entitlement" claim and EED were no longer listed. Checked the dates of SC for my disabilities, saw that the SC date for my feet has been changed to 03/01/2006!!!!! So, now I wait to see what the retro $ looks like.  Still haven't told my wife about the entitlement claim change, or anything else pertaining to this.  Cautiously hopeful...could be a really good summer...  

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3 years to retire

Knee Replacement And % Rating

12 posts in this topic

I have a 30% knee service connected va disability. I talked to the DAV guy at the VA hospital about having my knee replaced by my private Dr. (OWCP will pay 100%). I am hoping to stay off of work for about 3 months. I have two months of leave I can use.

DAV guy told me this:

1) when I get my knee replaced it will " automatically approved when requested" (when we file for upgrade) take my rating to 40% - the highest it can go. I will be Max out on my left knee.

2) while I am off of work and having my knee replaced, I will get 100% disability (when we file for it) for several months - it will just be temporary for a limited time - "automatically approved when requested."

Is this information correct? Any information I should know before I go for the knee replacement?

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3,

I think you should be very careful about who you intend to seek compensation from, if OWCP has approved this injury and it is also service conected I think you may find yourself in a pickle if you claim full compensation from both, as I beleive one will offset the other, and at some point you will be forced into making a choice.

Personaly since you are close to retirment , I would go with the VA, as they will grant up to 12-13 months of 100% for a knee replacement, without to much hassle, and you could save your leave in case of complications, or use it in conjunction , that is up to you.

I belive the 40% might be correct, if that includes a arthritis rating, I was always told it was 30% for a new knee period, but I have not had mine yet due to other problems that mat have occured, and my age, so I am not positive on that, and it was several years ago when I looked into this.

John may be able to chime in on this , but I think you are treading on some thin ice as to the OWCP vs VA, and you should look into this further before making that selection to see where your best option lays between the 2.

I understand with OWCP you get your doctor , and in the end some good shorttime $$, but with the VA you get less $$ but for life, personaly I would use my own insurance if I could and go with the VA, and get away from OWCP as fast as I could , but only you know your finance's so , just be careful and CYA.

Edited by JR Reihs

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JR thanks for the information. I am currently working and am not receiving any money from owcp. I found out that you cannot received money from both for the same injury. But, I do want my owcp (private) Dr. to do the operation. He will charge owcp but I will not receive any money. I will use my Sick leave for two months and then request leave without pay (lwop) for the rest of the time I am off. I might use owcp for rehab. I trust the owcp ( private) Dr. and feel he will do a better job than the VA. As I stated I will not draw any $ from owcp. I agree with you and will continue to collect VA disability. Do you think I could cause trouble by using my owcp dr., etc, while drawing va benefits, and without drawing any money from owcp personally? I just want to use the dr. and the private hosptial. The DAV saw no problem with this, but he felt that I could collect owcp and va at the same time too. Which I do not think I can. So that is why I am asking everyone.

I have in the past turned all documentation from my owcp dr to the va and have told them about me seeing him with owcp paying him several times a year. Plus I use him for my pain pills. I have made sure my VA dr knows all of this. I am not recieving any $ from owcp and I am still working. Hope this clears this up a little. Your advise is right on about receiving $ from owcp and Va at the same time for the same injury. Thank again.

3,

I think you should be very careful about who you intend to seek compensation from, if OWCP has approved this injury and it is also service conected I think you may find yourself in a pickle if you claim full compensation from both, as I beleive one will offset the other, and at some point you will be forced into making a choice.

Personaly since you are close to retirment , I would go with the VA, as they will grant up to 12-13 months of 100% for a knee replacement, without to much hassle, and you could save your leave in case of complications, or use it in conjunction , that is up to you.

I belive the 40% might be correct, if that includes a arthritis rating, I was always told it was 30% for a new knee period, but I have not had mine yet due to other problems that mat have occured, and my age, so I am not positive on that, and it was several years ago when I looked into this.

John may be able to chime in on this , but I think you are treading on some thin ice as to the OWCP vs VA, and you should look into this further before making that selection to see where your best option lays between the 2.

I understand with OWCP you get your doctor , and in the end some good shorttime $$, but with the VA you get less $$ but for life, personaly I would use my own insurance if I could and go with the VA, and get away from OWCP as fast as I could , but only you know your finance's so , just be careful and CYA.

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3,

It is a sticky situation you are in for sure, but as long as you are giving the VA the information then you should be ok, i do not trust what the DAV said about it, it is possible, but it could bite you later, but since you are still working and do not intend to file LW with OWCP then it seems you have a good handle on this.

Good luck to you.

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I checked with my doctor and he has decided that I should do a knee scope. It will be an out-patience operation. OWCP will pay for the operation. As before I will not ask for any money for compensation from owcp. My question now is how will this effect my VA disability rating. I am 30% now on my knee, and can go to 40% at the most. I was told that if I have my knee totally replaced it would go up to 40 %. With the scope will the rating go up, go down or stay the same. I could handle the rating staying the same. Going up (which would surpise me for receiving the scope) would be even better. Cannot afford the rating to go down. It would be better not to do the scope and limp along than take a chance on that. The knee hurts, and if the scope could help relive the pain that would be good. But cannot take a chance on losing any VA rating.

1) I was going to apply for 100% temporary VA rating while I recover from the total knee replacement. Should I still request that with the knee scope or leave it alone?

2) I was going to also request a increase in my knee rating with the total knee replacement, should I request that with a knee scope or leave it alone?

Thanks for the help...

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If the doctor can support a finding of Arthritis then you want to file a clain for this as it will grant you another 10%. I do not think you will get an increase any other way, but if the scope causes you to loose over a month of work , you MIGHT check to see if you are entitled to further benefits.

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