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seaprincesskm

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  1. Thank you Buck and Boncovet! I did some further digging after I posted the question and in fact found out that this is not the final and I have to request a hearing! Do not go NOD as that’s what they want you to do to get stuck in the system! I have 1 week before the 30 day deadline and 60 days for final decision! I am already lining as much as I can! I just got off the phone with a representative located in South Carolina “Regional office?” who said I needed to in writing request the hearing and fill out VA Form 21-4138! I just printed it off and will muster up my awesome writing skill! And have this turned in by the end of the week! A couple of questions Is it okay to request the hearing without having absolutely everything I need? Or do I have to submit it all at once? I had an appointment with my surgeon yesterday! I handed him a Comp Questionair from the VA Rep! Told him the situation and his response was “she’s an idiot and doesn’t know what she is talking about!” He is very much to the point and rough around the edges but he knows his stuff he has 50 years of surgical experience! He was so worked up! He said I need to write Congress and they can call him! While he is in the back I hear him say that the paperwork is ridiculous! He comes back in with a questionair that is barely filled out! What he did manage to fill out will help my case on the left knee but nothing is mentioned about my right! I asked him to put something down about that as well and his response “we need to deal with one knee at a time!” He has no ties to the military and doesn’t understand the importance of Forms! That him completely filling this form out could stop all this nonsense before it’s finalized! I guess my question here. Will this negatively impact me with being partially filled out and tons of notes all over it saying that the Navy misdiagnosed me did a surgery that caused so much damage he needed to replace my knee, and that it still needs another surgery because of the original damage? Should I attempt to get my primary care physician to fill out the form? Is there any possible way to get a new C&P appointment since the last one so grossly contradicts everything in my record and even other VA comp appointments? Legally can they request reduction with a C&P appointment alone without any supporting documents outside of that appointment? I cant wait around for my VA rep to “return my call” I have to be diligent and precise and with in deadlines! I don’t know all the lingo and wording or even what exactly I’m entitled to! I really appreciate the info! I didn’t think to have the C&P notes revised! That is def a route I will also take! Thank you so much for the info!
  2. Sorry for the long post! Seems like we all have a story that we want heard! I tried to be brief but it’s hard when you have so many things at once! I just received on Saturday that I have a proposal for reduction for a secondary service connected disability that was rated “temporary due to possibly improvement” back in July! I have yet to have treatment on this knee but somehow my “future” C&P appointment that they put in months ago that I had in March didn’t go as well as expected and was completely contradicting my surgeons notes and even the C&P doc I seen in July! She was also not as thorough as she said she was and I believe fradualant info from her and a congressional could even be in play here! But that’s a whole other issue! Anyway the rating for that particular knee is going to go from 20% to 0%! This would take my overal rating from 50% to 30%! I know I have rights I just don’t know how to tackle this! I have an appointment with a lawyer next week but it will fall after the 30 day cutoff to freeze your rating! Should I wait until I have everything together and submit the NOD with all of that at once and not worry about the freezing of my rating or should I put in the NOD to start the clock? I also would really like info on the appeals and asking for a board? What’s the “real” difference in rating officials and which in your experience had a better outcome! And for some more info into my situation I currently have a pending “claim” started in November when i knew something was wrong with a knee replacement I had done in July that started this whole mess of relooking into my service connected disabilities! The replacement i had is a direct result of an Active Duty misdiagnosis and surgery performed that caused so much damage it needed replaced! That in itself is another fight! Anyway some Direction, insight, experience all of which would be highly appreciated! Thank you in advance!
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