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Rhodesia
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Posts posted by Rhodesia
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On 9/3/2018 at 10:37 AM, broncovet said:
No. The VA can not reduce you based on them changing regulations. Dont let them get away with it. Here is the critieria for rating reductions, now see how they apply to you:
I assume your rating was "not" a temporary rating, but correct me if I am wrong:
Do you read anything that says they can change your rating based on a change of regulations???
It was a service connected rating at 20% awarded on 2009
Tell me that this surgical scar warrants the VA to remove my 20% for scars because of "material improvement under ordinary conditions of life"
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4 hours ago, broncovet said:
File a NOD disputing the reduction, allege the reduction "did not comply" 38 cfr 3.344, that the VA "failed to show" "material improvement under ordinary conditions of life".
I will pass that along to the VSO she will want to see that, I have an appointment on Sept. 10
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3 hours ago, broncovet said:
No. The VA can not reduce you based on them changing regulations. Dont let them get away with it. Here is the critieria for rating reductions, now see how they apply to you:
I assume your rating was "not" a temporary rating, but correct me if I am wrong:
Do you read anything that says they can change your rating based on a change of regulations???
No nothing on based on a change of regulations in the letter, just that they reduced the rating due to my Total knee replacement from 12/30/2016 and was awarded 30% on 01/01/2018 for the knee prior to the knee replacement I had multiple surgeries on the knee which looked like a road map to Hwy 66, My 20% was rated service connected on 02/02/2009 now it says 0% I have never received the letter from the VA denying my claim but I saw it online from the VSO's office only thing it really states is that due to the knee replacement my 20% was reduced to 0%, so the VSO could not get an answer why I was really reduced to 0% so she wants me to file a new claim for scars for my second knee replacement. I had the second replacement on June 4th of 2018 and the claim was lost, so I refiled second claim for the second knee replacement on 08/01/2018 and they did receive that supposed to close by sept 14 in order for me to receive my temp 100% and the VSO did talk to someone and I will get the 100% temp for the 1 year but the issue is why reduce me from 20% to 0% I rather not file a appeal because all that will do is hang up in the long process of 2 to 3 years then find out all you did was wast your time in process. I have worked for the VA for 20 years before I retired and I have seen some very stupid things what the VA does to Veterans and I mean really stupid stuff.
I think I need to see what is included in the 30% for the knee replacement is scars is covered into the 30% just a guess on my part and that's why they took the 20% away I could be wrong. unless someone out there know's what the requirement is for 30% knee replacement and if scars are automatically added into the mix?
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Ok I received my denial letter for my claim, which also was added why they took the 20% away from my disability rating for scars. The reason why is the VA has changed their requirements in service connected for scars, they are now rated 0% so the 12 inch long scar running down my leg for my last knee replacement no longer qualify s for a percentage rating but only 0%. so my disability rating page for scars for service connected went from 20% to 0%. so my 60% rating went back to 40%
The only way to get a rating on the scar if it causes Constance pain and it can't heal or there is too much nerve damage around the area but then again you have to prove that, but as of right now the VA took the 20% and awarded me 0% for my scars which were service connected. Plus the letter goes on to tell me I can appeal it and all that sort of crap. the Scar that was created while having my total knee replacement is now added into the 30% in a way you can see why the VA took my 20% rating away. Talk about streamlining the VA system for service connected injury's. The VSO she still wants me to re-submit a new claim for scars for my second total knee replacement on the same knee now I have to make that decisions weather or not it will only waste my time filing the claim only to find out they will deny it again because of the new regs since my second knee scar is 1/2 inch wide and is 15 inches long and it took 67 staples to close it up this time around, I have great pictures looks like Frankenstein worked on me, LOL so what is the new regs on serviced connected scars which you end up from surgery for a service connected injury? did not take them long to take the 20% away since I was awarded it back in 2009.
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On 5/11/2011 at 4:31 AM, Berta said:
The rating criteria for scars changed in 2008 and this 2010 BVA decision includes the newer criteria:
http://www.va.gov/vetapp10/files5/1040791.txt
If you have scars at a ratable level due to any SC condition, you should claim them and be properly compensated for them.
I had 20% for scars from prior knee surgery's on the same knee on 2009 and after my total knee replacement on 12/30/2016 the VA took the 20% away and award me 0% because scars are covered in the knee replacement, I should have been rated 60% but the VA still has me at 40% The VSO said she has been seeing allot of this going on in the VA so she want me to file another claim just for scars alone for the knee since I just had another total knee replacement on the same knee this time the scar is 15 inches long and it took 67 staples to close the scar up, right now the scar it 1/2 inches wide and 15 inches long my knee looks like Frankenstein worked on me, lol
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On 8/21/2018 at 1:51 PM, broncovet said:
Ask us again after you get the official letter. Many of us just dont want to speculate on just what the unreliable, and highly inaccurate ebenefits means, when they misreport stuff. However, if someone would like to speculate on what ebenefits means, then they can feel free to do just that.
Ok I found out I will be only getting 40% the VA took the 20% away from my 60% award for the scars from a old surgery when I had a arthroscopic done on my knee back in 2010 so I was awarded 30% for the knee replacement because in their view my knee made the injury better, so now the VSO said I must file a new claim for the knee replacement for Scars even through I already had the scars in the first place. so as it stands right now I'm still at 40%. The way it is explained to me is like when a veteran loses a hand or arm he gets an award for the injury, but when that veteran get a prosthesis then his award is reduced because it's called Quality of life, the VA made him better so his award would be reduced, and NO the VA does NOT have to notify you if they take an award away they will send you that nice letter to appeal it. I know this sounds stupid but the lady told me on the phone that the VA is making some major changes on how they process their claims.
This all sounds to familiar with my Malaria claim contracted it on active duty but could not show I was sick, when I went into the reserves is when I was sick and that was the magic bullet that killed my claim and appeal so my disability page says "Malaria Not Service Connected"
As for my second total knee replacement I found out I will be getting the 100% temp for the 1 year. I should see something between this September or October for payment funny I had the surgery on June 4th 2018 and they are just now getting around to it.
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On 8/21/2018 at 2:14 PM, Vync said:
I agree with @broncovet.
When I had claims in the hopper, ebenefits was never 100% accurate until a couple of weeks after I received the letter in the mail.
Ebenefits is made up of a number of separate parts, but presented through the single web page. If they just closed the claim today, there is a chance that it might be tomorrow or another day before the inner workings of ebenefits get around to re-calculating your percentage. I am speculating, but maybe when the VARO agent closed the claim, it updated the individual claim status. However, there are likely more steps which follow which can trigger the combined rating to re-calculate.
No brown letter today concerning my case been 6 days. as of Friday the VSO she did not see it in my file she said she would have been able to read it even before I would have received it if it was sent in the mail, but as of today nothing I will give it until Monday then she will call up to the state VSRO and see what going on, because my disabilities rating page say's 60% but that stupid circle that itis above it that says what you have still says 40% so somethings not right. frustrating government system.
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On 8/22/2018 at 11:23 AM, Vync said:
I ran the numbers you provided (10, 10, 20, 30) and I get 55, which rounds up to 60.
Something is not right...
Well my second claim for my total knee replacement which I started on 08/01/2018 is now in "preparation for decision" Estimated Completion: 09/14/2018 - 10/11/2018 I created a second claim for my total knee replacement since my first claim dated 04/15/2018 disappeared off of eBenefits. I still have not received that magic brown envelope yet maybe it will explain why I'm at 60% and I'm still rated at 40%. So here is what is going on with my total knee replacement story. I had a Total Knee Replacement on 12/30/2016 my 1 year 100% temp ended on 01/01/2018 and was awarded 30%. as of June 4th 2018 I had a seconded Total Knee replacement on the same knee they had to go in there and replace everything they did on the first replacement. I filed my claim early as requested by the VA so I started that on 4-15-2018 and after the surgery on june 4th 2018 I filed and sent everything to the VA so I did nothing different when I filed my first claim. So now when my 07/15/2016 claim closed 4 days ago I show that I'm suppose to be rated 60% but I still show 40% so in another words I have been getting 40% for the last 8 months.
since I created a second claim to replace the one that I filed back in April I hope that does not disappear as well this is where I had to get a new VSO to help me out on this time, as of today the state VSRO is still trying to find out why? i'm not getting the 60% and why I'm still not receiving the 100% temp award for the second total knee replacement. as of this morning 08/24/2018 my disabilities rated page still says
10% service connected 2006
10% service connected 2009
20% service connected 2009
30% service connected 2018
so lets all do the school of VA math which = 60% even the VSO said the same thing because she has looked into my file. but now it's one of those hurry up and wait game
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21 hours ago, Vync said:
I'm thinking of using the choice program again for an appointment the VA scheduled in December. I tried using it once last year, but it was a waste of time. They ended up going a different route with fee-based care.
Well good luck with it.
as for my issue nothing new yet they still say something is wrong because I should be receiving 60% and not 40% even though my disabilities award ratings for service connected add up to 60% as of 01/01/2018. I'm concerned because this September I turn 60 and that's when I start receiving my military retirement from the reserves for 22 years of service (Not counting the French Foreign Legion), LOL but anyway I found out you have to have a Disability rating of 50% or more in order to receive you military retirement but if it is under the 50% you will not receive a dime, all you will get is Tri Care for life and a nice pretty grey ID card. So you can see my frustration that the VA system has some major errors
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1 hour ago, Vync said:
Wow. I'm glad they are doing some digging. The temp 100% will come in handy. Did the VA or a private surgeon do your knee surgery?
It's through TriWest that choice care program the VA does when you live more than 30 miles from any VA Hospital. Still have to have VA Approval first then they tell triWest and I can go to any hospital or doctor that will except TriWest, but allot don't out here because you know well the the Government does not pay or may take a year for these doctors to even see any payments, that why you always hear that they don't pay, the way it works is The hospital bills TriWest then TriWest bills the VA in order to pay the Hospital at least is what the lady at TriWest told me over the phone. If you use TriWest (Choice Care) you are assigned a Care Provider and they do all the foot work for you, but your doctor or hospital still has to make the request first. It's an ass backwards system of way of doing things but in the past two years I have never had a problem, you have to make sure that you tell the hospital or your doctor NOT to bill your private insurance otherwise they will because they know they will get their money faster that way.
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6 hours ago, Vync said:
I ran the numbers you provided (10, 10, 20, 30) and I get 55, which rounds up to 60.
Something is not right...
Yea Both the VSO and VRSO came up with the same thing you did and said the same thing you said something is not right. I just came back from seeing the new VSO she made some calls and they are just as dumbfounded as well, they also never heard of them taking away a service connected award without prior notification in fact they have to send you to be re evaluated in order to take or down grade a service connected rating. they have never came across that issue, she called the VSRO that represents the state and he said the VA never generated a letter concerning the claim was closed because he can't find it in the system but was able to go back as far as 2006 but also could not find my second claim for my second total knee replacement that is service connected I created the claim on 4/15/2018 I show they received it but I told him they (The VA) mirrored that claim with my 2016 claim. also he wanted to know why for the past 8 months I have not been receiving the 60% rating and only still shows 40%. she told him the same thing, and there is nothing in the VA system stating that they took the 20% away because I have the 30% for the knee replacement.
Here's a kicker since I had another total knee replacement he also said I'm entitled to the temp 100% for the one year so he is going to look into that since my first claim for my knee fell off the planet and I created another claim for the same thing on 8/01/2018 so he is going to make some phone calls and see what's going on, because as he looks at my file it looks like I should be receiving 60% rating but still says 40%. so as of today 08/22/2018 as he sees it in the VA system my service connected awards still show 10%, 10%, 20% and 30% awarded on 01/01/2018 (For my first total knee replacement )
They both are looking into this and will call me to let me know why this all has gone south.
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1 hour ago, spearhead91 said:
Wow that is utterly disgusting to do that to a Purple Heart VV. I have the utmost respect for all veterans regardless of period served. That is way beyond the pale, that was vindictive in every sense of the word. And to say probably we were just following the regs is a cop out. I read asknod's post and one the most recent one's about getting the Vet 100% 9 or so days after he died had me in damn tears and anger at the same time.
I have a true story from my VA employee days, we had a vietnam veteran at our Domiciliary which houses over 1500 veterans well he was dying of Agent Orange and he had a claim in, and the last two years the VA wanted proof he was in the area where they sprayed and the base camp where he was at, well some people don't know that Agent Orange was also used to clear the jungles in order to build a base camp, well anyway we have an Infirmary at the Domiciliary and would you believe 3 weeks after his death he had received his retro back pay for Agent Orange dating back to 1969, and since he had died the VA took the money back and his wife did not get a dime of it, even the lawyer could not help her this went as far as to the congressmen too, shows you how bad the VA system is. But I'm sure there are far more worse stories than this one in dealing with the VA.
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55 minutes ago, Vync said:
Keep in mind that if they plan to reduce a rating or combine disabilities together (i.e. pyramiding), the VA is supposed to inform you in advance and give you a period of time to respond/contest it.
well if that is the case the VA has never contacted me either by mail or phone that they are going to reduce a service connected award since my claim was started in 2016, interesting I did not know they have to contact you before they strip you of an service connected award.
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33 minutes ago, vetquest said:
Rated disabilities should show zero percent ratings. Mine even includes that fracture that I requested that was determined not service connected. It sounds like E-benefits is still not fully updated in your case. As may others will attest E-benefits is not an accurate reflection of your case at all times. Let's hope that your big brown envelope will shed some more data on this.
yea that big brown envelope, I hate to see that knowing what that goofball was telling me on the phone I hate for him to be telling me that's a true statement about taking the 20% away. To make a long story short when I was working for the VA as a VA Police officer I had to do a standby because a Vietnam Veteran came in to the Comp and Pen office complaining because they took 20% away from his 100% because he received a new prosthetic leg and there fore the VA said that help him in his recovery for a better life, I saw the letter and yes the VA did that to him, he got a lawyer and sued and after two years got his 100% back because in the end the VA should not have done that in the first place and he was a purple heart recipient with 3 silver stars for Valor from Vietnam. I tell you I have seen some stupid things the VA does to Vets, but when they took that guys 20% away from his 100% because he received a new prosthetic leg he just snapped.
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1 hour ago, Vync said:
Hoping you get some good news any day now
Rated Disabilities as of 08/22/2018
as of this morning still says 40% in that big circle on the disabilities page on ebenefits
10% High Blood Pressure service connected 10/02/2009
10% Tinnitus service connected 02/28/2006
20% Surgical Scars service connected 12/28/2010
30% Left Knee replacement service connected 01/01/2018
so if that guy was right in telling me that the VA took the 20% away from me because scars are added into the knee replacement. so maybe that's why I'm still remaining at 40% but if the VA took that service connected award away would that not show up in ebenefits?
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5 hours ago, Hamslice said:
French Foreign Legion,
that's awesome,
just sayin,
Hamslice
Yea 5 years standard enlistment, when I worked for the VA as a VA Police Officer before I retired some of the veterans would say What branch were you in? the Marines? because of my Tattoo's and I would say no I was in the French Foreign Legion and since I was an american I get american VA benefits. they had that look on their face like NO WAY, but then I told them I enlisted in the Marines first then joined the Legion came home and re-enlisted back into the Marines reserves.
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2 hours ago, vetquest said:
Join the rest of us. We are all frustrated in how this system works and does not work. You will find vets who have medical problems usually stress related due to working with the VA. They need a new code to define VASD or VA stress disorder.
Thank you, as it stands right now eBenefits still shows that I have 10% for hearing, 10% for High Blood Pressure, 20% for Scars and 30% for the total knee replacement, so the VSO did the VA math and I should have come out with 60% increase but for some reason it still shows 40%. It's a waste of time talking to the people on the phone because they will never tell you anything even when your claim is complete. The idiot on the phone said they took the 20% away that I received on 1/01/2009 for scars because it is covered in the total knee replacement and that is why I'm still receiving the 40%. I looked up the knee requirements and it does not cover scars because the scars are a separate disability by itself. This just all happened today at 1 pm my claim said pending notification and at around 3 pm it said claim complete, and whats funny is that I had a second total knee replacement on 4/15/2018 so I filed a second claim for that only, so the VA takes that claim and mirrors that with my 7/15/2016 claim and behold that claim disappears for my knee replacement because I should be getting the Temporary 100% for one year. So as it stands right now I'm still receiving 40% even through my service connected injury's say I have 60% (After doing the VA math) when you look at the disability's page.
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10 minutes ago, Vync said:
I agree with @broncovet.
When I had claims in the hopper, ebenefits was never 100% accurate until a couple of weeks after I received the letter in the mail.
Ebenefits is made up of a number of separate parts, but presented through the single web page. If they just closed the claim today, there is a chance that it might be tomorrow or another day before the inner workings of ebenefits get around to re-calculating your percentage. I am speculating, but maybe when the VARO agent closed the claim, it updated the individual claim status. However, there are likely more steps which follow which can trigger the combined rating to re-calculate.
Thank you for the feedback greatly appreciated, sometimes I think my 5 year enlistment in the French Foreign Legion might have some negative effects but I doubt that since I was never injured during that time. I will keep everyone posted and let you all know what my new VSO I will see what she will have to say tomorrow, and again you might be right it might take a couple of days for everything to catch up on ebenifits, but I'm just frustrated why this system fails to work . Again thank you for your input.
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23 minutes ago, broncovet said:
Ask us again after you get the official letter. Many of us just dont want to speculate on just what the unreliable, and highly inaccurate ebenefits means, when they misreport stuff. However, if someone would like to speculate on what ebenefits means, then they can feel free to do just that.
Thank you very much I'm, seeing a new VSO tomorrow after talking with her on the phone she never heard that you only get a 1 time 100% temp for a service connected injury and why my second total knee replacement was denied even through the VA paid for it go figure. Well I will keep everyone posted it's funny I retired from working in the VA system with Combat vets such as my self, and I also but when you are on the other side of the fence I can see why the VA is not user friendly to us Combat Veterans.
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They closed one of my claims today and ebenefits still says I have 40% but for my disability list says I have 10% for hearing, 10% High Blood Pressure, 20% for Scars and 30% for my left knee replacement as of 08/21/2018, but it's saying I only get 40% the VA rep did the math and I should have at least been awarded 60% so does anyone know why the VA still has me at 40%. I have not received my letter yet explaining why I'm still at 40% rating. I think I found why because when you have a knee replacement scars are covered in the 30% so I think thats why they took the 20% away for scars on my knee.
Also I called and the VA to ask the question since I had another knee replacement on the same knee I should have been awarded the temp 100% the VA says no you don't get that it's a one time deal no matter how many times you have surgery's on that same knee through the years, so they canceled my total knee replacement claim and told me I could file an appeal but she said don't waste my time on it. so I have no choice but to get another VSO to help me again.
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Wow I logged into my e benefits today and my claim just pushed out till 11/21/2021 what the hell? so I called and the 1-800 number the guy was rude on the phone could not tell me why his customer service needs improvement, by the tone of his voice I assume he has been getting allot of calls from vets about their claim backlogged so I said how or who can I talk to to find out why and he said you can't and don't brother going to your congressman or VA rep because they can't do anything to help move this any faster, so I'm thinking that it has to do if trump shuts down the government because he did tell me that if that happens veterans don't get paid I find that statement hard to believe. all I'm waiting for is my 100% temp award for my total knee replacement which now has surpassed 4 months so the VA took that claim and added it to my old claim of 7/16/2016, it was suppose to be a separate claim but from what I have been told they no longer do that any claims you entered all gets added into one claim so in another words I will have to wait just about two years to even get my temp award just for my knee replacement kind of sucks. It is still stuck in Preparation For Decision and the date was moved to 1/1/2021 to 11/21/2021, anyone else have this problem or is it just me?
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On 7/24/2018 at 4:39 PM, vetquest said:
You did not tell us if this claim is at the RO or BVA. Either way if your claim started in 2016 it is moving along pretty well. And yes they are behind BVA can get you backed up several years if not a decade.
I just looked at e benefits today and my Preparation For Decision went from 4/1/2019 to 12/01/2020 it has been sitting in Preparation For Decision for over 4 months plus I'm not able to upload anymore documents for my claim for some unknown reason been like that for a month I wonder if the 5 years I spent in the French Foreign Legion has anything to do with it they did bring it up during my C&P exam a few years back I'm just a guessing that's all, might not have anything to do with it anyway.
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15 hours ago, L said:
I retired Navy and get my concurrent pay - "retirement" and my VA 100%
I am not combat, that is a different offset pay explained ...
Here is the link - it changed in 2004 - https://www.dfas.mil/retiredmilitary/disability/crdp.html
Thanks for the information that kind of answers the question I'm waiting for that 50% as of now I looked at My Pay (DFAS) and I see where the VA reported I receive 40% on 2005. I just had a total knee replacement on 11/30/2016 and I was awarded 30% but for some reason I'm still getting the 40% maybe this is due because they added this claim on to my current claim of 7/15/16 I assume I would have received an increase but as of right now no I was told once my claim closes then I will receive the 30% with retroactive pay from 1/1/2018 what I was granted the award for the knee. So if you do the VA math class I would receive 60%. As of right now e Benefits has "Preparation For Decision" which has been sitting there for just about a month now. Don't bother talking to the online chat or the 1-800 number what a total wastes of time.
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14 hours ago, vetquest said:
Check with them about Tricare for life. You might be pleasantly surprised.
One of the retired marines I talked to said he retired from active duty with 20 years receives a retirement then he applied for VA disability and he received 30% for a back injury service connected then he noticed DFAS cut his retirement pay He said that his VA rep told him that most retires will take the VA disability instead of the military retirement because the military retirement is taxed and the VA is not he told him to try to get that 50% and that way he will get his military back to full scale and his VA as of right now he chose to take his military retirement he said he can't live off of the VA's 30%. who in the hell came up with that Ideal anyway?
Pending Decision Approval to Preparation For Decision
in VA Disability Claims Research
Posted
Yea I still had to still file for my military retirement but will not see a dime of it because I'm still at 40% I'm suppose to get $1,801 per month, but I guess all i will get a is a nice looking Blue Retirement ID card that looks good in your wallet, LOL