[Bva 2012]

that would be super ..got the statement of case today ..it ended with the statement .....this is considered to be a partial grant of all benefits sought on appeal with regard to this issue ,and the appeal as to this issue will therefore continue .....WHAT does that mean ? do I file a NOD of is this still on going ??

[Bva 2012]

My vso e-mailed me today . Said that they awarded me 30 percent each hip . He said it is partially good news . But the award is the minimum rating for hip replacement . I am glad they came through with an award but am disappointed by the low ball . He said the paperwork might take another month to get to me and we would do an appeal then , after seeing what they based it on ,

[Bva 2012]

Had the ratings c-p today . Very strange exam . I asked about the previous ones and why they final rating never included the hip replacements . She said it was part of the record and said she was not sure why . She then asked what had changed since the last c-p exam 4 years ago . Other than getting another hip replaced and in total I told her I had two hip replacements . She wanted to know two on the same side or one each leg . I told her one each leg and the dates . She asked me to state my limitations and pain level and or hip popping . Then she had me lie down on the table and checked range of motion but did not measure anything just told me to tell her where it hurt as she moved my leg out to the side . I got up and she wanted to know if I had anything to add . I told her this was the fastest I had ever had a c- p exam . She said she was doing just a rating exam . That she would write it up and send it along the chain where someone else would do the final rating . I asked her about a separate rating for once you had a replacement done as opposed to just the rating for range of motion . She said it would be noted and passed along . I did say the rating was missed previously and it takes about two years inbetween just to get the mistake heard by the va . And if they did it again my next step would be. A 3 year wait in BVA . So I am concerned but I guess the wait is back on

[Bva 2012]

V.A has called twice already to remind me about my c-p exam tomorrow

[Bva 2012]

Thanks I was not sure if it was within my right to ask right away what they were checking and what the rating would be . It seems they ignore the obvious. It would seem simple , they verify the two replacements and I am done . But if they start range of motion I would get worried

[Bva 2012]

Good luck on your test . I just thought of a valid question. Last c- p exam they completely ignored the minimum rating for a hip replacement. They rated soley off of the range of motion for the hip guide . During the exam next week how do I make sure that does not happen again . I mean the minimum rating for a replacement is 30 percent. Yet they awarded 10 percent only . Based off range of motion . If during the exam they start doing range of motion do I assume I am going to get screwed or can I just ask how they are going to rate the twin replacements

[Bva 2012]

Got a call from comp and pen . I have a c- p exam for the hips on February 25 th . So should not be much longer now .

[Bva 2012]

thanks ,, learn to live with it ...v.a is very slow ....thank you for your service ..at the end of the day only thing the vets have is each other . so thanks again

[Bva 2012]

quick update ... my service rep . sent a letter to the Hartford varo .saying as of this date we have received no updates on the appeal. and there is no indication in the vbms that an EP has been established to monitor the progress of this appeal either... so still we wait .

[Bva 2012]

sorry two metal hips per reg should = x

[Bva 2012]

thanks , just got an e-mail from my vso ,,,he said the close out date was sept 2014 .and he expects to hear a decision by January ..so that is in line with what you have said....I do WORRY that yet again the v.a will play dumb to shuff it off to the b.v.a again ....to me it seems cut and dry ...two make hips per reg = x ..but they have completely ignored that in the past...

[Bva 2012]

short update ..my vso had said my appeal had a close out date of september . yet still nothing has moved .....e-benifits still says last action taken was the notice of dissagreement . january 2014 .

[Bva 2012]

ha , thanks :) although it would not surprise me

[Bva 2012]

ok , so got an e-mail from my vso . he said the vbms said my claim has a suspense date of September . not sure exactly what that means .I do worry that after years in bva , then winning at the bva. followed by a crappy rating .that the result will be a denial on the rating and back to bva for another 6 years.

[Bva 2012]

haven`t checked in ,in awhile . just want to give an update . I had won the bva decision but they gave me zero for one hip replacement and 10 percent for the other ..filed the n.o.d to regional v.a in January ..just got a letter yesterday saying that they received my claim and that I had elected a d.r.o to look at the claim ..un -real almost 7 months just to respond .but that is were I am at ..per the v.a reg .it should be at least 30 percent for the hip replacement . but they did not us that reg last time ..they used a range of motion section ..so we shall see ..thanks everyone for your support and help

[Bva 2012]

in our n.o.d we appealed the rating , saying that the 10 percent for one hip and the zero for the other , my vso said it should be 50 percent for each hip replacement

[Bva 2012]

update -- filled notice of disagreement . vso feels we have a 60 percent or better chance of winning .. even though bva awarded service connection and I have 2 hip replacements , he has seen them deny stronger cases says it will be 8-10 months at the regional level.

[Bva 2012]

to assign me a rating from the bva decision dated august 2012, the Hartford regional office used a 2009 c-p exam . during the exam from 2009 I already had my right hip replaced and was trying to hold off a little longer on the left . the examiner told me I had really bad range of motion on both hips ..however in rating the 2012 decision it read one example of a muscular range of motion problem 38 cfr 4.59 allows for considerable loss of function due to painful motion to be rated to at least the minimum compensable rating for a particular joint. since you demonstrate painfull motion of the thigh at the hip , the minimum eval of 10 percent is assigned, ...that was for the left side , the one ,at the time that wasn`t not replaced yet .they gave me a zero rating for the right hip ,,the one that had been replaced ..saying that I did not meet the minimum for painful range of motion..the person rating my 2012 decision never took into account that in 2009 I already had one hip replaced and the 2012 bva decision stated I had both hips replaced .. my vso filled the appeal stating that the minimum rating for a hip replacement is 30 percent per hip so we will see

[Bva 2012]

well just an up date . today filed the appeal to the appeal . v.a rating guidelines say I should have been granted a minimum of 30 percent for each hip because of the replacements .. don`t know how they missed that one . and gave me a zero for one and 10 percent for the other ..so here we go again on the appeal train .not sure how we can look something up in the rating regulations and yet the rating officers completely ignore it and do what they want. so in 90 days I will get a letter saying they are working on it

[Bva 2012]

just curious , I have two hip replacements as a result of service connected disability, I looked under vasrd schedule of ratings 5054 hip replacement it says minimum 30 percent . should I have gottin that instead of a zero rating . a bit confused about the rating system . I am faxing a copy of the decision to my vso ( he has not gotten his copy yet ). thanks

[Bva 2012]

well got the letter today . they used a c-p exam from 3 years ago and rated one fake hip 10 percent and the other replaced hip at zero . I have no idea how they got away with this . but I hate to be stuck in the black hole of appeals for another several years ..any thoughts oh on the notes from the exam it stated that I had pain , loss of range of motion . that 10 percent was the highest allowable by law

[Bva 2012]

thanks , I thought it all was strange . the bva awarded service connection .and I have not been called yet for a c-p . now I get this weird letter ..hopefully I get the decision letter this week explaining it.i did not know how they could award a retro award without first rationg me to a percentage

[Bva 2012]

update . got a letter yesterday from v.a / it was a fee agreement I have with the veterans service I used . it said it was a receipt of payment to the service for the retro from my 2009 BVA decision on my hips . it was a $6000 dollar retro award with 20 percent going to the advocate.i called the 1-800 number and they said I had received that letter out of order .another one was coming to explain the decision . the award did contain one year retro for my dependents plus the bi-lateral hip arthritis claim. he could tell me no more .said wait for the other letter.he could not tell me how I had been rated for the BVA claim with out even having an exam. and the retro seems a little low on a 2009 claim in which I have already had both hips replaced.my veterans advocate has not received his copy , but speculates that they my have awarded only a 10 percent disability in order to clear the claim and leave it up to me to appeal the percentage .that would kinda suck since it now drags it on for who knows how much longer . I had thought bva was the last step , but who knows.have to wait till the letter . very frustrating !!

[Bva 2012]

still waiting on the rating for my hips , won bva decision in august from 2009 claim , now waiting on a rating

[Bva 2012]

update --I called the 1-800 number and found out that they approved my wife and one daughter as dependants but not my other daughter. they said I would have to wait for the letter to arrive to find out why one daughter was not approved.