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mdrn
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Posts posted by mdrn
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Yes full month pay 2906 i think;)
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Been there with bilateral TKR's. My first was service connected, I was young at 53. I was a nurse. My civilian ortho Doc stated its all about quality of life, so he did mine, 2 yrs later i had the second done. I was awarded SC for the 2nd thru CAVC remand. If you get your care all thru VA then, then yes they are going to deny it. I went the civilian route and had no issues with my pay or increase in ratings. Reality, if you have civilian insurance as the local vets told you have it done then file for your permanent increase to 30%. Don't live in pain and loss of quality of life. As far as VA paying for it, i think they gave you your answer whether locally or 200 miles away they're not going to do it till 60. They will also pay you 1 year at 100% for convalescent pay. If you have chronic residuals of moderate to severe pain , loss of range of motion after the 1 year per as they will do a follow up c&p you could go to 60%... Others may chime in on eligibility on your circumstances. The moral of this is do what you need to do to work around the VA bureaucracy to take care of yourself and collect the benefits due you. The convalescent pay isn't immediate if civilian and prepare yourself for 4-6 months till your paid once you file. When your surgery is completed get your surgical report of operation and file for your pay.
PS: Having a bad knee, if you have or develop problems with your back / hips / opposite knee, depression due to chronic pain etc , be meticuous in documentation and getting treatment to establish history / paper trail for possible SC down the road ;)
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Noted in my transcripts received an unopposed motion for a 30 day stay today, 'The parties are currently in the process of discussing a possible alternative disposition of this case which maybe mutually agreeable and conserve the resources of the court" Interpretation ? Won all contentions of appeals except one dating back to 2008. Attorney advised initially I would have some c&p exams afterwards. Was also to have a foot c&p today as part of an nod that was noted in a CAVC remand as their was no SOC issued. Was called yesterday by comp & pen in which they stated the physician was doing a records review and she had all the info needed from my podiatrist and I didn't need to come in as she had all the info she needed., I was shocked to say the least, happy not to go in but don't know if good or bad ?
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I have bilateral TKR's one is SC and the other will be after the remand instructions come down from CAVC, as Navy4life stated it will be after one year to document any residuals of severe pain, loss of ROM, painful scars etc that can raise your rating to 60%. Mine is also a basis for TDIU... Make sure your legs are the same length after surgery, can be other issues in the long term if not..good luck with your surgery, its a big one :)
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A little dated but a good thorough article on the CAVC http://www.bva.va.gov/docs/vlr_vol1/vlr1ridgway.pdf
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David Boelzner and Daniel Krasnegor, both with Goodman, Allen & Filetti.
I used Berry Law Firm out of Lincoln Nebraska, The founder is a Vietnam vet and son is Gulf war vet as well, give ya acouple to compare with, Take care
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There's a reason, when the law was changed in 2007 allowing attorney representation after the first NOD, that it wasn't grandfathered to cover claims still pending at the RO or appeals pending at the Board. They were just as deserving of legal protection by professionals as the claims filed afterwards. Instead, anything filed before the law changed had to wait until the Board denied the appeal and the veteran then appealed it to the Court of Veterans Appeals before attorney representation was allowed.
We still have appeals pending at the Board that have been repeatedly remanded to the RO and back again, that have never been to the CAVC. As they were initially filed claims prior to 2007 (they were filed in 1993), we had to parse those out from the claims we filed after the law was changed, as well as appeals that did reach the Court and were then remanded.
We would have secured attorney representation from the initial denials if that had been allowed, especially considering the investment of time and emotion handling our own issues pro se. We took this on after a VSO stuck a claim in a desk drawer and forgot about it, as in forgot to file it, and guess what? No remorse and no accountability, so I thought, hey, I can do this. I need to do this for our own protection. At that point, it became very clear to me that this, in fact, is an adversarial process right out of the gate. I found out how draining and time consuming being your own advocate can be. However, once I was in, I was in with both feet.
I went from 30% after a total knee to 100 IU P&T after getting an attorney. My attorney is in NE and I am in iowa, never have seen them in person. I have 4 appeals currently in the hands of a VLJ as we speak so we will see what I get. My AM LEGION VSO could of cared less how much work he put into my claim developement. So spend the bucks and pay someone who will be proactive and your advocate. I'm 58, the few dollars I have paid out with what I have gotten thru an attorney vs myself is pennies in the long run. Only you can be the one to decide what is best for yourself...
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Went to A VAMC for bone exam for increase to 60% post tkr chronic pain and weakness. Upon arrival found out a nurse was doing the exam. I'm also an RN with 31 years working in an er. She staed that she had no files or any paperwork telling her from th RO what she was supposed to do. She had looked over my on line file and found an old exam in 2009. I had a very thorough exam last sept by a contract dr who was an occ med physician. She was very thorough and precise and found a 1 inch shortening of the right leg due to infected joint and my knee was weak, chronic pain acute episodes weekly due to not being able to take pain meds at work. I have a pain dr has documented chronic pain on oxycontin and vicodin. Also with bad back and left knee now needs a tkr due to right which are on appeal. We went thru each question and expounded on what the previous dr documented. took an hour an 15 mins. Is here anything implied by the regional office not sending records to the vamc located 20 mins from each other? The attorney i have stated that if i dont get a favorable increase that we can use that against the RO. How would that work in my favor? Thanks for any info.
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I am a registerd nurse spent a yr at FSH TX in 06. Developed septic arthritis that trashed my right knee requiring a tkr in aug 2010. Had a claim for low back pain that didnt include the radiculopathy which was denied due to not being documented in my smr. I'm a reservist with 33 yrs. Been getting epidurals for 10 yrs. Have medical statements from 2 drs a pain and neurosurgeon who did a micro laminectomy 12/2010 that the altered gait from pain has worsened the radiculopathy and caused a disc herniation l5-s1 stating that my right knee pain from tkr exacerbated permanently my back. In my c file they stated no additional c&p as my back was denied. . Just wanted to get thoughts if they will bounce my radiculopathy claim ? or can you have a free standing radiculopathy claim. Also just had my 1 year tkr follow up with a new VES doc. Was impressed had occupational health back ground , states due to chronic pain and being on oxycontin / vicodin for chronic pain and weakness and that my joint is loose i need to look for a career change and she would reflect that in her notes. Also found my right leg was around an inch shorter. I Thanks for any insight
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First post here
I had submitted a claim for left knee increasing pain , effusion, intermittent locking that developed this May secondary to my right knee service connected from acute septic arthritis on active duty in 2007. Had my exam Saturday and got the results and the examiner stated since i had a lateral quadraceps release when i was 16 that there was no connection because my problems started b4 entry at age 18, retired after 34 yrs.. Unfortunately didnt have a nexus letter from my ortho doc. Had a Right TKR on aug 23. Can i file a NOD and include a nexus ? Doc did say my iliotibial band syndrome in may was related to my right knee and assumed the other issues would go along with it. Thanks for any info, Take care Mark
Full Knee Replacement
in Eligibility - Veterans Compensation Benefit Claims
Posted
I was at 10 prior to surgery, 30 after....then to 60 after 1 bcus of moderate to severe pain residuals, I know it sucks but that's the way it is ;(