Remand

[JayBrown1]

I called the RO in Montgomery on 5/18/07 on status of claim, was informed that my appeal for an increase for my right knee and hip currently rated at 20 and 10 percent was remanded on March 20, 2007 and denied and closed on March 20, 2007 and my reopen claim for sleep apnea was in for final review. I am currently rated at 80% for left knee fusion(40), back(40), right knee(20), left foot(10), Scar(10), hip(10). I am currently taking oxycodone 4 times a day, and methadone 3 times a day for pain for the last 3 years. The VA doctors are telling me that I need a knee replacement (right knee) but I am to young for the surgery, I am 49 years old.

How can they deny the remand on the same day it was sent back? What is final review?

[Former Member]

SAY what?

I suggest you go to the VA Web site and file a Iris inquery-

You might have gotten the wrong info from the 800# people-

How can they deny a remand on the same day----

Question ---was this a VCAA violation remand?

Are you employed?

If not I strongly suggest that you send them an application for TDIU -attached here-

under # 18 check Yes and then under Remarks # 25 refer them to a separate page with your name, address, c file number on it, and tell them what you get SSA for or that you will be applying for SSA.

Tell them of the side affects of all of those meds that render you unable to work-

tell them if Voc Rehab has ever turned you down due to your SC disabilities.

If you are employed- still I dont understand how they denied when they got the remand-

can you give us the BVA docket number or citation number?

TDIU_form.pdf

[Hoppy]

I have heard that VA doctors have a policy of waiting until a specific age to perform knee replacements that is older than other doctors. You might want to get an opinion about the replacement surgery from other doctors.

Get'em Berta!!

Edited May 20, 2007 by Hoppy (see edit history)

[Pete53]

If you want knee replacement you can appeal the decision. The VA has many arbitrary decisions pre formulated that do not fit all situations. If you can get a Doc to write an opinion that you need the surgery you can probably get it.

Quality of life is an important issue and if they could get you out of all the meds you are taking that should be helpful.

Good Luck

[SLEDGE]

What age limit? What do they tell a wounded marine at the ripe old age of 20?

In my case I'm not supposed to be traveling and the knee doctor refered me to the next farther away medical center for a consult....... After he told me that replacement is my only option.

My wife says that I should make the trip.

I'm reminded of the last time she took me there and they refused to treat me.

3 neck surgeries ago.

There are 'knew' joints out now that are rated at 45 years.

I know of several people who have had one or both replaced and nobody is unhappy with the results.

In many cases the pain is not completely gone but, it's different and much better tolerated.

I would not let the VA do a replacement anyway.

If some new VA guy needs to practice his fusion technigue you 'may' not receive the new joint and they always have excuses for changing paddles in midstream.

Gulf War vets have priority anyway.

sledge

[JayBrown1]

SAY what?

I suggest you go to the VA Web site and file a Iris inquery-

You might have gotten the wrong info from the 800# people-

How can they deny a remand on the same day----

Question ---was this a VCAA violation remand?

Are you employed?

If not I strongly suggest that you send them an application for TDIU -attached here-

under # 18 check Yes and then under Remarks # 25 refer them to a separate page with your name, address, c file number on it, and tell them what you get SSA for or that you will be applying for SSA.

Tell them of the side affects of all of those meds that render you unable to work-

tell them if Voc Rehab has ever turned you down due to your SC disabilities.

If you are employed- still I dont understand how they denied when they got the remand-

can you give us the BVA docket number or citation number?

I applied for TDIU several years ago and was denied, I appealed and it was denied. I have had five jobs in the last two years. I have a letter from the nurse on my job where she has had to put ice on my knee where it was swollen so big that my pant leg bind to my knee, I fall asleep throughout the day at work, just driving to work is very dangerous as well because it's like driving under the influence, not to mention that with my left knee is already fused I am force to use my hand to help lift my right knee to brake sometimes when it goes out. I have also been told by my Ortho doctor that I have a large piece of bone missing in my Tibia in my right knee joint.

I am hoping to get rated for sleep apnea with CPAP, my lowest O2 saturation during sleep was 79.3% I applied for it in 2004 but was denied and then I reopened the claim in 2006. I also have high blood pressure, circulation problems in my leg and my left knee fusion has left my leg 1 3/4inches shorter than my right leg. Can I claim these conditions as secondary?

[JayBrown1]

SAY what?

I suggest you go to the VA Web site and file a Iris inquery-

You might have gotten the wrong info from the 800# people-

How can they deny a remand on the same day----

Question ---was this a VCAA violation remand?

Are you employed?

If not I strongly suggest that you send them an application for TDIU -attached here-

under # 18 check Yes and then under Remarks # 25 refer them to a separate page with your name, address, c file number on it, and tell them what you get SSA for or that you will be applying for SSA.

Tell them of the side affects of all of those meds that render you unable to work-

tell them if Voc Rehab has ever turned you down due to your SC disabilities.

If you are employed- still I dont understand how they denied when they got the remand-

can you give us the BVA docket number or citation number?

I haven't received the paper decision. I was told this by a claim representative, actually what he said was "this is odd, I have never seen this before" your appeal was remanded back to our office on March 20 and denied and closed on March 20. He goes on to say "this is really odd, this should not happen" as soon as I get the docket number I will let you know. You would think I would have gotten something on that by now?