Done wit this Posted January 26, 2009 Share Posted January 26, 2009 (edited) I figure Some-one On here had to have gone through this besides Me .. How long Until VA pays Me the 100% rate for down Time after surgery? Thanks Macool Edited January 26, 2009 by macool Link to comment Share on other sites More sharing options...
Eric_M Posted February 3, 2009 Share Posted February 3, 2009 Got a letter Saturday saying they were "sorry for the delay". Wow! Looks like the moved my claim to antoher regional office, I think? Still waiting, cruising towards 120+ days.....Eric Link to comment Share on other sites More sharing options...
Meddac Posted February 3, 2009 Share Posted February 3, 2009 I will honestly tell you that 6 months seems to be a long time to wait. I have 2 claims for Temporary 100% (paragraph 29 and 30) sitting on my desk. I have to write a VCAA letter to each veteran, wait 30 days for the "DTA" (Duty To Assist) time to run out, and then to the Rater. Couple of things that complicate this process: The veteran had surgery in a private facility. They could take up to 60 days to send us the evidence we need. The veteran is not service-connected for the condition for which surgery was performed. That opens a new claim. The veteran has a claim already pending with VA. This one is the worst. Everytime a veteran makes an additional claim (temp 100%, increase, new issue, etc.) their claims file goes back to the beginning. Not sure where your claim is, and I do know that there is any expedite on these claims. Hope it does work out for you, though. Link to comment Share on other sites More sharing options...
Eric_M Posted February 4, 2009 Share Posted February 4, 2009 I packaged my 100 percent temp claim so a 3rd grader could take care of it. Collected all records of surgeries (at Va facilites), all doctor notes, with a detailed table of contents page. Returned with form stating "make a decision" with this info, no more to follow. I am worried they are waiting till my 4th eye surgery to apply the temp rating, they already paid a month for the 1st. Have been pretty much blind since 1st surgery. Still working, otherwise would have been devastated money wise. The computer helps me read, so I can still surf the web. Eric I packaged my 100 percent temp claim so a 3rd grader could take care of it. Collected all records of surgeries (at Va facilites), all doctor notes, with a detailed table of contents page. Returned with form stating "make a decision" with this info, no more to follow. I am worried they are waiting till my 4th eye surgery to apply the temp rating, they already paid a month for the 1st. Have been pretty much blind since 1st surgery. Still working, otherwise would have been devastated money wise. The computer helps me read, so I can still surf the web. Eric Link to comment Share on other sites More sharing options...
kookiebean2001 Posted February 4, 2009 Share Posted February 4, 2009 I will honestly tell you that 6 months seems to be a long time to wait. I have 2 claims for Temporary 100% (paragraph 29 and 30) sitting on my desk. I have to write a VCAA letter to each veteran, wait 30 days for the "DTA" (Duty To Assist) time to run out, and then to the Rater. Couple of things that complicate this process: The veteran had surgery in a private facility. They could take up to 60 days to send us the evidence we need. The veteran is not service-connected for the condition for which surgery was performed. That opens a new claim. The veteran has a claim already pending with VA. This one is the worst. Everytime a veteran makes an additional claim (temp 100%, increase, new issue, etc.) their claims file goes back to the beginning. Not sure where your claim is, and I do know that there is any expedite on these claims. Hope it does work out for you, though. Not that my case is any different but I'm curious, regarding your post on temporary 100% I filed a claim in 2006 and was awarded in 2007. I appealed and did not remember that I applied in 1988 and was then awarded retro back to 1988. I didn't know about the previous 1988 claim and it wasn't a problem until I remember I had surgery back in 1994 as well. I applied for temporary 100%, does the law still apply to me, since it was more than a year? Link to comment Share on other sites More sharing options...
Meddac Posted February 4, 2009 Share Posted February 4, 2009 Right off the top of my head I will say that time shouldn't matter if you had the surgery performed at a VA facility. (I will pull out my "knowledge base" in a minute and try to locate that for certain. I do know that there is a time limit if you had surgery performed at a private hospital UNLESS it was outsourced by the VAMC (which won't happen very often). Link to comment Share on other sites More sharing options...
kookiebean2001 Posted February 4, 2009 Share Posted February 4, 2009 Right off the top of my head I will say that time shouldn't matter if you had the surgery performed at a VA facility. (I will pull out my "knowledge base" in a minute and try to locate that for certain. I do know that there is a time limit if you had surgery performed at a private hospital UNLESS it was outsourced by the VAMC (which won't happen very often). Berta supplied this information: But hasn't responsed on a different reply. "Since the veteran did not claim entitlement to a temporary total rating based upon the need for convalescence until more than one year after the date of the surgeries and her need for convalescence began, her claim does not fall within the exception to the rule establishing the effective date of a claim for increased rating. The pertinent facts are not in dispute and the law is dispositive. We note as well, that the legislative and public policy purpose of providing a temporary total rating benefit is to provide veterans with a subsistence support during convalescence, when employment is precluded. To accomplish this purpose, therefore, it stands to reason that the claim for the benefit sought must be filed in proximity to the need for the benefit. Allowing claims to be filed years after the need for such support has expired, i.e., after the veteran has returned to work, would subvert the purpose of the benefit. In any case, the Board is without authority to alter controlling law and regulations. Accordingly, this claim must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994)." from:http://www.va.gov/vetapp08/files4/0829289.txt My surgery was performed at a civilian hospital, once again I didn't know I was service connected at the time. Link to comment Share on other sites More sharing options...
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Done wit this
I figure Some-one On here had to have gone through this besides Me ..
How long Until VA pays Me the 100% rate for down Time after surgery?
Thanks
Macool
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