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The Run-around?

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AimHigh1986

Question

I was recently granted service connection for heart bypass surgery (temp 100%, 10% thereafter) secondary to SC hypertension. I submitted a 21-4138 on 11 Mar 10 to let the VA know that in their 26 Feb 10 decision, they only gave me 2 months of temp 100% instead of 3 months (as per the rating schedule 7017 for coronary bypass surgery) and the inferred SMC (100% + 60% rule). I foolishly expected them to make the correction based upon the evidence I already provided.

Today I received a VCAA letter where they want "medical evidence showing you had surgery and/or received medical treatment for a service connected disability which required a convalescence period of at least one month, or hospitalization of at least 21 days." For the SMC, they need evidence showing the I "have a single service-connected disability evaluated as 100 percent disabling AND an additional service-connected disability, or disabilities, evaluated as 60 percent or more disabling."

How could they ask for evidence of my surgery when they just granted service connection for heart bypass surgery???? How can they ask for evidence of a single service-connected disability evaluated as 100 percent disabling when they just granted 2 months of temporary 100%??? And surely they must know that I was already 70% for other disabilities...?

Is this a ploy to frustrate me to give up on my claim, or do they genuinely need this information AGAIN?? I have nothing new to give them except for what they already have.

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Don't know if this is what they're after, but for them to get the dates right they might need the following documented: proof of date of surgery; proof of date of release; proof of convalescense period if stay was less than 21 days; ...

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  • HadIt.com Elder

I have found that if they ask for something no matter what give it to them.

Veterans deserve real choice for their health care.

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I have found that if they ask for something no matter what give it to them.

Amen to that. I'm sending my evidence in again. This time I'm including my hospital discharge instructions and a copy of a letter my doctor wrote for my job, but I don't know if it's what they're looking for. It should be a no-brainer that heart bypass surgery requires at least one month of convalescence. This is really wearing me down and makes me just want to give up. :D

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  • Content Curator/HadIt.com Elder

Check your calendar dates. The VA starts payments on the first of the following month, regardless of the effective date. So, if your effective date was April 2nd, you prolly wont receive any cash until May 1st. Not sure if that's how it is for temp conv, but that's how it works for regular disability. Ripoff.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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