hypertension The Run-around?

[AimHigh1986]

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.

[AimHigh1986]

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.

My heart surgery was 2 Jul 09, which should be the effective date. Logically, the 3 months of temp 100% should then kick in for Aug/Sep/Oct, with the 10% thereafter kicking in on 1 Nov 09. In VA-logic, they made the effective date 3 Aug 09 (the date they received my claim) and only gave temp 100% for Sep/Oct with the 10% thereafter starting 1 Nov 09. They made an entire month disappear. :D

[mags1023]

My heart surgery was 2 Jul 09, which should be the effective date. Logically, the 3 months of temp 100% should then kick in for Aug/Sep/Oct, with the 10% thereafter kicking in on 1 Nov 09. In VA-logic, they made the effective date 3 Aug 09 (the date they received my claim) and only gave temp 100% for Sep/Oct with the 10% thereafter starting 1 Nov 09. They made an entire month disappear. :D

This is typical VA BS. You can't assume they will use their brains or common sense for anything. I would draft a letter for your cardiologist and state in writing that you "required 90 days convalesence leave". If he'll do it, you may want to also put in the letter that the bypass was "at least as likely as not" associated with your service connected heart condition. Leave no room for their interpretation.

Good luck and hope the bypass helped!

[AimHigh1986]

This is typical VA BS. You can't assume they will use their brains or common sense for anything. I would draft a letter for your cardiologist and state in writing that you "required 90 days convalesence leave". If he'll do it, you may want to also put in the letter that the bypass was "at least as likely as not" associated with your service connected heart condition. Leave no room for their interpretation.

Good luck and hope the bypass helped!

Thanks. They already granted SC for my heart condition, which is why I don't understand how/why they won't follow the rating schedule for heart bypass surgery. It clearly states "three months" temporay 100%. I think the VA purposely frustrates us to make us give up. But what do they have to gain by shorting us our compensation? New office furniture or something? LOL!

[Pete53]

Never give up.