Long Wait For Compensation Increase - Someone Will Call Us In 5-7 Days?

[xray328]

My 34 yo wife had a total knee replacement on 9/11/09. She got 100% temporary for 1 year. This was reduced to 30% which is the minimal amount for a total knee prosthesis. This can be increased to 60% for residual weakness or pain. She can now barely walk up the stairs due to some kind of nerve damage during the surgery.

The 100% expired 10/10 and was reduced to the minimal 30%. We expected VA to schedule a routine follow up since the 100% expired. But as of 11/10 they hadn't.

So in 11/10 we filed an increase in compensation request. She was seen by VA in 1/11 for an exam where the doctor agreed she should be more than 30%.

We've checked with VA in both 7/10 and on Friday and they said the claim is still in the development stage ( I think that was the term they used) they said claims can only be there for 130 or so days and hers was over 180 at this point. Si when we called Friday we expected fir things to have moved along, but they hadn't,

They told her someone from VA would be contacting her regarding the claim in 5-7 days.

Anyone know what the call is for? We've never heard of them doing that.

We didn't expect an increase in benefit to take this long.

Thanks in advance!

[xray328]

Sorry meant to say we called in 7/11 not 7/10.

[COOL BREEZE]

Sorry to hear about the long wait time. For now, the VA is experiencing a long wait time for all claims. The back log is due to many factors. Agent orange claims, large number of Veterans injured from fighting two wars, plus the regular back log. Do you have a service officer helping you with your claims? If so, so if they can assist in seeing whats going on. Also you Can send in an IRIS, or have the 800# send one in for you to see what is going on.

[cooter]

Was it the 1-800# that gave your wife all that information? If it was, and I'm sure it probably was, it's no wonder you are wondering what's going on. Take whatever they say with a grain of salt. Whoever that person was that told your wife that the claim can only in the developement stage for 130 day's is totally wrong. There's been claim's that's been there over a year. I'm surprised they didn't give her a followup exam 1 year postop. They did for me and increased my TKR rating to the 60% max, and didn't even apply for it. Did you have a VSO work your claim? I wished she would of requested the followup exam with VA before she submitted this claim and probably would of saved all this extra time and hassle. But you never know, they might of kept her at the 30% and had to file a claim anyway. What is her ROM measurements? Did she get a copy of the exam the Dr agreed it should be increased to 60%? If not, I would get one just to see exactly where this claim is heading as far as getting an award. Not sure why their suppose to call in 5-7 days either. All she can do is hang in there and be patient until she hear's something.

[xray328]

She called the 1-800-827-1000 #. We are totally used to the long waits, I guess we just thought such an obvious decrease in muscle weakness things would of moved along faster. Her ROM was 105 degrees during PT but is now probably 90 or so. We think the anesthesiologist damaged the femoral nerve during the nerve block. He said he had a difficult time getting her numb and she ended up with an inability to do any sort of straight leg raise. She can barely walk up stairs, can't ride a bike and can't run. Anything that involves the quad firing causes her great difficulty. She went to see neurology and they said there us definitely a nerve deficit. All this was done outside VA. Her PT experience was awful because she had no quad strength. Neurology said she may get function back, but doesn't expect any improvement for probably 10 years. Apparently peripheral nerves can grow back but they do so incredibly slowly.

She did not use any outside help to file this request if increase. Is it worth it at this point? We dont want to delay things further.

Curious to se why this phone call is about.

[john999]

Do you have time to file suit againt the doctor who hurt your wife. I am suing a doctor who misdiagnosed my staff infection. You usually have two years to sue these bastards.

[cooter]

Like John said, I would at least get in contact for legal advise from a malpractice attorney. Since she had her surgery outside the VA is probably the reason the va never contacted her for the 1 year postop exam. I'm assuming that was a C&P exam she had on 1/11, and if it was, it sounds like the ball is rolling towards your favor. The PN can be SC by secondary to the surgery, but if she get's the max rating of 60% for the TKR it might be considered as pyramiding. That would have to be an opinion from other members here that know the rules of pyramiding, as I don't have that knowledge. As far as the phone call, I wouldn't even venture to go there since I have no idea what it would be about. I prefer not to give you any false hope or sad news, since I would only be guessing. Did your wife happen to get a copy of the 1/11 exam? Also, is that yours or wifes profile showing 40% disabled?