Cue And Severing Service-Connection

AF1982 · June 6, 2012

Dear Hadit; First, let me start by apologizing for posting on the wrong forum. I did not mean to hi-jack anyone else's post.

Second, I was asked what month in 2002 my SC was established. My C&P was in July and my grant was in October, 2002. I went through Voc Rehab 2003-2005 due to my qualified disability. If anyone has questions, please feel free to ask. Thanks!

REPOST from yesterday:

I have just received a severing decision to my sc knee. The decision argues within itself...; it acknowledges my dislocated patella in the service and that a later automobile accident doctor verified it was an old injury, reaggravated by the accident.

Due to the area of AF service I was in, after I received my honorable discharge in 82 I just wanted to forget the military existed and wanted to try to move on with life. I was never one to run to doctors with my discomforts, as those who know me attest.

My knee was always a problem after the service injury; I just dealt with it, using my sleeve-brace and avoiding certain physical things when the knee would flare up.

7 years after my service I was in a work-related auto wreck and reaggravated my knee. The work-comp doctor documented it was an old injury reaggravated.

In 2002 my knee was at the point where it was dangerous to me. I'd already had one fall and the constant locking and swelling was driving my wife up the wall. So, I sought VA Voc Rehab and was told I also qualified for SC benefits. My disability was evaluated and recognized at 20% at that time. I wasn't seeking SC benefits, only Voc Rehab, but VA said I qualified for both. I told them about the 1989 auto wreck, as I had no intention to lie to them and they asked for my history. I was approved for Voc Rehab and SC disability at 20% in 2002.

In 2005 my rating went to 30%. 2006 and 2007 I had (2) knee replacements (of my problem knee). The 2nd was due to the first messed up by the VA doctor. My rating went to 60% and my back, neck and hips (and good knee) have been affected by my shifted body-weight being carried.

Following a dismissed med-mal suit against the VA surgeon of the 2006 knee replacement, the VA (U.S. District) attorney emailed VA claiming my disability-injury was not service-connected. This claim was NEVER MADE or even INFERRED, during the lawsuit. This attorney is NO LONGER a U.S. District attorney, as he left that office when I requested a FOIA of his notes and contacts concerning his claim.

My Congressman is involved, and has been the ONLY WAY my attorney and I have been able to get VA to respond to our letters and/or his legal requests in the matter. I have requested an electronic copy (email) of the Sever Decision, and when it is received, I would greatly appreciate your input.

Thank you - I look forward to hearing back.

rdawg · June 6, 2012

is there any medical evidence that your knee is not service connected? Last time I checked an attorney is not a doctor. Did you check the rating schedule? do they consider your knee better now that it has been replaced? What is the complete wording of the decision? You've posted twice now and only include a snippet of the decision??

Philip Rogers · June 6, 2012

You stated "My C&P was in July and my grant was in October, 2002." When was your application date?? What year was your July C&P?? Was the 2002 October grant the day it was decided or the award date?? If your C&P was July 2002 then your award should be at least July 2002. Can you post that award letter?? Thanks!

pr

Berta · June 6, 2012

"The 2nd was due to the first messed up by the VA doctor. My rating went to 60% and my back, neck and hips (and good knee) have been aff....."

Did the rating award a SC rating instead of 1151 for the medical error?

In other words Did the decision say “as if” service connected for the additional comp?

or direct or secondary SC?

“Following a dismissed med-mal suit against the VA surgeon of the 2006 knee replacement, the VA (U.S. District) attorney emailed VA claiming my disability-injury was not service-connected. This claim was NEVER MADE or even INFERRED, during the lawsuit. This attorney is NO LONGER a U.S. District attorney, as he left that office when I requested a FOIA of his notes and contacts concerning his claim.”

So, if the VA rating did not include a Section 1151 award for the higher rating, you certainly could file a 1151 claim now if you have documented medical proof of this:

“The 2nd was due to the first messed up by the VA doctor”

Our esteemed member here, Philip, got a proposed severance changed into 100% for a vet here many many years ago.

I never forgot that and in my opinion when the VA tries to propose a reduction, sometimes along with a hearing request the vet can often ask them for more comp, with a formal claim while they are preparing for the hearing on the reduction idea.

This is odd because the VA Regional COunsel wanted to settle with my under FTCA within months after getting my evidence.

Then he was set to retire but obtained a Peer Review report from the VA that also concurred with my charges and he told me he was taking the Peer Review right over to the VARO himself to support my 1151 claim. is office was only a b;lock away at that time.

That is when the MF showed up-the mysterious force.....employed by the VA.

The RC retired, the Peer review doctor got fired, the OGC then got the case in DC and the MF skillfully removed my most critical evidence from the C file.

Only by dealing directy with the OGC and their Strategic health team in Washington, did I discover wat the VARO had pulled on me.

It didnt work. but added two years to my eventual settlement and 1151 award.

(The MF put the stuff back into my C file too . You must think this sounds nuts but I learned some amazing things about how low the VA will go over a wrongful death lawsuit.)

This happened years ago- my husband died due to VA health care almost 18 years ago.

The VA just awarded an additional 1151 issue I had in January regarding a claim I had filed in 2004.

Again find I am assuming a lot here at hadit- that is often the best we can do based on what we are told here.

Like Philip I too would love to see that award letter.

There is no time limit on filing a Section 1151 claim.

In the proposed reduction did the VA question continuity of symptoms?

Do you have a paper trail of medical attention and treatment since getting the original award?

Can you also scan and attach here (cover the personal identifying stuff) the proposed reduction letter?

Edited June 6, 2012 by Berta

AF1982 · June 6, 2012

Thank you to all of you. Below are from my attorney brief submitted in January, 2012. Notice the date of original grant of MAY 24, 2002 AND THIS NEW DATE OF MAY 23, 2012. ATTACHED.

THIS IS FROM LETTER DATED MAY 29, 2012, SEVERING SC ON AUG. 1, 2012

HAS NOT BEEN SCANNED… RATING DECISION MAY 23, 2012 (1 day from 10-year period!)

Your Award Amount and Payment Start Date

Your monthly entitlement amount is shown below.

Monthly Payment Reason for Change

Entitlement Start Date

Amount

$1,102.00 Dec. 1, 2011 Cost of Living (This did not automatically adjust to

your award)

0.00 Aug. 1, 2012 Service connection for your Status post total knee

arthrplasty is severed. You will have no service

connected disabilities.

===========================

Thanks! Hope this information helps.

Edited June 10, 2012 by AF1982

Philip Rogers · June 6, 2012

I don't think they can legally sever your SC. While the order is within the time limits the actual severing is not. I think your lawyer knows what to do. jmo

pr

AF1982 · June 6, 2012

Berta;

An 1151 was attempted afew years back; VA said SC could not file on it. Then the med-mal was filed.

A sister died last night. I won't be posting anymore today. Thank you to all of you. I hope the last comment was right and that the severance is stopped. Can't really afford to lose it and pay the bills.