Cue And Severing Service-Connection

[AF1982]

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.

[john999]

If my SC was at stake and I thought I needed some paid help I would find a way to get the money!!!!!

[AF1982]

Is there a set method used to calculate days that takes into account for mailing times, etc?

[Philip Rogers]

I believe the VA generally uses 3 days, when mailing something to us and that would make it past the deadline. I wouldn't put it past a VA employee to pre-date the decision, either.

pr

Is there a set method used to calculate days that takes into account for mailing times, etc?

[AF1982]

I think it was pre-dated. My Congrssman office had sent VA a note on the 22nd, checking on status; VA SAID THEY WERE STILL WORKING ON IT (per email I received from Congress office on 22nd)

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

RATING DECISION DATED 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.

[AF1982]

Berta, you asked "Did the rating award a SC rating instead of 1151 for the medical error?" 2002 initial award of 20% stated sc.

How is an 1151 filed? The 1st knee replacement surgery done wrong required a 2nd one less than a year later.

I like this idea: "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."

You asked, "In the proposed reduction did the VA question continuity of symptoms?" Not since award (VA has all 2oo2 on treatment files; but between 1982 and re-injury in 1989.

You asked, Do you have a paper trail of medical attention and treatment since getting the original award? Yes.

You asked, "Can you also scan and attach here (cover the personal identifying stuff) the proposed reduction letter?" My scanner doesn't work, but I'm working on the typing of decision.

[Berta]

We have an enormous amount of info on Section 1151 claims in our FTCA forum.

In my Feb 8,2011 post here is a template for this type of claim. There is no formal VA form for 1151 claims.