Dro Decision In Our Favor. Is That It?

[xray328]

My wife had a total knee replacement 9/10. She was awarded 100% for 13 months following the surgery, which was then reduced to 30%, the minimum for a knee replacement. She has pain and weakness in that leg since the surgery to the point she can barely walk up the stairs. We applied for an increase to 60%, which is the rating for weakness and residual pain. This was initially denied because she has to have weakness in her leg to be awarded the 60%...after 18 months of waiting..sigh. So we appealed via DRO, she got notice Friday her rating is now 60% retro to 11/2010.

But it says "This decision represents a partial grant of benefits sought on appeal". Not sure waht that means exactly, we asked for 60% and got it.

Theres also a form that says "Expeditied Processing, Waiver of 30 day Waiting Period, Pelase forward my case to the BVA"

I'm assuming that's just if we disagree with the DRO?'

So are we done?

E-benefits AB8 still says 40%. (30 for knee, 10 for back)

[john999]

When they say partial grant they mean anything less than absolute maximum benefit available. If she is unable to work then that means she might be able to claim TDIU or 100%. That would probably be a complete grant but maybe not. She might be able to claim SMC. If you think your wife is more disabled then appeal via BVA. You having nothing to lose.

[FormerMember]

See AB v. Derwinski back in 1991 or 92. Any claim is assumed to be for the maximum amount you can attain. By only asking for 60%, you have left something on the table in VA's eyes. Since Buie, TDIU is always for application at a minimum as well as for pain and other incidentals as Jonster has pointed out.

[Vync]

Congratulations on your progress so far.

I recently also had a successful DRO review and noticed that it took a few days after receiving my award letter for the ebenefits letters to be updated accordingly.

If you have not already, be sure to check your bank account for retro.

[Berta]

Great News!

One good thing about VA decisions.... just about anything can be appealed.

Almost every important appeal I ever filed was on an award letter, that resulted from an initial denial I had appealed.

Awards that,......on the surface seemed OK,

until I really gave them some thought and found the decisions were still wrong.

I wonder if they deferred TDIU for your wife......she will learn more soon on this....

A nice retro check is great but also time to think about putting some of it aside if an IMO might be what it takes to get your wife to the very highest level of SC she should be receiving.

"So are we done?"

I chuckled at that... many of us seem to Never be done.

Every vet has the right to attempt to gain the highest monetary award that they can ,for their sacrifice.

It sure isn't greed.... it is to insure that our Nation pays them it's full debt of gratitude .

(which you all have to fight for... as our first Commander in Chief spins in his grave)

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation." George Washington