ptsd Dazed And Confused

[jpaul]

Have been rated at 0% for scars shell fragment wound since 1971 among other injuries to my left side. Since then other serviced connected issues have brought my rating to 100% IU PT. Going to have a TKR done on my left knee next week at the LR VAMC. During the pre operation screening yesterday the APN asked if the knee is service connected and I told her yes. She said that she would fill out the paperwork and forward it to the Regional office for a temporary rating. She looked at her screen and no knee rating showed up. She recommended that I go the regional office and have this corrected. Regional Office says that the rating for the knee is in their computer and that's all that mattered. He looked at his screen again and said that since I was being paid at the 100% rate there would not be any increase in the dollar amount received. Asked about SMC S in having one rating at 100% and others at 60%. He stated that the one at 100% rating had to be a permanent rating and that temporary ratings do not apply. At that point my PTSD was coming to the surface and I knew that I had to leave right now without being escorted out. When I had my prostate removed I received SMC-S temporarily. Have things changed? Sure would be nice to have the claim and the paper work submitted by the VAMC. Should I file electronically next week to save the date?

I know the money for SMC-S is only a few hundred more than what I now receive but I feel that if a claim is justified than submit it.

[Philip Rogers]

Where are the scars and what size are they?? You can be awarded an "s" award on a temporary condition, just as you can receive TDIU temporarily. If the scars where rated too low you could have a CUE, for some retro money. I helped a brother Nam vet win retro on a wrongly rated machine gun bullet wound scar. They had rated it "0%".

The last page they didn't give you is called a "blue sheet." They fear giving out the raters names as they feel the claimant could go crazy, hunt them down, and kill them or do something to their families. jmo

Also you mentioned something about a 100% rating being permanent, which you are by being P&T.

An "s" award is currently paying $336 monthly or the equivalent of a monthly car payment.

pr

Edited September 21, 2013 by Philip Rogers

[jpaul]

Thanks for the reply. While I was recovering from Prostate Cancer I was temporarily rated at 100%. I didn't quite believe the person at the VARO telling me that the disability rated at 100% had to be permanent.

[harleyman]

Have been rated at 0% for scars shell fragment wound since 1971 among other injuries to my left side. Generally speaking scars are rated at "0 percent" unless they are disfiguring, or they are painful. A painful scar is rated at 10%. Residual from a wound or surgery is rated under the specific body part or system which th wound my have affected. Such as the muscles surrounding the area or bone fracture, etc.

Since then other serviced connected issues have brought my rating to 100% IU PT.If you are 100% IU P&T then the VA covers all your treatment, for everthing.

Going to have a TKR done on my left knee next week at the LR VAMC. During the pre operation screening yesterday the APN asked if the knee is service connected and I told her yes. She said that she would fill out the paperwork and forward it to the Regional office for a temporary rating. She looked at her screen and no knee rating showed up. She recommended that I go the regional office and have this corrected. Regional Office says that the rating for the knee is in their computer and that's all that mattered. He looked at his screen again and said that since I was being paid at the 100% rate there would not be any increase in the dollar amount received. You are entitled to a list of all your service connected conditions and thier percentage of disability. The VA should send that to you and you will know exactly what is S/C and at what percentage.

Asked about SMC S in having one rating at 100% and others at 60%. He stated that the one at 100% rating had to be a permanent rating and that temporary ratings do not apply. You are entitled to temporary 100% following a surgery. However, since you are already at the 100% rate because of IU, you will be entitled to SMC S ONLY if your other conditions meet 60% disabled while the TKR is being rated at the temp 100%. If you do not have a combined 60% (when you separate the knee condition out from your remaining conditions, look to see if you have 60% disabilities remaining. If yes, then SMC S - if not then no change in you benefit as you already are 100%.

At that point my PTSD was coming to the surface and I knew that I had to leave right now without being escorted out. When I had my prostate removed I received SMC-S temporarily. Have things changed? Sure would be nice to have the claim and the paper work submitted by the VAMC. Should I file electronically next week to save the date? You do not have to save the date, your surgery will be confirmed by the doctor's operative report. You have up to one year from the day of your surgery to apply, but you can apply prior to your surgery, however, it will not be processed unitl the RO gets a copy of he surgery report. I beleive the temp 100% for post surgery recouperation is for 1 year following surgery.

I know the money for SMC-S is only a few hundred more than what I now receive but I feel that if a claim is justified than submit it. The claim is justified, it all depends on your current disability ratings for the conditions Other than your knee. Those remaining diabilities will determine if you get the temporary SMC S.

[Berta]

One thing about scars ...the Myler V Derwinski CUE award is still one of my favorites and I have discussed that case here over the years.

Myler had a 'clear through and through" Gun shot wound to his arm.

Meaning he had an entrance scar and an exit scar but the CUE claim he filed was because the VA would not rate his muscle involvement caused by the wound.

Harleyman is right on the mark here:

"Residual from a wound or surgery is rated under the specific body part or system which th wound my have affected. Such as the muscles surrounding the area or bone fracture, etc."

It sure gets me that Myler had to go all the way to the court ( I think that was the COVA court ,under Sec. Derwinski) to prove that a gun shot wound didnt rest on the entrance and exit of the bullet but also on ANYTHING in between injured ,such, as in his case, muscles in his arm that the bullet passed through.

I think he only got 10% out of the CUE award but it was quite a bit of retro anyhow because he fought them for years on it.

Cripes the VA's logic sometimes is ludicrous.

If the EN shoots you, the bullet doesn't hit, then bounce off ,change trajectory and then hit the other side of your body, causing only 2 scars. DUH

.

Edited September 21, 2013 by Berta

[jpaul]

Thank you all for you replies, they clear up a lot of confusion on my part. The scars on my knee that is being replaced are from shell fragment wounds from an RPG while in Vietnam. Still have pieces of shrapnel in my left arm that are rated at 20%. I receive compensation from other disabilities (Agent Orange cancer residuals, PTSD, left arm, hearing, and tinnitus) that all add up to 70%. I have been rated TDIU permanent and total since 2003. The temporary 100% for the knee with the other that add to70% will let SMC-S kick in for 1 year.

I thought that the gentleman I spoke with in person at the Regional Office was wrong. He said that I was ineligible for SMC-S. Thanks to Hadit I know that he was wrong.