100% Disability

[Charleese]

Hi Everyone,

The question I have is: if a person has their sc knee operated on how and when does he get 100% disability? The reason I am asking is because I know of a Vet who had his knee operated on last week, and when he called the VA this morning they told him that the only way he can get 100% disability for it, he would have to drop his appeal for that knee. Is this true and if so why?

Thanks!

[carlie]

That is BULLSH*T - Do not drop the claim.

As far as getting 100% -- that may be permissable for his recoupment period after surgery - don't count on it though.

But if he drops his claim who has put in writing he will get 100 % SC for it.

Damn they make me laugh.

OMO carlie

[Charleese]

That is BULLSH*T - Do not drop the claim.

As far as getting 100% -- that may be permissable for his recoupment period after surgery - don't count on it though.

But if he drops his claim who has put in writing he will get 100 % SC for it.

Damn they make me laugh.

OMO carlie

Thanks Carlie, it just doesn't sound right to me either. This 100% is just temporary after his surgery. Why would he had to drop his appeal for something that's temporary.

[vaf]

Someone correct me if I'm wrong, but the temporary 100% is for the month or more that the veteran must convelesce due to surgery for a service-connected condition. It's in 38 CFR, Part 4.

Put your inquiry in through the VA website, and get a response in writing.

That's nuts. I hate it when that happens, good thing you were skeptical.

[Charleese]

Hi everyone,

Thanks for replying. I told this Vet to call back 800# and ask them to send him the regulation or policy on his having to drop his appeal in order to receive 100% disability. I also told him to have them send him whatever papers he needs to have filled out by his doctor to get the 100% disability. As soon as he talks to them he is suppose to call me and let me know what they say. Once I hear I will let all know what he said. Thanks again.

[john999]

Charlese

That is such BS about having to drop appeals to get 100%. That may be part of some deal cooked up between the VSO and the VA to save paperwork. From past experience I would say it is usually a bad idea to drop appeals even when you get what you want. The VA then closes the book on the claim and that means EED and any thing else to do with the claim including P&T at the time. Say for instance a vet gets 100% but does not get Chapter 35 benefits. I would keep the appeal going and ask for the Chapter 35 as part of the appeal and then you keep the EED for chapter 35.

[Railroader]

I was just receive SSOC today and was increased to 40% from 20% for lumbosacral strain with spondylosis and lumbar stenosis.

I was denied SC for cervical stenosis w/spondylosis and SC for allergic rhinitis and photophobia.

Now I have 40% for back

10 for pes cavus

10 for tinnitis

What is my tolal for these added or combined?

If I agree with the 40% and they send it back to the BVA will it hold my 20% increase up until they decide the other two denials?

Railroader

[Vike17]

Railroader,

40%+10%=10%=51%, rounded down to 50% according to the combined ratings table.

If you pursue your other issues on appeal, it will not affect your increase from 20% to 40% for your back. You will start to receive your new combined rating regardless of what other issues you have before the BVA.

Vike 17

[Philip Rogers]

I was just receive SSOC today and was increased to 40% from 20% for lumbosacral strain with spondylosis and lumbar stenosis.

I was denied SC for cervical stenosis w/spondylosis and SC for allergic rhinitis and photophobia.

Now I have 40% for back

10 for pes cavus

10 for tinnitis

What is my tolal for these added or combined?

If I agree with the 40% and they send it back to the BVA will it hold my 20% increase up until they decide the other two denials?

Railroader

Should be 51% rounded to 50%.

pr

[Former Member]

I think they will send you whatever they owe you on the 20% to 40% claim but you should file a NOD on what they did not grant.

It doesn't seem right that they awarded on lumbosacral strain with spondylosis and lumbar stenosis but did not associate the cervical spondylosis with that.

[Josephine]

Say for instance a vet gets 100% but does not get Chapter 35 benefits. I would keep the appeal going and ask for the Chapter 35 as part of the appeal and then you keep the EED for chapter 35.

What does this mean? anyone?

Thanks,

Josephine

[Railroader]

Thanks, everyone.