Current Disability Claim, Surgery And A Cue Claim

[Okichewy1]

1st, I have a current claim for disability with about 22 contentions (new/secondary, or increases). Some of these contentions are for my shoulder that I just had surgery done on the 9th, the C&P is on the 28th. Will that affect the exam? Or will they wait?

Also, my current disability claim has been in since November 2014, I just submitted a CUE claim at the end of March 2015. Is there a possibility that the CUE and disability claims will be worked together and awarded at the same time?

thanks

[saints13]

They may work the convalescent part and maybe some of the easy conditions then defer the other conditions for a later date. That is sure a lot of conditions to be working on. Your claim may take along time to complete, just my opinion.

[Okichewy1]

that is fine for the timeline to complete it. There are only a few of the contentions that will probably rate above 0%, but would make my disability rating complete with all this.

Wasn't sure if they would defer something for a long period since the Surgeon said full recovery would take about 6 months.

[Berta]

Have you formally applied for the Temp convalescense pay?

The regs are here:
"Under 38 C.F.R. § 4.30, a temporary total rating for convalescence will be assigned effective from the date of hospital admission and continue for 1, 2, or 3 months from the first day of the month following hospital discharge when treatment of a service-connected disability results in (1) surgery necessitating at least one month of convalescence; (2) surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited); or (3) immobilization by cast, without surgery, of one major joint or more. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physical examination will be scheduled prior to the end of the total rating period. An extension of 1, 2, or 3 months beyond the initial 3 months may be granted and extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made, upon approval of the Veterans Service Center Manager. 38 C.F.R. § 4.30."

I couldnt find a specific form at the VA web site but a 21-4138 would do.
Refer to and attach to the form any medical evidence of the hospitalization and recovery period. (make sure your C file, name, and address on anything you attach)


" Is there a possibility that the CUE and disability claims will be worked together and awarded at the same time?"

These are separate issues.They should work on them in order, by date they were filed.

[Okichewy1]

My VSO rep sent in my signed form for the Temp convalescence pay the day after surgery. How does this work? I was given 18 no work status, then 6 weeks very limited duty status from the day I returned to work, then was told that complete recovery would probably be about 6 months or so. How do they determine the convalescence pay timeframe?

Thanks for the info on the CUE and disability claim being separate.

[Okichewy1]

Update:: My CUE claim and temp claim were added to my current disability claim. My disability claim I had 2 C&Ps done with the key contentions having good outcomes of the exams and others were completely not related to service (I can understand some of them being this way). About 2 weeks after my exams, it moved to preparation for decision and then a couple days later moved back to gathering of evidence.

Playing the waiting game now.