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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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OCDMarine

Knees/Spine Inadequate Comp and Pen Exam

Question

Vets, If I received an Inadequate comp and pension exam (no use of goniometer) for my knees and back....  Should I file an appeal? or request that the DRO look at my case?  Thanks in advance for any advice

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How far back was your exam? You can certainly request a new exam, make sure to explain why.  If you are within a few months of your 1 year window, file the NOD, to save your EED.

Some others may chime in with better advice.

Semper Fi

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The exam was about a month ago...  No goniometer used.  10 percent still for each knee.  Should this be Bilateral?  and increased because both knees are damaged.

 

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Okay, now, do you have access to myhealthyvet?  If not, get it, yesterday, Marine! You will need the premium level to access your VA notes and such, via Blue Button download. On there you can see what was written at all of your VA appointments, including some C&P exams. You will have to wait and see what is decided for your exams, before knowing what to do next. Unless you can see the exam results on your blue button down load, and already know that they weighed in favor of denial.

You should be able to see what the examiner wrote, as far as ROM for your exams. 

Yes, your knees should be bilateral, and get the bilateral factor. If you don't know, it's an additional 10% added to the bilateral ratings only, before the rest of your ratings are added. For example your knees would be 10+10=19(VA math is 10% + 10% of remaining 90%, which is 9). Then the bilateral 10% is 1.9, making your 19 = 20.9, rounding to 21. Then your next rate is added to that, so 21% + 10%(of remaining 80, which is 8) = 29, rounding to 30% for payout. Just remember that when the VA adds to your combined rating, they don't add to the payout rate, but the actual rate, so, the next % is added to 29, not the pay rate of 30%.

I went through knee increase exam last year, didn't get a true increase on my bilateral 10%, but what I did get was an additional 10% for each knee separatly. The original rate was/is for pain, and the additional one are for ROM.

Semper Fi

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