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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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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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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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Jason1611

Total Knee Replacement Revision and Compensation ?'s

Question

I have a question that I have not been able to get an answer to from anyone. I am 30% service connected for Knee that had a total knee replacement in Dec 2015, I received 13 months temp 100% and than received my 30% for the knee. Knee never worked right and Dr recommended a revision of the total knee replacement done in 2015. Had revision done to my previously totally replaced knee on 25 July 2017, surgical notes list surgery as revision left total knee arthroplasty. Surgeon had to completely remove and replace all prosthetics and components from previous knee replacement, plus added some more. Surgeon told me this will be a harder, longer, recovery than my first total knee replacement. My main question is do I receive the 13 months temp 100% for the revision of total knee, just like when a total knee replacement is done? If so do you file the claim just like for a total knee replacement, is it as easy as that? Anything special that I need or they require to grant it? Does VSO need to do anything special? Is it as cut and dry as it is when filing for the 13 months temp 100% for total knee replacement? Anybody have any experience or advice on this, I would really appreciate it. I just had the revision and I have great anxiety over this going smoothly. Don't know how I will provide for my family if it doesn't, I'm going to be out of work for a long time on this. I'm filing next week when I get all my surgical records with my VSO, so could really use some input. 

Thanks

Jason

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Gee, I was answering to a different poster here----

RLC asked:

"I had total left knee replacement 10-02-2018 and believe me it's been 8 months and I became infected something awful suffered with unbelievable pain and swallowing with knots all over this  left knee although it's been 8 months I'm barely able to walk well unbeknownst to me the VA calls me said they've scheduled me for an orthopedic appointment with doctor Doll chief orthopedic revision surgeon fron Emory asked why and was told this doctor had reviewed my past x-rays and saw something he wasn't dure of this has me a little worried because I'm just not sure I can go through another awful surgery like the first. I'm not sure in the event if I accept this revision surgery do I refill for an extension for convalesce 100%?just someone with experience in revision and how extension to my now convalesce pay thanks.

I would think you would be granted an additional  Temp comp payment--O dontse why not 

But what concerns me here is this sounds like the basis for a Section 1151 claim.

Did the surgeon you had ,who did the TKR work for the VA or was he/she a contractor.?

https://www.accesstocare.va.gov/ourproviders

use the state toggle to find out if your doctor is in their list for your VAMC.

Contracting providers are exempt from Section 1151 and FTCA malpractice claims.

 

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I need to clarify something:

you said:"appointment with doctor Doll chief orthopedic revision surgeon fron Emory asked"-I think the temp comp might depend on whether he or the surgeon is a VA employee....anyone know?

This case might help you too- as to the ratinngs you should have now and those after any successful revision surgery:

https://www.va.gov/vetapp19/files2/19114934.txt

The vet however was denied Temp comp after the revision because it appeared to improve his situation considerably.

"Regarding the 2013 examination, the Board notes that this is the first exam after the end of the Veteran’s 100 percent rating and that he was already reporting significant levels of pain ranging from 2 out of 10 to 6 out of 10 with persistent frequency. The Board, as noted above, places significant weight on the findings of the 2018 examination. All testing required under 38 C.F.R. §4.59 was conducted. The Board notes the Veteran experienced pain of 8 out of 10 during episodes of locking. These symptoms appear to be consistent in nature from the Veteran’s orthopedic appointment in 2014. The Board finds that the Veteran’s symptoms of anterior instability, pain on movement, functional loss due to pain, and the functional impairment to daily activities of living all warrant a higher rating. All the symptoms and reports noted above form a picture of his disability consisting of chronic residuals with severe painful motion. As a 60 percent rating is the highest rating available under DC 5055 the Board will not discuss ratings under DC 5256, DC 5261, or DC 5262. The Board also considered whether an extension of the total disability rating is warranted for the period from November 1, 2012, but found the evidence did not show convalescence of the Veteran from November 1, 2012 forward."

Ibid.above 

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In answer to your question, "Do you AUTOMATICALLY" get another temp 100 percent for a knee reviesion"?, the answer is no.  The only thing VA does "automatically" is delay and deny you.  

According to CCK law, I read this that you may/may not be eligible for a "second" 100 percent rating:

https://cck-law.com/news/news-temporary-and-total-disability/

Dont take my word for it tho.  I did not see anything that suggests a convalescent rating is a "one time" rating.  

 

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      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


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      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


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