Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
JustGettingStarted

Can you file Temporary 100% for Convalescence Retroactively

Question

How long to you have to file for temporary 100% convalescence for surgery on a service-connected condition?  I asked a VSO this question and he said I can file retroactively. so I put in a claim for surgery that was done in 2010.  But since, I have heard, and read a BVA case, where you only have a year to file.  

I need to know whether or not to withdraw the claim.  

The VA is scheduling me for knee exam that is being scheduled that I believe is unnecessary.  I am sure it is being scheduled because of my request for retroactive pay, however I already had a knee exam on 21 April 2016 as part of a re-evaluation exam..  The 2016 exam should be sufficient to determine my level of recovery from my 2010 surgery and it says "no future exams are required".  It seems like a new exam is a waste of time and money, so how do I cancel it?  

Is this a sign I might get retroactive pay and I should go to the exam, or should I just contact the VA about cancelling the claim and the exam?  Since I am over 55 and I've had the knee condition for more than 5 years, I think it would be rather difficult for VA to reduce my rating, but I wouldn't put it past them to try.  I almost feel like this is a form of harassment for filing 3 CUEs this year.  

Thanks for your advice.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I think uploading my last C&P exam with the cover letter may have prevented a new exam, or at least VA is considering dropping the new exam.  The status in eBenefits for awaiting info from a VA medical center changed.  It went from red to yellow and looks like the C&P Exam from last year is being reviewed.  I am posting a screen shot.  

Maybe common sense prevailed.

Screenshot_20170809-160442.png

Share this post


Link to post
Share on other sites

Ad

  • 0

I believe there is only a one year window to file for Temp Comp...

Have you posted any info on the 3 CUES here at hadit?

 "The 2016 exam should be sufficient to determine my level of recovery from my 2010 surgery and it says "no future exams are required".  It seems like a new exam is a waste of time and money, so how do I cancel it?  "

Could it possibly be on some other SC you have?

A friend of mine went ballistic when he got scheduled for a C & P exam for a 100& P & T disability that the VA stated would require no future exams.

We contacted the VARO directly and they dropped the idea.

What VARO is this- I might have contact info for them.

 

Edited by Berta

Share this post


Link to post
Share on other sites
  • 0

Hi Berta,

On the retroactive 100% temporary, after I filed I read a case at the Veteran's US Court of Appeals that said you only have a year to file.  But then I wonder why St Pete has set me up with another C&P exam on a condition that was re-evaluated last year and deemed "static" on my disability letter.  I hate to cancel the C&P and withdraw the claim because they are giving me a little hope.  Either that, or they want to try and reduce my disability, but that would be so easy to fight since I have a copy of the C&P exam that says I have a moderate malunion of my tibia and fibia.  

I do have a question about knee exams.  There is a question on the DBQ where it asks if there is atrophy.  I told the examiner that my left thigh was smaller than my right thigh, but she did not do a measurement.  Is there a rating for "atrophy" or does that just support your claim that you favor that leg due to pain/weakness, etc..???  I am talking a relatively small difference of 2 to 3 centimeters, depending on which part of the thigh is measured.  The left leg is much weaker than the right because there is still a lot of pain and I favor it.  I am wondering if it is worth going through the C&P exam just to have the atrophy noted.  (I had a crushed tibial plateau and possible broken fibia that never mended.  I have a metal plate with 13 screws--the doctors can't verify the fibia damage because of all the other damage and hardware).  

I know the upcoming C&P is for the knee because I called and asked.  LHI called and told me they had a 10-day window to schedule my exam, and I am gone 8 of those 10 days.  Hopefully they will not schedule the exam while I am gone, but I have a bad feeling about it.  It has happened before even when I told the schedulers I wasn't available.

The VARO is St Pete and I have no idea how to get in touch with them.  I have looked for a number and would call if I knew how.  On one hand, I don't want to point out that they probably shouldn't award temporary 100% that far back.  On the other hand, I would like to point out I had a good C&P exam just over a year ago, more than a year after my surgery, so it gave the examiner plenty of time to see how well I was healed.  

I have posted at least two of the CUEs in the CUEs forum.  One was for an eczema-like skin condition where I should have been given 60% instead of 0% because I am on constant systemic medication.  The other was for peripheral neuropathy secondary to cervical spondylosis--I was recently given 20% bilateral, but I was diagnosed while active duty.  It was claimed during my retirement in 2009 and is on my retirement C&P exam; additionally, on my recent DBQ for PN, the examiner said I had PN since 2000.  I don't recall if I posted the SCM-K; it should have been awarded in 2009 when I was service connected for endometrial ablation at 0%.  

Thanks for all your advice, help, and support.  

Share this post


Link to post
Share on other sites
  • 0

Oh Yeah- I think the eczema-like CUE was very good. I need to find the other ones.

Here uis the only contact info I have for St Pete's

St Pete’s Fla

Director Kerrie Witty  727-319-5900    (tyhis is both the voice and fax number)

Email kerrie.witty@va.gov

VSCM   Lillian Viera-Figueroa 727 319 5801

AVSCM   Millie Caban              727 319 5855

AVSCM Charles Ellis                  727 319 7212

AVSCM Betsy Fishman              727 319 7822

AVSCM Christine Moorby       727 319 7651

AVSCM Kelly Perillo                  727 319 7639

AVSCN  Sandy Smith                  727 319 7672

 

 

Share this post


Link to post
Share on other sites
  • 0

Thanks for the numbers Berta.  I am taking a different attack first.  

On eBenefits there is a section for "Needed from Others".  This is where they have the suspense for the C&P exam.  There is a place where the veteran can upload the information "needed from others" if they have it.  

I just uploaded a copy of my 2016 C&P exam with the following cover letter:

RE:  C&P Exam for Knee

Attached is a copy of a C&P exam that was performed on my knee in 2016.  I hope this will negate the need for another C&P exam on my knee since it was deemed after this exam that my condition is “static”. 

If the VA still requires another C&P exam, I will attend, but I believe it will be a waste of precious VA resources.

Sincerely,

Just Getting Started

 

Needed from others.jpg

Edited by JustGettingStarted

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines