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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.

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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

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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

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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.  

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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

 

 

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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

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