Can you file Temporary 100% for Convalescence Retroactively

[JustGettingStarted]

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.

[JustGettingStarted]

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.

[Berta]

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 August 3, 2017 by Berta

[JustGettingStarted]

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.  

[Berta]

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

 

 

[JustGettingStarted]

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

 

Edited August 3, 2017 by JustGettingStarted

[JustGettingStarted]

My request for my C&P appointment to be cancelled since I had the same exam in 2016 was ultimately ignored.  Even worse, I have to see a contract doctor I saw in May that screwed up 3 C&P exams for me.  I had all those claims denied shortly after his exams, and I got all of them reopened due to all the evidence that was overlooked.  Dr. J. Yoo,  in Fort Walton Beach, FL, spent about 5 minutes with me for 4 exams and said, "This is easy-peasy for me because everything is in your medical records".

I am taking my husband with me as a witness to this exam.  I am also taking a copy of my last knee exam DBQ with updates I have made but I will make him go over the exam line-by-line.

I am giving the examiner a letter prior to my exam.  It may back-fire on me, but there is no way his exam can reduce the rating on my knee unless he is untruthful.  I can't stand to see this examiner screw other vets over who need the disability more than I do.  Here is the letter"

Dear Dr. Yoo,                                                                                                                             22 Aug 2017

I saw you for several VA exams on 15 May 2017.  Prior to the exam, I provided copies of medical records and chronologies relevant to my exams.  During the exam, you only spent about 5 minutes with me where you said, “This is easy-peasy for me because everything is in your medical records”.  Unfortunately, this resulted in multiple omissions and errors in the DBQs that were filled out. 

1.  I had a skin exam, which included eczema.  Prior to the exam, I was mailed a questionnaire with instructions to fill it out and provide it to the examiner.  I said I was taking daily systemic medication twice on this form.  I also provided pharmacy records with systemic medications highlighted and a chronology that had the systemic medication history on it.  However, the skin DBQ stated I was not taking any medication for my skin conditions.  This made a huge difference when I received a rating and now it may take years to fight the VA due to this discrepancy.

2.  Also, the GI exam stated, “no documentation of GI related issues during service”.  I had provided a chronological history of the issues along with supporting military medical records showing chronic constipation from 2006 until I retired in 2009. 

3.  The Hemorrhoid exam said the onset of symptoms was in 2009.  The military medical records and a chronology I provided said I was diagnosed with hemorrhoids in service in 2007 during a failed colonoscopy. 

I kept copies of all the documentation I provided during my exams and I brought them with me if you wish to see them. I also printed out applicable pages from the DBQs.

My concern today is that I receive a complete and accurate exam on my knee condition.  I also wish to have my husband present during the exam.    

In the future, please keep in mind that C&P exams mean a lot to the veterans who are on the receiving end.  Please pay attention to what they say and take time to really look over their records and be accurate.  Many of these vets have already been through a lot and do not need to be stressed by inaccurate exams that greatly extend their claims processing times.

Sincerely,

JustGettingStarted, CMSgt, USAF Retired