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Can you file Temporary 100% for Convalescence Retroactively

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JustGettingStarted

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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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Good for you!!!

You are so right..... the C & P process is mainly why most claims are denied-in my opinion.....which has certainly impacted the backlog.

This definitely might be what many vets should do-bring their errors directly to their attention..........

 are you already set for another C & P with this same examiner?

 

 

 

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I think I would research some info on Dr. Woo ((?) and send that letter to the medical board where he is certified, as well as the state licensing board where he holds his license. 

It will certainly make Dr. Woo think about what he is doing. If not, it is a foundation for an appeal if the VA wants to fight you about his work. History is everything. You may also be able to call QTC/VES and ask for a different provider because of your history here.

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I had the knee exam and had the letter given to Dr. Jun Yoo, Internist, before my exam.  I had my husband with me as a witness.  My husband did not have a good impression of this examiner.  Here are some of my notes from the exam:

2.  J. Yoo said he must have overlooked the meds on the skin exam.  I asked how he could have overlooked the meds when I listed them 4 times and showed him copies of the paperwork I had given him previously.  The examiner stated he did not consider my skin disease to be applicable since it was not listed by the VA so he didn't see a need to include the meds.  I explained to the examiner that my skin condition is rated by VA as equivalent to eczema since there wasn’t a separate rating for it, and the omission of the medications was the difference between a 0% and 60% rating.  My husband had the impression that Dr Yoo had let his bias get in the way of doing a proper skin examination.

3.  After J. Yoo went on to say he is only human and makes mistakes, I showed him the other two DBQs that had the dates the conditions started incorrect, along with the military medical records and chronology I had provided with the dates I was diagnosed in service.

4.  The examiner then said several times that I could reschedule my knee exam with someone else if I was not comfortable having him do this exam.  I told him I wanted to proceed with the knee exam with my husband in the room as a witness.  The examiner said he has had a number of veterans request a different examiner.  I told the examiner that I did not want to delay my claim by rescheduling as long as my husband could remain in the room.  I did not tell the examiner that by requesting to reschedule I was afraid the VA would use the cancellation as an excuse to deny my benefits, and that I have to travel 2 hours one-way for the exam, taking up most of my day.

....

6.  During the knee exam, the examiner performed tests on my right knee, which he did first so “you know what to expect on your left knee”.  My husband and I both noted that he did not perform two of the same tests on my left knee.  On my right knee, while lying on the examining table, he had me flex my foot up and down and then he had me lift my leg while he put pressure on my ankle.  He did not perform these tests on my left leg. 

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A few ratings on Dr. Jun Yoo.  I did not see where he was board certified on anything.  

Dr. Jun Yoo DO

PATIENT REVIEWS  Vital.com,

Internal Medicine Pensacola, FL

READ REVIEWS

SUMMARY PATIENT REVIEWS LOCATIONS & DIRECTIONS INSURANCES CREDENTIALS

OVERALL RATING

1.8

 4 patient ratings1 comment

Last 12 months: 1.0 (-0.8)

WRITE A REVIEW

4 PATIENT REVIEWS

Excellent             0%

Great                    25%

Good                    0%

Poor                     0%

Bad                       75%

 

 4.0 of 5

April 15th, 2016

This man provided less than minimal care, in a very friendly, inaccurate way.

 

 1.0 of 5

September 12th, 2016

 

1.0 of 5

February 10th, 2016

 

 1.0 of 5

February 10th, 2016

Edited by JustGettingStarted
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On 8/3/2017 at 0:44 PM, Berta said:

Hi Berta,

I emailed Kerrie Witty to complain about the additional C&P exams I am being required to go to because I requested my dates be backdated.  She replied today and said she needed a few days to look into it.  

This was after I contacted my VSO and the White House number and was told to smartly salute and go to the exams.  

Hopefully this will bring some attention to this issue, and to the examiner who didn't know how to do his job correctly.  I explained to her that I believed the two new exams were generated because I had requested back dates.  I explained that I had been seen for both conditions in less than a year, and then gave a brief summary of all the evidence that was in my file that should support my claims without going to another exam (my military medical records, the 2009 C&P exams, current medical information, and the most recent C&P exams).  

I will keep you posted.

Just Getting Started

 

 

 

Quote

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

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

St Pete’s Fla

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

Email kerrie.witty@va.gov

 

 

Edited by JustGettingStarted
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