Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Still 40% why?

Rate this question


Rhodesia

Question

They closed one of my claims today and ebenefits still says I have 40% but for my disability list says I have 10% for hearing, 10% High Blood Pressure, 20% for Scars and 30% for my left knee replacement as of 08/21/2018, but it's saying I only get 40% the VA rep did the math and I should have at least been awarded 60% so does anyone know why the VA still has me at 40%. I have not received my letter yet explaining why I'm still at 40% rating. I think I found why because when you have a knee replacement scars are covered in the 30% so I think thats why they took the 20% away for scars on my knee. 

Also I called and the VA to ask the question since I had another knee replacement on the same knee I should have been awarded the temp 100% the VA says no you don't get that it's a one time deal no matter how many times you have surgery's on that same knee through the years, so they canceled my total knee replacement claim and told me I could file an appeal but she said don't waste my time on it. so I have no choice but to get another VSO to help me again.

Edited by Rhodesia
Link to comment
Share on other sites

Recommended Posts

  • 0
6 hours ago, Vync said:

I ran the numbers you provided (10, 10, 20, 30) and I get 55, which rounds up to 60.

Something is not right...

Yea Both the VSO and VRSO came up with the same thing you did and said the same thing you said something is not right. I just came back from seeing the new VSO she made some calls and they are just as dumbfounded as well, they also never heard of them taking away a service connected award without prior notification in fact they have to send you to be re evaluated in order to take or down grade a service connected rating.  they have never came across that issue, she called the VSRO that represents the state and he said the VA never generated a letter concerning the claim was closed because he can't find it in the system but was able to go back as far as 2006 but also could not find my second claim for my second total knee replacement that is service connected I created the claim on 4/15/2018 I show they received it but I told him they (The VA) mirrored that claim with my 2016 claim. also he wanted to know why for the past 8 months I have not been receiving the 60% rating and only still shows 40%. she told him the same thing, and there is nothing in the VA system stating that they took the 20% away because I have the 30% for the knee replacement.

Here's a kicker since I had another total knee replacement he also said I'm entitled to the temp 100% for the one year so he is going to look into that since my first claim for my knee fell off the planet and I created another claim for the same thing on 8/01/2018 so he is going to make some phone calls and see what's going on, because as he looks at my file it looks like I should be receiving 60% rating but still says 40%. so as of today 08/22/2018 as he sees it in the VA system my service connected awards still show 10%, 10%, 20% and 30% awarded on 01/01/2018 (For my first total knee replacement ) 

They both are looking into this and will call me to let me know why this all has gone south.

Edited by Rhodesia
Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

Wow. I'm glad they are doing some digging. The temp 100% will come in handy. Did the VA or a private surgeon do your knee surgery?

Link to comment
Share on other sites

  • 0
1 hour ago, Vync said:

Wow. I'm glad they are doing some digging. The temp 100% will come in handy. Did the VA or a private surgeon do your knee surgery?

It's through TriWest that choice care program the VA does when you live more than 30 miles from any VA Hospital. Still have to have VA Approval first then they tell triWest and I can go to any hospital or doctor that will except TriWest, but allot don't out here because you know well the the Government does not pay or may take a year for these doctors to even see any payments, that why you always hear that they don't pay, the way it works is The hospital bills TriWest then TriWest bills the VA in order to pay the Hospital at least is what the lady at TriWest told me over the phone. If you use TriWest (Choice Care) you are assigned a Care Provider and they do all the foot work for you, but your doctor or hospital still has to make the request first. It's an ass backwards system of way of doing things but in the past two years I have never had a problem, you have to make sure that you tell the hospital or your doctor NOT to bill your private insurance otherwise they will because they know they will get their money faster that way.

Edited by Rhodesia
Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

I'm thinking of using the choice program again for an appointment the VA scheduled in December. I tried using it once last year, but it was a waste of time. They ended up going a different route with fee-based care.

Link to comment
Share on other sites

  • 0
21 hours ago, Vync said:

I'm thinking of using the choice program again for an appointment the VA scheduled in December. I tried using it once last year, but it was a waste of time. They ended up going a different route with fee-based care.

Well good luck with it. 

 

as for my issue nothing new yet they still say something is wrong because I should be receiving 60% and not 40% even though my disabilities award ratings for service connected add up to 60% as of 01/01/2018. I'm concerned because this September I turn 60 and that's when I start receiving my military retirement from the reserves for 22 years of service (Not counting the French Foreign Legion), LOL but anyway I found out you have to have a Disability rating of 50% or more in order to receive you military retirement but if it is under the 50% you will not receive a dime, all you will get is Tri Care for life and a nice pretty grey ID card. So you can see my frustration that the VA system has some major errors

Link to comment
Share on other sites

  • 0
On 8/22/2018 at 11:23 AM, Vync said:

I ran the numbers you provided (10, 10, 20, 30) and I get 55, which rounds up to 60.

Something is not right...

Well my second claim for my total knee replacement which I started on 08/01/2018 is now in "preparation for decision" Estimated Completion: 09/14/2018 - 10/11/2018 I created a second claim for my total knee replacement since my first claim dated 04/15/2018 disappeared off of eBenefits. I still have not received that magic brown envelope yet maybe it will explain why I'm at 60% and I'm still rated at 40%. So here is what is going on with my total knee replacement story. I had a Total Knee Replacement on 12/30/2016 my 1 year 100% temp ended on 01/01/2018 and was awarded 30%. as of June 4th 2018 I had a seconded Total Knee replacement on the same knee they had to go in there and replace everything they did on the first replacement. I filed my claim early as requested by the VA so I started that on 4-15-2018 and after the surgery on june 4th 2018 I filed and sent everything to the VA so I did nothing different when I filed my first claim. So now when my 07/15/2016 claim closed 4 days ago I show that I'm suppose to be rated 60% but I still show 40% so in another words I have been getting 40% for the last 8 months. 

since I created a second claim to replace the one that I filed back in April I hope that does not disappear as well this is where I had to get a new VSO to help me out on this time, as of today the state VSRO is still trying to find out why? i'm not getting the 60% and why I'm still not receiving the 100% temp award for the second total knee replacement. as of this morning 08/24/2018 my disabilities rated page still says

10% service connected 2006

10% service connected 2009

20% service connected 2009

30% service connected 2018

so lets all do the school of VA math which = 60% even the VSO said the same thing because she has looked into my file. but now it's one of those hurry up and wait game 

Edited by Rhodesia
Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use