Scars from surgery reduced from 20% to 0% rating

[Rhodesia]

Ok I received my denial letter for my claim, which also was added why they took the 20% away from my disability rating for scars. The reason why is the VA has changed their requirements in service connected for scars, they are now rated 0% so the 12 inch long scar running down my leg for my last knee replacement no longer qualify s for a percentage rating but only 0%. so my disability rating page for scars for service connected went from 20% to 0%. so my 60% rating went back to 40%

The only way to get a rating on the scar if it causes Constance pain and it can't heal or there is too much nerve damage around the area but then again you have to prove that, but as of right now the VA took the 20% and awarded me 0% for my scars which were service connected. Plus the letter goes on to tell me I can appeal it and all that sort of crap. the Scar that was created while having my total knee replacement is now added into the 30% in a way you can see why the VA took my 20% rating away. Talk about streamlining the VA system for service connected injury's. The VSO she still wants me to re-submit a new claim for scars for my second total knee replacement on the same knee now I have to make that decisions weather or not it will only waste my time filing the claim only to find out they will deny it again because of the new regs since my second knee scar is 1/2 inch wide and is 15 inches long and it took 67 staples to close it up this time around, I have great pictures looks like Frankenstein worked on me, LOL so what is the new regs on serviced connected scars which you end up from surgery for a service connected injury? did not take them long to take the 20% away since I was awarded it back in 2009.

[broncovet]

No.  The VA can not reduce you based on them changing regulations.  Dont let them get away with it.  Here is the critieria for rating reductions, now see how they apply to you:

I assume your rating was "not" a temporary rating, but correct me if I am wrong:  

Do you read anything that says they can change your rating based on a change of regulations???

 

Quote

 

 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

 

[broncovet]

File a NOD disputing the reduction, allege the reduction "did not comply" 38 cfr 3.344, that the VA "failed to show" "material improvement under ordinary conditions of life".  

[Rhodesia]

3 hours ago, broncovet said:

No.  The VA can not reduce you based on them changing regulations.  Dont let them get away with it.  Here is the critieria for rating reductions, now see how they apply to you:

I assume your rating was "not" a temporary rating, but correct me if I am wrong:  

Do you read anything that says they can change your rating based on a change of regulations???

 

 

No nothing on based on a change of regulations in the letter, just that they reduced the rating due to my Total knee replacement from 12/30/2016 and was awarded 30% on 01/01/2018 for the knee prior to the knee replacement I had multiple surgeries on the knee which looked like a road map to Hwy 66, My 20% was rated service connected on 02/02/2009 now it says 0% I have never received the letter from the VA denying my claim but I saw it online from the VSO's office only thing it really states is that due to the knee replacement my 20% was reduced to 0%, so the VSO could not get an answer why I was really reduced to 0% so she wants me to file a new claim for scars for my second knee replacement. I had the second replacement on June 4th of 2018 and the claim was lost, so I refiled second claim for the second knee replacement on 08/01/2018 and they did receive that supposed to close by sept 14 in order for me to receive my temp 100% and the VSO did talk to someone and I will get the 100% temp for the 1 year but the issue is why reduce me from 20% to 0% I rather not file a appeal because all that will do is hang up in the long process of 2 to 3 years then find out all you did was wast your time in process. I have worked for the VA for 20 years before I retired and I have seen some very stupid things what the VA does to Veterans and I mean really stupid stuff.

I think I need to see what is included in the 30% for the knee replacement is scars is covered into the 30% just a guess on my part and that's why they took the 20% away I could be wrong. unless someone out there know's what the requirement is for 30% knee replacement and if scars are automatically added into the mix?

[Rhodesia]

4 hours ago, broncovet said:

File a NOD disputing the reduction, allege the reduction "did not comply" 38 cfr 3.344, that the VA "failed to show" "material improvement under ordinary conditions of life".  

I will pass that along to the VSO she will want to see that, I have an appointment on Sept. 10 

[Rhodesia]

On 9/3/2018 at 10:37 AM, broncovet said:

No.  The VA can not reduce you based on them changing regulations.  Dont let them get away with it.  Here is the critieria for rating reductions, now see how they apply to you:

I assume your rating was "not" a temporary rating, but correct me if I am wrong:  

Do you read anything that says they can change your rating based on a change of regulations???

 

 

It was a service connected rating at 20% awarded on 2009

 

Tell me that this surgical scar warrants the VA to remove my 20% for scars because of "material improvement under ordinary conditions of life" 

Edited September 5, 2018 by Rhodesia

[broncovet]

File a nod, disputing the reduction decision, citing 38 CFR 3.344.  Read over the regulation carefully.  Do so within a year of the reduction decision.   Send them the picture you posted..its pretty convincing.  

Edited September 6, 2018 by broncovet