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.

[Rhodesia]

2 hours ago, broncovet said:

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.  

Yea I have an appointment on the 10th with the VSO she agrees with you for the NOD she said the letter is kind of misleading funny I have never received anything yet. 

[broncovet]

Well, dont count on your VSO, especially if she (was) going to permit an unauthorized reduction contrary to 3.344.  There are regulations that protect Vets, and this is a huge one.  

The VA has to show they met 3.344 as well as duty to assist.  They are required to give you 60 days written notice of a reduction AND an opportunity for a hearing so you get to say your side, and protest the reduction.  

Its a violation of your due process 38 cfr 3.103, when VA reduces your rating absent the proposed rating reduction.  This decision maker is hoping you are uninformed of 3.103 and 3.344, so you will let it go, and it will become final in a year.  

This is another VA trick.  They make you think they know the regulations..and that YOU dont.  I beg their pardon, sir.  I learned to read by the time I was in 2d grade, and could read a newspaper cover to cover.  And, I learned how to use the internet in 1995, and how to do google searches in year 1999.  Dont let them bluff you.  

[Rhodesia]

On 9/6/2018 at 4:12 AM, broncovet said:

Well, dont count on your VSO, especially if she (was) going to permit an unauthorized reduction contrary to 3.344.  There are regulations that protect Vets, and this is a huge one.  

The VA has to show they met 3.344 as well as duty to assist.  They are required to give you 60 days written notice of a reduction AND an opportunity for a hearing so you get to say your side, and protest the reduction.  

Its a violation of your due process 38 cfr 3.103, when VA reduces your rating absent the proposed rating reduction.  This decision maker is hoping you are uninformed of 3.103 and 3.344, so you will let it go, and it will become final in a year.  

This is another VA trick.  They make you think they know the regulations..and that YOU dont.  I beg their pardon, sir.  I learned to read by the time I was in 2d grade, and could read a newspaper cover to cover.  And, I learned how to use the internet in 1995, and how to do google searches in year 1999.  Dont let them bluff you.  

Ok I saw the VSO and read the reason why the VA reduced my rating for my scars from 20% to 0% Since I had surgical scars on my knee prior to the total knee replacement the VA grouped them into the total knee replacement since the knee replacement would create scars  from the surgery, the only way I can get an increase for the scars if 1. they are causing severe pain, 2. bleeding from the inside, 3. scars are not showing any signs of healing, 4. submit for an increase for the knee and hope to get 60% other than that i'm F#@ked. the VSO said she is seeing allot of the VA consolidating service connected injures into a category. I mentioned the regs you gave me and her first impression was what attorney gave me that and who did I talked to. I told her I got that information from the VA regs book since I worked for the VA. well anyway now I'am waiting for my second knee replacement claim to close out it is in the review evidence phase she did say I will get the 100% temp for the 1 year after a few calls to make sure because she said that sometimes after a second total knee replacement on the same knee the VA will require you to comp and pen before they award you the 100% temp, confusing, Trump is suppose to make this process more easier but it seems to be allot hard now. She said that she noticed that most of my conditions I claimed under the Gulf War Illness she said that most of the Gulf War veterans are staying away from that claim because they are tagged like vietnam veterans are for applying for Agent orange, I guess I should not have registered for the Gulf War, Burn Pits, and the Camp Lejeune Hazardous water illness registry for the VA. Not my fault the VA sent me these letters and found that I was in these areas and now I have 3 letters with Bar Coded numbers assigned to me from the DOD records, So I assume 40 years from now I will feel the effects of these conditions, unless I'm dead by then, LOL