Missing claim AGAIN

[Rhodesia]

Ok I have a problem again, I filed a claim for a service connected injury for a Total knee replacement on 4/15/2018 all necessary paperwork including VA forms were submitted, that claim somewhat disappeared 4 months later, so I submitted a second total knee replacement claim on 08/01/2018 they have labeled it as a secondary condition claim because I had to have it done all over again to replace the total knee again I had in the first place so in another words I had two total knee replacements on the same knee., I submitted all necessary VA forms and documentations as before, this morning on 09/14/2018 I was notified that I need to submit evidence all over again and I have until 10/10/2018 and the claim was move back to 05/15/2020 (What the Hell) what I uploaded all disappeared again, plus they are asking for Tri West billing statements this time because it was paid through the choice care program and approved by the VA. that's a first. They did not ask for that the last time so I resubmitted all documentation all over again and the new VSO I went with she is about as useless as pigs with wings. So am I missing something here or is the VA trying to NOT pay the 100% temp for the second knee replacement and making it a secondary condition. I have not found anything that makes a second total knee replacement a secondary condition unless someone out that has gone through this before? 

Edited September 15, 2018 by Rhodesia

[Rhodesia]

57 minutes ago, broncovet said:

I have a secondary rating, and its no different than primary, except the Caluza elements are a little bit relaxed.   

Instead of 3 Caluza elements, you need only 2 for secondary:

1.  Current diagnosis

2.  Nexus, or link between your current diagnosis, and a SC condition.  

     Notice the "in service event" is not needed with secondary conditions as its presumed by the primary condition.  

     You dont need to worry whether this is primary, secondary, presumptive, etc.  Once service connected, they are all treated the same.  In fact, the VA "may" be trying to help you get around (apparently) the fact you already had one temp 100 percent rating for that knee, since you need a second surgury, they are making it sail through by listing it as secondary.  

     Terms like "primary", "presumptive", "secondary", etc., are mostly for rating specialists to concern themselves with and you need not worry about it.  When you apply for benefits, the VA must assume the maximum, and you dont have to say, "I want to apply for presumptive SC for the knee", or whatever.  If you have the applicable evidence, they should award it.  

     In other words, if I applied for a condition as "primary", and it turned out the condition was actually a presumptive, (the Veteran) need not concern himself with this UNLESS, for some reason, the presumptive evidence was not present.  

     Once you meet the criteria for "presumptive", "primary", or secondary conditions, they are treated the same.  

      I was just reading a case about that..and I may have even posted something about it.  

So this is what is stated in my claim on e benefits:  Disabilities Claimed: total knee arthroplasty (Secondary), knee replacement (Secondary), Temporary Total Disability (New)

[cwatson]

On ‎9‎/‎15‎/‎2018 at 7:38 AM, broncovet said:

Key evidence disappearance has been around a very long time at VA.   Many/most experienced Vets advocates mail stuff certified mail, return receipt requested, and send it to Janesville, where 3rd parties scan it into the computer.  Better yet, submit it electronically via ebenefits.  

Like yourself, I would not have beleived VA would do this to Vets 15 years ago, when I was still wet behind the ears.  I actually thought the problem was mostly solved with documents being scanned into janesville.  VA employees have figured out a way to lose it electronically.  

I will estimate half of all appeals involve "loss of" or VA not reading the evidence, but that estimate could be low.  

In 2008, the VA had "the October incident" where a half dozen VARO's were caught red handed with Vets evidence in the shred bin by the VAOIG.  The VA "fixed" the problem by no longer doing shred bin inspections, and by "allowing" Veterans to submit a "Special Handling request due to mishandled evidence" but for only an 18 month period beginning in 2007.  The VA wasnt required to adjuticate the Special Handling Request, however, so the VA can just say, "Ok, we gave you special handling, and we denied you anyway".  
"