DERM Scars Disfigurement rated 0%

[Rhodesia]

Well I was rated 0% for a 15 inch 1/2 inch wide scar on my knee due to a total knee replacement, the VA cited that there were some changes to how the VA rates scars on the body due to service connected injury's, that's why my 20% was taken away last years for scars due to this.  My surgery scar was not in a visible area meaning your clothes will cover the scar but if your scars were above the neck line face etc then the minimum rating would be 10%. My VSO is trying to find out why and if this has changed then I can't file a NOD. I will not be receiving any award for the 0% either but the VA has to take care of my scar because it was service connected related. So that was a waste of time filing that claim. I still have not heard from the VA on my 100% temp award for my second total knee replacement the surgery was done on June 2018, but I have a feeling I will lose that fight since the VA informed me that you only get one 100% temp award per service connected injury and my last total knee surgery was back in December of 2016, the VSO has ask the VA to reconsider it on my last claim I'm waiting for. funny thing is I still can't find anything that says you are only allowed one 100% temp under CFR 38.4.30 for the same serviced injury. This whole system is so out of wack makes you feel it's not even worth taking the time to file a claim anymore.

[paulstrgn]

Each knee should have their own rating (two separate ratings) and be considered separate disabilities. Thus you should receive the temp 100% for recovery.

Edited December 31, 2018 by paulstrgn

[Rhodesia]

On 12/31/2018 at 8:41 AM, paulstrgn said:

Each knee should have their own rating (two separate ratings) and be considered separate disabilities. Thus you should receive the temp 100% for recovery.

I had two total knee replacements on the same knee my first one was in 12/2016 and my second one was in June 2018 I think that's the issue that the VA will not pay out the 100% temp under 38 CFR 4.30 for the second knee replacement maybe that's why the VA is telling me you only get one per service connected injury for a major surgery. I'm still waiting to see if the VSO's statement claim for reconsideration for the 13 month 100% temp will be granted but she says don't get my hopes up because she has been seeing this throughout the VA. So I told her if a Veteran has a serviced connected injury say a heart transplant and 10 years later he has to have surgery on that same heart including opening his chest up again he is not entitled to the 100% temp under 38 CFR 4.30 and she said as it looks like right now no until she can research why the VA has changed their regs. From what I have been seeing and reading it looks like the VA is consolidating their serviced connected injury's into shorter category less payout under one rating for the injury for example like my knee replacement I get 30% but if they added scars from the surgery's into that category then your rating would still be 30%. Since I was rated 0% for my 15 inch long  1/2 inch wide surgery scar for my second knee replacement with no compensation award. 

[broncovet]

Whoaaa, HOSS!   Tatoo this on your arm, if you need to remember it:

Quote

You can not trust everything the VA or your VSO tells you.  

Instead, trust the regulations, which the judges tend to enforce, not a VA employee who is trying to get you off the phone so they can go on break.   Or, a lazy VSO who does not want to do the extra work in filing a nod for you.  

I suggest you appeal (file a nod) disputing this rating, VSO approval or no VSo approval.  You can cite regulations for your dispute of the rating.  If these regulations HAVE been changed, then the benefit of the doubt says you get the more favorable of the 2 regulations.  

Some time ago, I posted a NVLSP training gig for MOPH on "common effective date errors".  ONE of the common effective date errors was when there was a "liberalization" of ratings.  They explained that Vets should get the benefit of the "most liberal" regulation whether regs got more restrictive or less, provided that the Vet applied prior to the change.  One example of this is that VA "used" to be able to deny Vets because, "their claim was not well grounded."   This regulation has been changed, and there is no more denials based on "not well grounded".  So, if you applied today, and VA denied you because your claim was "not well grounded", you could appeal because the regulations no longer support denial on that bases.  This would be called a "liberalization" of regulations.   Even if you applied prior to that law change, you could still argue that is not a valid reason to deny you, as that regulation no longer applies.  

My advice is to file a nod disputing the rating on the applicable nod form.  

Edited January 2, 2019 by broncovet

[Rhodesia]

4 minutes ago, broncovet said:

Whoaaa, HOSS!   Tatoo this on your arm, if you need to remember it:

Instead, trust the regulations, which the judges tend to enforce, not a VA employee who is trying to get you off the phone so they can go on break.   Or, a lazy VSO who does not want to do the extra work in filing a nod for you.  

I suggest you appeal (file a nod) disputing this rating, VSO approval or no VSo approval.  You can cite regulations for your dispute of the rating.  If these regulations HAVE been changed, then the benefit of the doubt says you get the more favorable of the 2 regulations.  

Some time ago, I posted a NVLSP training gig for MOPH on "common effective date errors".  ONE of the common effective date errors was when there was a "liberalization" of ratings.  They explained that Vets should get the benefit of the "most liberal" regulation whether regs got more restrictive or less, provided that the Vet applied prior to the change.  

My advice is to file a nod disputing the rating on the applicable nod form.  

Too funny since you mentioned Whoaaa, HOSS!   Tatoo this on your arm, if you need to remember it After I finished my 5 year enlistment with the French Foreign Legion I had a hell of a time re-enlisting back into the Marine Corps. because of the Tattoo's from the Legion LOL 

[broncovet]

Ok, I retract my answer.  Instead of tatooing it on your arm, set your screen saver on your computer to say:

Quote

Dont trust everything a VA employee or your VSO tells you.  

So that you are reminded that VA has broken Veterans trust in the past, and, since there is no accountablilty for it, they will likely continue to do so.  

THAT way, if VA ever does fix their trust issues for real, you can always change the screen saver, and you wont have to un-tatoo your arm.  

Edited January 2, 2019 by broncovet

[Rhodesia]

On 1/2/2019 at 9:31 AM, broncovet said:

Ok, I retract my answer.  Instead of tatooing it on your arm, set your screen saver on your computer to say:

So that you are reminded that VA has broken Veterans trust in the past, and, since there is no accountablilty for it, they will likely continue to do so.  

THAT way, if VA ever does fix their trust issues for real, you can always change the screen saver, and you wont have to un-tatoo your arm.  

Good answer, I'm still waiting to hear about the 100% temp for the second knee replacement I still have one pending disability claim still open suppose to close on 01/13/2019 so far nothing has moved since the government shutdown.