Suggestions needed for new Representation

[Ronc531]

Would like to change the person that is representing me, not happy at all with him.

I live in Alaska so limited local choices, any recommendations? I know it will depend on the person I get but I am sure some places are better than others. 

[Berta]

Many of us have learned, as claimants, that WE are the best vet rep we will ever get.

I went over briefly your last post and this might take an IMO/IME , but by all means appeal the decision and tell them why you feel they are wrong.

Go to the VA Schedule of Ratings link in the topic list, first, and check the ratings for the diagnostic codes they gave you- to include the scar ratings, and if your evidence warrants a higher rating by all means appeal it and refer them to the VA SRD info.

11 surgeries?????   were they all for the knee problems?

BTW I hate to recommend costly IMO/IMEs- but I do not advise that without having done that myself. I spent 4,000 bucks and then even paid for 1,400 or maybe that was more, for an additional opinion, but the award came before the additional opinion was done.

I won all of my claims at the RO level except that one.(BVA) and like MANY claims, at the BVA,  it could have been won at the RO level.

An Independent Medical Opinion from a specialist is often the most thorough reading of your medical records that you will ever get.

 

 

Edited May 7, 2019 by Berta

[Ronc531]

15 hours ago, Berta said:

Many of us have learned, as claimants, that WE are the best vet rep we will ever get.

I went over briefly your last post and this might take an IMO/IME , but by all means appeal the decision and tell them why you feel they are wrong.

Go to the VA Schedule of Ratings link in the topic list, first, and check the ratings for the diagnostic codes they gave you- to include the scar ratings, and if your evidence warrants a higher rating by all means appeal it and refer them to the VA SRD info.

11 surgeries?????   were they all for the knee problems?

BTW I hate to recommend costly IMO/IMEs- but I do not advise that without having done that myself. I spent 4,000 bucks and then even paid for 1,400 or maybe that was more, for an additional opinion, but the award came before the additional opinion was done.

I won all of my claims at the RO level except that one.(BVA) and like MANY claims, at the BVA,  it could have been won at the RO level.

An Independent Medical Opinion from a specialist is often the most thorough reading of your medical records that you will ever get.

 

 

Thank you for your advice, yes all of my 12 surgeries were for the same service related problem on my rt knee. 

For many years I just felt lucky that they took responsibility for my knee and paid for all of the surgeries. I was only rated 10% for 40 years but happy they took care of my knee. My knee was bad for so long it has caused a number of other issues that need to be addressed.

[broncovet]

I started my claim in 2002 (17 years ago) and I learned a few things on the way.  (By the way its not done yet, but Im appealing only the effective dates and SMC.  I have my 100 percent, since 2004.  

   Change your rep only with caution.  You would need to have a compelling reason, since you are in the middle of claims.  

   Dont go in with high expectations from your VSO.  They probably wont read your file.  And they certainly wont return your phone calls.  I had 2 VSO calls returned out of about 20 over 17 years..about 5 percent of the time they return calls.  

   As Berta said, be your own VSO.  You have much more interest in your claim than they ever will.  

   My advice unless there is a compelling reason..keep your representative.  If you get a new one, you will likely get a rookie, or an old pro with a poor reputation.  You see, the experienced ones with great reputations will be so busy they will have to pass you to someone else.  You will be trading one set of faults for another.  At least, it sounds like you know what this guys faults are..and the new guy..well you wont know his faults yet.   You will find out his faults, however, soon enough..the hard way. 

     Now, if this guy is throwing away your documents he was supposed to submit to VA, or other compelling reasons, you can switch.  

    At my VA, there are a "row" of VSO offices in my VAMC.  DAV, VFW, etc.  I think there are 4 or 5.  So, if you do go to a different VSO, dont bad mouth your old one.  They may be friends.  Just tell him you want a new VSO because you cant get a hold of the last one.  (If that is the case, which happens 95 percent of the time).  

    Give him your POA.  Then, do most of the stuff yourself, and let him get credit for it.  That is what they want.  

     If you have a choice, get a rookie VSO.  Few of them know how to tie their shoes anyway, but they probably will try hard.  

     The old disgruntled pro with the poor reputation is your worst choice.  There is probably a reason why he has a bad reputation and you dont want to find out that reason by costing you money.  

Edited May 8, 2019 by broncovet

[Berta]

There are 10 (so far) "multiple knee surgery" claims at the BVA filed under Section 1151.

https://www.index.va.gov/search/va/bva_search.jsp?QT=1151&EW=multiple+knee+surgeries&AT=&ET=&RPP=10&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

11 surgeries for the same knee is highly suggestive of VA malpractice .

There is considerable info here under our FTCA and 1151 forum-I am a successful FTCA/1151er -

and I suddenly became involved yesterday with a major malpractice issue-not here---so my time here will be quite limited.....for the next few weeks---

Others here can help you on this- The 10% sounds ludicrous.

You need to claim all of the complications and disabilities this knee problem has caused you.

Are you willing to consider getting an independent medical opinion?

It could be costly but then again, if this is preventing you from working, a section 1151 award could help reimburse the cost of an IMO.

Unfortunately many vet reps and VSO do not have a clue on 1151 issues and claims.

I am sure many here, by now, do have a clue.

Here are the 1151 regulations:

https://www.law.cornell.edu/uscode/text/38/1151

 

 

 

 

 

Edited May 8, 2019 by Berta

[rsm-esq]

Hi there, sorry to hear about your VSO experience.  I'm a VA accredited attorney based in Washington, DC.  Happy to review your situation, feel free to reach out to me directly.  If you're already represented by an attorney then please disregard.    

[Berta]

This is a granted 1151 claim  for knee surgery:

"ORDER Compensation under 38 U.S.C. 1151 for a left knee condition is granted, subject to the laws and regulations governing monetary awards."

https://www.va.gov/vetapp11/files4/1138513.txt

This decision shows what I mean about secondary conditions:

"The record indicates that the veteran has long-standing 
complaints of discomfort in the low back.  While a VA 
examination conducted in 1994 diagnosed only a history of low 
back pain, a diagnosis of lumbosacral strain has also been 
rendered by VA physicians and a private chiropractor.  In 
addition, a physical therapist who conducted a recent 
evaluation of the veteran's orthopedic disabilities on behalf 
of the VA strongly suggested that his low back disorder was 
aggravated by his service-connected knee disabilities.  
Moreover, VA physicians and the veteran's private 
chiropractor have indicated that the veteran's low back 
symptomatology is causally related to his service-connected 
knee disabilities.  Since that is the case, secondary service 
connection for a low back disorder is warranted.  



ORDER

Secondary service connection for a back disorder is granted."

https://www.va.gov/vetapp99/files3/9925908.txt

This was not a 1151 claim, but instead a claim -(an option you also have),  filed for higher rating of the knee problems and secondary conditions that are related to and caused or aggravated by the knee situation.