Total knee replacement claim

[Bernard]

In 2018 I had a C&P examination for an increase on my service connected left knee and the claim was denied. This claim is now on appeal. I January of 2019 I had a total knee replacement  and I put in a claim for temp. 100% disability  but have not received a answer from VA yet. I was told I can not have two different claims on the same left knee. Is this true and if so what can I do?

[JR Reihs]

It's not true. You do not have 2 different claims, you have one claim involving 2 different issues, ie:, claim for increase, and temp 100% based on a knee replacement. Most of the time you have to talk to some of these people like a 5 year old. 

Who told you you can not have "two different" claims?

Do you use a VSO?

Did the VA do the TKR?

Why did the VA deny your increase?

[Bernard]

I did not use a VSO when I filed the claim for Temp. 100% disability and the VA paid for a doctor outside of VA to do the TKR. The increase for my left knee was denied due to thigh extension but I was given a 0% rating for scars. I called the VA, 800 number and the VA person told me that because I have a appeal for a increase on my left knee and a claim for Temp. 100% disability because of the TKR, VA will only process the appeal. The VA person told me if I withdraw my appeal and resubmit my claim for Temp. 100% disability they could process it. Thanks for any help you can give me.

 

[broncovet]

Tatto this on your arm if necessary:

Quote

You can not beleive "everything" a VA employee tells you on the phone.  Even if that employee "admitting" to telling you something erroneous, the VA wont stand behind what an employee tells you.  

This said, it does confuse VA when you have BOTH an appeal, and a new claim on the same issue:  The issue is either "under appeal" or pending adjutication at the VARO.  The board only has jurisdiction of a claim issue that has been denied by the VARO.  If it has not been denied, then you cant file a nod.  As to whether or not your temp 100 percent is "the same issue" as your appeal, I wont offer an opinion as I dont know.  

As a practical matter, its my opinion you wont get temporary 100 percent on an issue which is NOT SC.  Therefore, you need to get it SC before you can expect Temporary total compensation for its surgery.  

You indicated, however, you had applied for an INCREASE, suggesting the knee was already SC.  I dont see a conflict between filing for an increase and simultaneously filing for a temp total 100 percent due to a surgery recovery.  I would guess these would be unrelated, you could be awarded one, and denied the other.  Apparently the employee you spoke with offered a conflicting opinion to mine.  

I would not withdraw any appeals or claims.  Let the claim decision makers sort this out, not a telephone representative who is not a decision maker.   However, if you were dealing with an attorney who represents the VA Secretary, then HE should have the authority to "bind" the VA, unless a judge makes a different judgement call.  

If an attorney for the BVA calls you and offers, for example, "if you drop issue a, we will award issue b", then you can decide.  I would get that attorney's name.  Then, I would send an email to the effect:

   "I have considered your verbal offer of an award for issue "A" if I dropped issue "B" and do accept the offer.  Please accept this communication as my withdrawal of issue B.  

     Its about documentation.  Put it in writing, or it did not happen.