Review of hospitalization?

[waccamawwild]

I am 100% p&t and just had a knee replacement on previous 10% service connected right knee that has service connection of 23 years. I also have one disability rated 70% and another rated 60% as well as others at lower amounts. I looked on ebenefits and it says I have a claim in for review of hospitalization that I didn't initiate. Do I now qualify for SMC S or another SMC? Should I be worried about my 100% p&t? Do I need to be doing something? Thoughts? Advice? Game plans? Help?!!? It was total knee replacement.

Edited February 9, 2020 by waccamawwild
Word wrong

[broncovet]

According to many VSO's, yes, going into the hosptial for treatment is automatic reduction if you even think about an increase.   WAIT!!! You have LINUX!!!  That means the rules for rating protections apply to YOU!  (Bad things happen to Windows users..lol)   Its too bad those VSO's and VA employees use Windows, its no wonder they get it wrong.  Seriously,  Here is why you can not be reduced after 23 years:

https://www.law.cornell.edu/cfr/text/38/3.951

In pertinet part:

Quote

b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

 

https://www.law.cornell.edu/cfr/text/38/3.344

Edited February 9, 2020 by broncovet

[broncovet]

That's the good news.  The bad news is, "unless" one or more of your ratings is increased to 100 percent for a "single" disability, you wont be eligible for SMC S.  

However, you can still be eligible for one or more of the "loss of use" SMC's to include Aid and Attendance, if needed.