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How long can this go on?

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Ronc531

Question

I had a knee replacement in May of 2018. at that time i was supposed to get rated at 100% for 13 months, June of 2019 would have been 13 months. i received notice in August of 2019 that they had made a decision on my knee it was rated at 60% and combined with my other disabilities they said my final rating would be 90% and I had 90 days to appeal. 60% is the max you can be rated on a knee replacement we didn't appeal the rating, that should have ended November 1. We are into February and i am still receiving 100%. Ebenefits says my knee is still rated 100%.

Is there something I am missing? end of April will be 2 years at 100% does it normally take them this long to change your rating?

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  • HadIt.com Elder

Ronc531 If you're asking, is XYZ  "Normal" for the VA to do, the only thing that is "normal" for the VA is to deny, delay, hope you die. The most important thing is what does your decision letter say. Ebenefits is inaccurate and often late on updating status. What I would do is put aside the difference between 90 and 100% someplace where you won't spend it in case they want a refund. You can also appeal if that happens and say you already spent it and it would be a financial hardship to make you pay it back (garnish). You are right about a temp rating going on so long; wondering if you had a C&P exam during that time and it showed your condition was still not better, and somehow that factored into your extended period of 100%.

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I think the reg states that after the 1 year or 13 mos if there is enough information in your file to grant a percentage then they will give you that rating if not then you would get a notification of a C&P.

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  • HadIt.com Elder

Ronc531. Smart move; but don't cave in without a fight. If they do come back at you, appeal. Say it will hurt badly if you are forced to pay back. I personally would hide it under your mattress so they can't see any financials myself. If you have it in your checking account and ask for your records, if it is there they will undoubtedly say it isn't a hardship. I don't think it is lying; if you have to pay it back it's gotta leave you short somewhere. IMO.

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