C&P exam resulted in decreased rating

[Squidward]

5 years ago I was rated at 60% for service connected disability, I was also given IU.

Not long after that the VA gave me 2 total hip replacements. 

Last month I was called in for a C&P exam for my right hip that was rated at 20% before the surgery.

I just got the results from the C&P exam and they reduced the rating on my right hip from 20% to 0%.

That will result in my overall rating to go from 60% down to 40% and I will lose my IU.

As per the rating rules, the minimum rating for a total hip replacement is 30% if it goes perfectly. 

Does this make any sense to anyone or is it an obvious mistake on their part?

 

 

[GBArmy]

Squidward Welcome to Hadit. What is the date on your decision letter? If it is over 5 years minimum, they are not supposed to reduce UNLESS you have more than one C&P exam. If it is less than 5 years, they can based on just one exam. If it is over 5 years and they are just now having a new look see after your operation, the VA has screwed up. They should have had another post-op exam after a year or so. Personally, with what you have on the line, I would consider getting a lawyer, if you get a proposed reduction. You need to beat this based on law, because I assume your condition after the replacement operation is better than before. If it is better, the VA bases disability on your symptoms and they may now be better than before your surgery. You would have to show your conditions are at least as bad as they were before.

[Squidward]

On 4/5/2021 at 12:21 PM, GBArmy said:

Squidward Welcome to Hadit. What is the date on your decision letter? If it is over 5 years minimum, they are not supposed to reduce UNLESS you have more than one C&P exam. If it is less than 5 years, they can based on just one exam. If it is over 5 years and they are just now having a new look see after your operation, the VA has screwed up. They should have had another post-op exam after a year or so. Personally, with what you have on the line, I would consider getting a lawyer, if you get a proposed reduction. You need to beat this based on law, because I assume your condition after the replacement operation is better than before. If it is better, the VA bases disability on your symptoms and they may now be better than before your surgery. You would have to show your conditions are at least as bad as they were before.

The issue is that a total hip replacement is supposed to be rated at 30% minimum. That is in the rules so there is no way they can legitimately reduce it to 0%.

[Squidward]

So there is no way they can legitimately rate my hip replacement any lower than 30%.

How did they possibility rate mine at 0%?

 

"All hip replacements are rated at least 30% disability irrespective of the effect on the veteran. Thus, if a veteran fully recovers from a hip replacement and is pain-free, a 30% disability rating is still assigned to them.Apr 15, 2020"

https://www.woodslawyers.com/hip-replacement-va-disability/

[GBArmy]

As stated, you have to appeal. The VA makes mistakes all the time. I would go BVA with the request stating that the EED should be "X" because if you win and it is remanded back to the RO, you will get an inaccurate date anyway. If you request the date, perhaps the BVA will instruct on the remand "x" date.