VA has spoken

[blahsaysme2u]

As stated above- bva!!!

Varo is joke....I just assume they will always get it wrong 

[Stayfocus]

On 7/31/2022 at 11:03 PM, Steve C said:

This past week I finally received a decision letter. While the VA does acknowledge that I lost a kidney in service due to a botched surgery, I was given a zero percent rating. I am enraged and dumbfounded. SERIOUSLY? Had this been a civilian surgical mistake, the settlement from a lawsuit would be huge for the loss of an organ due to a surgical "mistake". I know too well because I worked in surgery 17 years. I intend to appeal. Which option for appeal? I don't know yet. This is the most absurd thing that I have ever seen. I am still trying to collect my head enough to begin the appeals inquiry and proceed with whichever method might be best for me. My claim was rock solid and well built by myself, my doctors and a VSO who is also a retired medical professional. I know most get denied but who has ever dealt with this kind of unfairness?

Lawyer up!!!!

[Vync]

On 8/2/2022 at 8:00 AM, Vync said:

@Steve CDid the decision letter mention 38 CFR § 4.115b - Ratings of the genitourinary system? Per 7500 Kidney, removal of one, the minimum evaluation is 30%

I am going to re-quote myself on this one for clarification and additional thoughts. If the vet filed a claim for the kidney when he left the service or if it might have been a medical discharge (don't quote me on this), the rating criteria in effect at the time the claim was filed would need to be used. I don't know if it has always read like that or may have changed over time. However, if he filed more than a year after service, the reg in effect at that time would apply and that might be about as far back as the VA might go.