I figure Some-one On here had to have gone through this besides Me ..

How long Until VA pays Me the 100% rate for down Time after surgery?

Thanks

Macool

I'm still waiting as well I applied in November

I was just released from VAMC Asheville on 01/16/2009, so I to am waiting and wondering. I have had a VSO helping me with the claim. Oddly enough, I asked this same question on the VA's IRIS site, and they considered and accepted my question as an official claim for benefits. Looks like between the three of us in this thread, we should have an excellent test bed for this subject.

Let's keep this thread giong with updates from each of us as we get through the process.

Applied for increase March 08', recieved decision Sept 08' (6 motnhs).

2 more surgeries, 1 before decision, 1 after. Asked for temp 100% (Oct 08') until next surgery.

Still waiting. IRIS said 30-90 days, then another 30 for whatever reason.

6 months seems like the big benchmark, from the info I've seen.

Of course your results will vary, ha! My stuff is the Portland office.

Eric

I also applied via the IRIS system have received two emails one says it is accepted for
an official claim, other one says it is at the triage unit,

I am disappointed to hear that a temporary 100% convalescent rating is something you have to wait more than 30 days for. There should be a fast track kind of system in place. How is the vet suppose to live while recuperating? I was on temp. 100% in 1973. The doctors sent a note and in a month or two, I don't remember for sure, the check was in the mail. I'm going to tag along on this thread to see how things work out for you all. Best wishes on your recovery, Please keep us posted. This is another unbelievable story of VA apathy.

I did an IRIS inquiry and was told I would hear something in 5 days, it's been 8 days so I'll keep you posted.

Got a letter Saturday saying they were "sorry for the delay". Wow!

Looks like the moved my claim to antoher regional office, I think?

Still waiting, cruising towards 120+ days.....Eric

I will honestly tell you that 6 months seems to be a long time to wait. I have 2 claims for Temporary 100% (paragraph 29 and 30) sitting on my desk. I have to write a VCAA letter to each veteran, wait 30 days for the "DTA" (Duty To Assist) time to run out, and then to the Rater.

Couple of things that complicate this process:

The veteran had surgery in a private facility. They could take up to 60 days to send us the evidence we need.

The veteran is not service-connected for the condition for which surgery was performed. That opens a new claim.

The veteran has a claim already pending with VA. This one is the worst. Everytime a veteran makes an additional claim (temp 100%, increase, new issue, etc.) their claims file goes back to the beginning.

Not sure where your claim is, and I do know that there is any expedite on these claims. Hope it does work out for you, though.

I packaged my 100 percent temp claim so a 3rd grader could take care of it.

Collected all records of surgeries (at Va facilites), all doctor notes, with a detailed table of contents page.

Returned with form stating "make a decision" with this info, no more to follow.

I am worried they are waiting till my 4th eye surgery to apply the temp rating, they already paid a month for the 1st. Have been pretty much blind since 1st surgery.
Still working, otherwise would have been devastated money wise.

The computer helps me read, so I can still surf the web.

Eric

I packaged my 100 percent temp claim so a 3rd grader could take care of it.

Collected all records of surgeries (at Va facilites), all doctor notes, with a detailed table of contents page.

Returned with form stating "make a decision" with this info, no more to follow.

I am worried they are waiting till my 4th eye surgery to apply the temp rating, they already paid a month for the 1st. Have been pretty much blind since 1st surgery.
Still working, otherwise would have been devastated money wise.

The computer helps me read, so I can still surf the web.

Eric

Not that my case is any different but I'm curious, regarding your post on temporary 100%

I filed a claim in 2006 and was awarded in 2007. I appealed and did not remember that I applied in 1988 and was then awarded retro back to 1988.

I didn't know about the previous 1988 claim and it wasn't a problem until I remember I had surgery back in 1994 as well. I applied for temporary 100%, does the law still apply to me, since it was more than a year?

Right off the top of my head I will say that time shouldn't matter if you had the surgery performed at a VA facility. (I will pull out my "knowledge base" in a minute and try to locate that for certain. I do know that there is a time limit if you had surgery performed at a private hospital UNLESS it was outsourced by the VAMC (which won't happen very often).

Berta supplied this information: But hasn't responsed on a different reply.

"Since the veteran did not claim entitlement to a temporary
total rating based upon the need for convalescence until more
than one year after the date of the surgeries and her need
for convalescence began, her claim does not fall within the
exception to the rule establishing the effective date of a
claim for increased rating. The pertinent facts are not in
dispute and the law is dispositive. We note as well, that
the legislative and public policy purpose of providing a
temporary total rating benefit is to provide veterans with a
subsistence support during convalescence, when employment is
precluded. To accomplish this purpose, therefore, it stands
to reason that the claim for the benefit sought must be filed
in proximity to the need for the benefit. Allowing claims to
be filed years after the need for such support has expired,
i.e., after the veteran has returned to work, would subvert
the purpose of the benefit. In any case, the Board is
without authority to alter controlling law and regulations.
Accordingly, this claim must be denied as a matter of law.
See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994)."

from:http://www.va.gov/vetapp08/files4/0829289.txt

My surgery was performed at a civilian hospital, once again I didn't know I was service connected at the time.

What kookiebean2001 put is right. UNLESS there is compelling evidence otherwise. Something that is not likely to happen, but is not out of the realm of possibility.

Benefits under paragraph 28, 29, and 30 are fairly few and far between. Like I said in a post below, I developed 2 today. They were very simple cases because the veterans were in VAMC's. One was filing for paragraph 29 and one for 30. One was an inpatient due to PTSD, and one had a total knee replacement.

I was able to get a report from both VAMC's quickly, and I sent them to the rating board. I had said earlier that I was going to send both a VCAA letter, but if I am able to see the issue in black and white from the VAMC then I can send it directly to the rater... no questions asked.

I know that a lot of you don't like us at the VA, but there are some of us that understand, and some of us that are disabled vets ourselves. We are at the mercy of the law (and the manual sometimes), but some of us do care. I AM there for the veteran no matter how much flack it gets me. I do know that some are not there for the vet (I see them everyday), but I will do for you what I can. I have had phone conversations with a couple of people on here about questions they have. Development is fairly new for me (I am used to promugating ratings), but I know my fair share.

Thanks for all you did and for all you do

Good Evening Meddac, You are truly one of the few, and I want to thank you for your good work and for all the vets that you have helped. We need more allies like you. Thanks for being there.

Good to Know Some-ones on the Vets side ..Sometimes I wonder ..
Thanks for your Attitude --Meddac--

My Covalesant Thing did not happen yet ..
I hope it won't be put off because I did not let the VA doctors do it..
I had it done by A good Doctor in his prime .. whos knows me and gives a rats ass if I'm better or worse ... I don't Like The chances on getting Things done that are that Involved with the VA... I have learned that, I am just One on a list of Many with the VA ..Not taking My Chances with surgery's. I don't care what The VA thinks I did the better Thing for Me..

Every VA Rep Should Be a Veteran who went through the system with a battle..The VA would get the right People then for the Job..And when they can't get things done or they get Comfortable and don't have a good Attitude they should fire them and get someone whos does care about the Veterans. Put a quota for the month on all of them and if they can't get it done get someone who can...

alot of Veterans and there family's suffer from the Vets Admin Deficiency’s.But they don't Suffer.. Make it an even playing feild..

Fines and jail time would help.

Meddac,

I personally don't hate the people who work at the VA. Sorry if my post came out that way. I think it must be a tough job having to deal with all the red tape. I do hate the red tape!

I just have little patience for slow processes. I guess the military should have fixed that, but I work in the business world now, and we get things done, or they get rid of us.

Thanks for your insight....Eric

Your post was fine, Eric. I take no offense at all to your words. It is tough dealing with the red tape all the time, but I just have to do it and move on.

It is a slow process....especially with all of the new claims coming in from Iraq/Afganistan veterans. If Obama does successfully put an end to the war we will be flooded. Waiting time could explode then, but we are hiring new people (in preparation, I assume). That, of course, brings a whole new set of problems (training, trainers, reviews of work prior to release, etc.)

You are truly one of the few, Meddac. Thank you for your insight. You are appreciated by many unknown veterans and their families. Best wishes for a sucessful future.

I have Today Received the Important Reply Needed and VCCA Form ,The VARO wants the release form Signed and Returned with The VCAA election Form ,Also states I can Get the Info needed Myself ,Surgery Report I suppose.. I will be waiting how Long ?? I guess It is another Hurry Up and Wait......... I sent them all info needed With My application for 100% ..from my Surgey I was Given after the Procedure .. This is Another Stall Tactic..If they Ever Actully looked at things They would have seen the INFO there in front of them.. ...Worthless.... I could teach My dogs to do a better job..

I recieved a letter saying the same thing yesterday, the IRIS response didn't work I guess it's been about 2 weeks I forgot. Still waiting after 120 days as well.

I received the same package. 8 or 9 pages? IMHO, ...get it back to them ASAP. Best wishes.

Hello folks,

I asked the Phila. regional office, the VA claims guy at the VA and another "specialist" from my local govt, all three had incomplete and non-specific answers as to starting a 100% convalescent rating claim. I had back surgery (spinal fusion L5-S1) 11 FEB 09 and will be out of commission for a while. Also when should I start the process of re-evaluation for the back rating (20%), after the convalescing period I would suppose.

1. What is necessary for a successful convalescent rating.
2. When should re-evaluation for increased benefit begin.

Thanks in advance,

E. Tomlinson

What is necessary for a successful convalescent rating.

What I had to do is get the copies of My surgery report from the Hospital and send them in They need to know when where what and The surgery Report I would believe covers it all

When should re-evaluation for increased benefit begin.

I think it would be the same day as surgery but Not sure on this One...
Maybe one of the Elders can answer this..Could be when we file..I know that in order for you to claim an intire month the surgey has to be done on or before the 10th of the month..

Its another process..Hurry up and wait..

Well...here we are, another Saturday. Will the mailman deliver the "magic" envelope today? I am in the second month of convalescence, and still waiting. My short term disability pays a whopping $125 a week. I'm doing all I can until the VA Eagle poops in my account.

Stall tactic??? C'mon, macool...we would never do that...

The letter is required by law. It does ask you for the same things that you already sent. Why? Because your VSR didn't take the time to clean up their letter. They may not care. Even so, we have to send that letter out. It is stupid, but it is required.

racemech: Have gotten a VCAA letter for paragraph 20or 30 benefits? Did you have surgery at a VA hospital?

That should be paragraph 29 or 30 benefits. sorry.

Meddac,
Yes, I actually received that letter two days before my C&P Exam in Winston-Salem. My C&P Exam was for VA diagnosed and medicated hypertension related to my right nephrectomy. Coincidentally enough, my surgery to repair the surgical defect from the nephrectomy took place at VAMC Asheville the next day. The surgery was already scheduled, the C&P Exam was a suprise.

The letter carries a 30 day DTA (duty to assist) with it, and a VCAA Notice Response. If you check the box that says you have no further evidence and return it (the Notice Response) thay will still wait the alloted 30 days. The only way around the 30 timeframe from that letter is to write in and specifically say that you waive your VCAA waiting period and you wish for them to move foward with your claim. Otherwise the law requires VA to wait.

Not sure what the C&P was for. It is kinda surprising that they would order that prior to the surgery. You are S/C for the condition that the surgery was for, right?

Meddac,
Yes, the surgery was S/C. The C&P was for hypertension that will be S/C also. I was originally 30% S/C for right nephrectomy. I was just officially diagnosed with hypertension back in November. The VA also found my abdominal wall herniated at the site of the original nephrectomy. Thus C&P for hypertension on 1/13/09 and surgery for hernia from surgical defect done 1/14/09. On a side note, I was diagnosed with hypertension prior to my original surgery from 1994 in service. I kept asking the VA physicians about it since my discharge in 1995, especially since I only have one kidney,and they replied that I was fine, until 4 months ago. Now I have a VA doctor that has diagnosed hypertension and prescribed medication. Once my current claims have settled, should I pursue retro?

Send this to where and with what form. Or just a generic hello letter send me money?


Thanks

Well, I think I might have opened up the proverbial can-o-worms...at least I hope. I just contacted Congressman Patrick McHenry's office to see if this would speed up the process for my claim. The DTA time expired a month ago, plus I even gave the VA in Winston-Salem an additional 30 days. How nice of me. I think that we are all in agreement that if 100% Temp Comp is not paid during the time that we are on convalescent, then what good is it? I have been "surviving" on my current 40% and the paltry amount that my employer contributes. But enough is enough already. I've stretched every penny to the breaking point, zinc only stretches so far. I'll keep everyone posted on the results.

Here is the latest response from the VA through IRIS. Best of luck to me...I'll bet.



Response (Department of Veterans Affairs)03/10/2009 04:51 PM Dear Mr. Millard:

This is in response to your March 10, 2009 inquiry.

We are sorry to learn that you are experiencing such difficult circumstances.

Our records indicate that your claim for temporary 100% disability due to status post nephrectomy with hypertension was opened January 29, 2009 and is in development at the Winston-Salem Regional Office.

Unfortunately, the VA does not have a program which provides emergency financial assistance. However, we advise you may wish to call Eric Robinson, Lincoln County Veterans Services contact at 1-704-736-8506 to request guidance regarding your situation. Hopefully he will have some information that will prove helpful to you.

We have attached VA Form 21-4138, Statement in Support of Claim, to print and submit with attached copies of eviction notices, and/or final notices for utilities, etc. to the Winston-Salem RO and request your claim for increase be expedited due to financial hardship. The RO fax number is 1-366-631-5403.

We are sorry that we are unable to provide you with the immediate financial assistance you seek. Thank you for your honorable service to our country. Best of luck to you.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,
E. J. Kruse
National IRIS Response Center Manager
tlr


How to contact VA:
On line: www.va.gov
By phone:
1-800-827-1000
1-800-829-4833 (TDD hearing impaired)

By mail:
Department of Veterans Affairs
Regional Office
Federal Building, 251N. Main Street
Winston-Salem, NC 27155 Inquirer03/10/2009 09:19 AM I am inquiring about the status of my claim for 100% conalescent disability compensation. I have no source of income due to the surgery that I had performed at VAMC Asheville 1/14/2009. I am in desperate need of a decision and funding on my claim. I am beyond financial hardship now. I cannot pay rent, utilities, bills or buy food. What can be done to get a determination now? Can I get some form of financial assistance from the VA now? Not something that takes 30, 60, or 90 days, I need help now!
Response (Department of Veterans Affairs)01/29/2009 09:52 AM Dear Mr. Millard:

Thank you for your inquiry to the Department of Veteran Affairs. I have forwarded your claim to the Development Department for processing.

Thank you for contacting us. If you have questions or need additional help with the infomation in our reply, please respond to this message or see our other contact information below.

Sincereley yours,
R.S. Burke Jr.
Veteran Service Center Manager

How to Contact the VA
On line: www.va.gov
By phone: 1-800-827-1000
1-800-829-4833 (TDD hearing impaired)
By letter: U.S. Department of Veteran Affairs
251 North Main Street
Winston Salem, NC 27155

//as Inquirer01/26/2009 07:08 PM I have had a 50% reduction in pay from my employer since 11/11/2009 as a result of this complication. My employer has been generous enough to keep me employed, however, due to the nature of my position, I am paid by production. I have been a mechanic since 1999. This complication prevents me from performing the majority of my duties as a mechanic. I can no longer perform the heavy lifting required by the position. I can send a copy of my company's job description for this position as well as pay stubs from befor and after I suffered this condition. Response (Department of Veterans Affairs)01/26/2009 04:03 PM Dear Mr. Millard:

We have accepted your online inquiry as a formal claim for temporary 100% convalescence care. We have forwarded your inquiry to the Winston-Salem Regional Office and asked them to add this contention to your existing claim for increase, you will be notified via US Mail of the information needed to further process your claim.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,
E. J. Kruse
National IRIS Response Center Manager
PMP

How to Contact VA:
On line: www.va.gov
By phone: 1-800-827-1000
1-800-829-4833 (TDD hearing impaired)

By Mail:
Winston-Salem Regional Office
Federal Building, 251N. Main Street
Winston-Salem, NC 27155
Fax: 336-631-5403 Inquirer01/26/2009 10:47 AM I have had surgery performed for a service-connected disability on 01/14/2009 at VAMC Asheville. I have been out of work since that date. My doctor released me from the hospital 01/16/2009 to remain at home for an undetermined amount of time with a weight restriction of 5 lbs. How do I apply for temporary 100% disability during my convalescent period? This is a huge financial strain as I have no income. I need help ASAP.

Seems to me that your Temp 100% claim has been coupled in with you other pending claims (I am assuming you have other claims pending by what you have said).

The VA accepted your initial inquiry as a claim for Temporary 100%. They should, by law, accept you letest inquiries as a financial hardship. I don't know why they suddenly didn't do so. There is nothing special that you have to fill out for the hardship. You just have to say so in most cases (I say most cases because they haven't accepted your latest that way).

Do you have documentation of the hardship (i.e. eviction notice, final notifications on bills, etc.)? If so, send them immediately. Otherwise, I would pound IRIS into the dirt with inquiries. That is just plain wrong!!

Meddac,
As usual, I greatly appreciate your insight and contributions. Yes, the VA did combine my claims.

Here is a brief history:
11/7/08-suffered an abdominal wall herniation causing an incarcerated colon. Location of hernia is at the original surgical site from my right nephrectomy done 7/94 while stationed in Okinawa.

11/11/08-examined by my personal physician, sent to hospital for CAT and MRI. Received all records and scans for VA.

11/12/08-reported to VAMC Salisbury, where doctor refused to acknowledge the medical information I had, quick visual exam and reported nothing wrong, have a nice day. I immediately contacted DAV, who suggested I try VAMC Asheville.

11/24/08-first appointment at VAMC Asheville. Doctor examined me and all medical documents. Scheduled me that day for surgical consult. Also noted that my BP was high. After review of my past VA medical records, he noted that my BP had been elevated at all other appointments since 1995. He immediately diagnosed hypertension, and prescribed meds. I guess the VA took this as a formal claim for hypertension. I did not file for it, because my main concern was getting the hernia fixed. The hypertension claim could have come later.

1/14/09-had surgery performed for the hernia, Three days, and I was homefor two to three months recovery. Doctor had follow ups for the next two weeks to remove staples and monitor healing.

I was told by the VA that the 100% Temp would be automatic, because of the surgery...duhh. I believed them only because of what had happened with the "automatic" formal claim for hypertension back in 11/08.

1/26/09-just to cover my butt, I contacted the VA through IRIS, just to clarify 100% Temp claim proceedures. As you can see from my earlier post, I guess that train-wrecked the whole process.

In my opinion, the whole process should have been reversed. Automatic filing for the 100% for the surgery, and let me file the claim for hypertension. Am I wrong here?

Oh, I forgot to mention that I do have the original surgical narrative from 1994 that clearly states that I have hypertension, yet this was ignored on my exit physical and by the VA from 1995-2008. My major concern for the hypertension is the plain and evident fact that I have one kidney.

PS- I had an 11" scar from the original surgery. The VA just added another 24" to it.

Meddac,
Should I start pounding IRIS for a "supension date"?

A suspense date wouldn't hurt to know. I'm not sure if the phone teams (which I know people dislike) wouldn't be able to get you that info quicker....although it might not be accurate. With a suspense date you would at least you would have some better ideas on the time issues.

Just some helpful information. If there is a child in the house under the age of 18 and a hardship exist, you can apply for a grant through the American Legion. You don't have to be a member, just a veteran. They usually have it processed in less than a week.

Still waiting since Nov 8, 2008, on my 100% temp claim. Sent everything in, hope yours doesn't take as long.

Just got this back from IRIS with two Suspense Dates. I'm guessing the first one is for my "Automatic" claim for hypertension filed by the VA. The second one, using my powers of deduction, is for my 100% Temp Claim. I was very respectful in my request, so...we'll see what happens.



Response (Department of Veterans Affairs)





03/11/2009 10:51 AM Dear Mr. Millard:

This is in response to your March 10, 2009 inquiry.

Our records indicate suspense dates of March 9, 2009 and May 8, 2009. Suspense dates are used for internal purposes and the departments using them are under no legal obligation to complete reviews and processes by those dates. We generally do not release suspense date information to veterans due to this reason.

Please know that VA is working as quickly as possible. We do realize that claims results affect many decisions that veterans and their families have to make. We appreciate your patience.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,
E. J. Kruse
National IRIS Response Center Manager
tlr

I was very respectful in my request, so...we'll see what happens.



Never did squat for Me ,I tryed the being a nice guy and wording everything just so..

It don't matter...I wish it did ...get ready for a wait ... and if you lose your ass along the way ..

The VA don't care ...their checks come right on time every two weeks or when-ever they are paid.

I have 4 kids at home I have tryed everything to get the VA to move ... It is like trying get your enemy to fight with you, instead of against you. I had no Christmas. Nothing and my EED has been granted.. seen nothing from that don't expect to . Cause the VA admin don't give a SH!T. instead of helping me ..they have decided to Order my SS admin records so they Can put it off longer... caring less if I lose my house Family and my life... These People don't work with the Vets they are there to stop them.. Rules regulations and evidence is the only thing they seem to give a crap about ... they lose the human thing when they take the job.... My birthdays coming up you know what I will get ..."A WISH" and that one will be ..."WISH" the VA admin would finish my Claims..

Rough day Trying to come up with what I don't have to keep crap going here.. I had to Borrow a computer just to get" here" do School....Mines down - crapped to bed and I sure can't afford a new one..... I can't even get unemployment because of the surgery ..and the VA admin don't give a rats ass...............Just sit there and wait..

Nothing new on my 100% Convalescent claim, but...

My VA doctor released me to go back to work 3/13/09. I went to my employer with the paperwork, which had physical limitations included. These limitations will keep me from performing my original occupation PERMANENTLY. What do I do now? I'm lost...

I would wait until my award of the Temp 100% then apply after I get it for an increase based on what you said here in this post ..Wait until you get the help of the temp 100% so it dosn't hold that up any longer..put another claim on the table and it will be a longer wait..

I am dealing with that ..I would not wish that on anyone.I am between a rock and a hard place ..don't do that to yourself..

Good Luck..

Healed up-- went back on Unemployment so I had some money "still Nothing" on this either..

Just got off the phone with the 1-800 guys, they tell me that my claim has passed the review and is headed to the rating board. Any ideas on a possible timeframe? Now I know why the VA includes the Suicide Hotline number with everything.

My claim is finally moving along...rating board last week...today it is at the desicion stage. How much longer...?

My claim is currently still with the "Decider". A little GW humor there. Maybe they did send my claim to the Walker Ranch for him to decide. Any ideas on how long it takes the VA to decide? The suspense is killing me!

To many factors to actually give an intelligent answer but if all the paperwork is done and they have the C&P probably not to long considering how long you have already waited.

Is the decider a new name for rater or is it the RO. Or just a new buzz word to get Veterans to hang up and get off the phone?