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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

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Kidney Transplant


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10 replies to this topic

#1 Kirk

 
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Posted 26 April 2010 - 10:26 AM

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,
Kirk

#2 broncovet

 
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Posted 26 April 2010 - 02:57 PM

Many people have tried to predict "what the VA will do" without success, in part, because the VA is famous for applying, or not applying regulations, in an inconsistent manner as they see fit. That being said, I dont think they will reduce your rating... I think they have to have "material improvement" to reduce a P and T rating.

#3 JamesBreckenridge

 
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Posted 26 April 2010 - 03:45 PM

"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.

Before I say anything more, have the doctors said anything about still needing dialysis (even if it's just LESS dialysis?) after the transplant?

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,
Kirk



#4 dsgsr

 
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Posted 26 April 2010 - 04:11 PM

"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.



I am 100% Permanent and Total AND Service Connected. You may want to check your Info.?


David

#5 jbasser

 
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Posted 26 April 2010 - 04:54 PM

You answered your own question. If the regs state that your condition will be re evaluated and you are no longer on Dialysis, then you should amd most likely be reduced to a level of disability that commesurates with your condition.
VA Comp may state Permanent and Total but nothing is permanent and total unless you fall under the 20 year rule.
There are protections for 10 years also but these protections are for severance of Service connection and do not touch periodic adjustments due to re evaluations.

James is actually correct as Permanent and total does not mean that the VA cannot examine you at will and reduce you upon improvement of a condition. Permanent and total for compensation purposes just means a condition is considered to be static with little room for improvement, but with a transplant, wether it be heart, Kidneys, or lungs, as long as they are successful does improve the conditon.

Hang in there.

J

#6 vaf

 
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Posted 27 April 2010 - 12:53 PM

The regs say you are to be reviewed one year post op after a kidney transplant. The good news at best is that you're off dialysis and have at least one functioning kidney. The not so good news is that the VA will want to reduce your rating to 30%. I was working with a veteran who the VA overlooked for that one year post-op C & P exam, but they caught up with him 12 years later and ordered the examination, and then proposed to reduce him. The regs say that if a veteran has a rating for five or more years, the VA must prove evidence of sustained improvement, and it can't be based on just one exam. It also states that the follow-up exams must be as thorough as the original C & P exam that resulted in the vet's 100% rating.

He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

#7 Pete53

 
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Posted 27 April 2010 - 01:43 PM

He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

VAF

You hit the nail on the head. Although he is better without dialysis he still has a foreign kidney and lots of problems associated with them.

#8 broncovet

 
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Posted 27 April 2010 - 08:21 PM

The VA has to follow certain rules to reduce you. One of those is that they have to give you 60 days notice, also giving you a chance to protest the proposed reduction. One attorney recommended that, if the VA does send you notice of a proposed reduction, you ask for a hearing. One reason is that the time for a hearing gives you time. Its kind of nice for Vets to be on the recieving end of these long delays for a change. That is, you keep on recieving your benefits while the Va is scheduling you a hearing.
Probably some of the most credible information available about VA rating reductions is offered by Katrina Eagle, a Veterans attorney. Try this link:
http://jimstrickland...Reductions.html

#9 broncovet

 
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Posted 27 April 2010 - 08:29 PM

Having read Katrina Eagles article again, I find it very interesting that, in reduction cases, the VA schedules a hearing in 2-3 months. However, if you are waiting on benefits, then it will probably be 2 to 3 years. All of the sudden, the VA finds a way to cut out the delays when it comes to rating reductions, but when it comes to approvals, the VA finds a way to delay. No wonder Vets are upset.

#10 Kirk

 
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Posted 28 April 2010 - 07:45 AM

Thanks to all who answered,

Broncovet, thanks for that link, very useful info there.

Kirk

#11 deltaj

 
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Posted 28 May 2010 - 06:09 AM

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,
Kirk

Kirk, I saw your post and just recalled that some patients get hypertension after a kidney transplant. If that happens you may want to consider filing a claim to service connect hypertension secondary to your service connected kidney condition.