If a doctor cuts skin or bone during a service connected surgery, do you automatically get a 50% disability?

SGT Private RallyPoint Member — Tue, 08 May 2018 22:08:22 -0400

Me and friend of mine were discussing our past surgeries. (Mine : right foot , his : collarbone). He was telling me that if a doctor cuts skin, or bone on you that it’s 50% disability. I’m not sure how he got this or where he got in from? But can anyone shed some light on this situation?

Response by 2LT Private RallyPoint Member made May 8 at 2018 10:10 PM

2LT Private RallyPoint Member — Tue, 08 May 2018 22:10:33 -0400

Barracks lawyering-it’s just not true.

Response by SGM Bill Frazer made May 8 at 2018 10:30 PM

SGM Bill Frazer — Tue, 08 May 2018 22:30:52 -0400

Not true, Broken collar bone, broken leg, arthritis, numerous concussions, jumped for 21 + yrs, bad knees, 11B- bad shoulders and VA gave me a whopping 10%

Response by LCDR Private RallyPoint Member made May 8 at 2018 10:43 PM

LCDR Private RallyPoint Member — Tue, 08 May 2018 22:43:07 -0400

Not true. I had shoulder surgery when I was enlisted and got 10% when I got out.

Response by TSgt David L. made May 8 at 2018 11:22 PM

TSgt David L. — Tue, 08 May 2018 23:22:11 -0400

I should be getting about 500% at least based on that math! LOL
Here is VA math. You can get 100%. Say you broke your collar bone and its worth 10% (it can be more. It depends on how debilitating the injury is). You have 90% left. Right foot, 10% (again it could be more). Here is the VA math lesson. That 10% comes from the 90% you have left. But the VA start at 100% of the 90%. So that 10% really isn't worth 10%. It's a fraction of the 90%. I'm not exactly sure but it works out more like 8%. So if you had a knee issue, 10%. That's out of the 80% you have left. Worth less than an actual 10%.

I know it makes NO sense. There it is though. Here is my advice (it took my decision and 2 appeals to get what I got. I've been there). When you get close to ETS, get with a VSO of your choosing. VFW, AL and a bunch of folks have them. I went with DAV and they do this a lot. They know the hurdles and short cuts. They do this for FREE, but it's worth the rating they will get you.

That goes for anyone out there. If you are owed, get it. I don't care so much about the monetary compensation as much as I do the recognition of the injuries so you can get TREATED by the VA. If you have been through this and didn't get what you think you deserve get with DAV or someone and appeal before it's too late. They broke us, they need to fix us.
That's my soap box. I hope it helps someone.

Response by SFC Wayne Garcia made May 8 at 2018 11:37 PM

SFC Wayne Garcia — Tue, 08 May 2018 23:37:08 -0400

I think your friend is wrong. Best to wait for the rating.

Response by SMSgt Lawrence McCarter made May 9 at 2018 12:14 AM

SMSgt Lawrence McCarter — Wed, 09 May 2018 00:14:45 -0400

Disability breaks down to being disabled not if anything was cut or not or what the injury was. Each case would be weighed individually to determine if it even qualified as a disability. There is no automatic formula to determine a percentage and You can expect it won't be very high in most cases. More than likely You will have to fight for any percentage increase even with a valid claim.

Response by SSG Trevor S. made May 9 at 2018 12:37 AM

SSG Trevor S. — Wed, 09 May 2018 00:37:26 -0400

My hip surgery was skin, connective tissue, and bone. I only got 10% plus 10% for a knee misalignment caused by the surgery. Your friend is a barracks lawyer who is full of bovine exhaust.

Response by MSG Private RallyPoint Member made May 9 at 2018 1:12 AM

MSG Private RallyPoint Member — Wed, 09 May 2018 01:12:29 -0400

Back in 2012 when I was facing an MRB, I understood that disability is based on how able you are after the procedures. If you get a surgery, and the condition is fixed, you might get 0. If you get a surgery and there is no improvement or it worsens, you may qualify for a certain percentage. I know the idea of getting extra money for when you get out sounds good, but it actually prevent you from certain jobs. Google search "disability ratings for the military" and the regulation will show and explain everything.

Response by Capt Daniel Goodman made May 9 at 2018 3:19 AM

Capt Daniel Goodman — Wed, 09 May 2018 03:19:04 -0400

That:s a very odd concept...I follow your thought, so far as I can...I'm gonna suggest a group that might be able to help you, I just never heard the concept phrased in that fashion on precisely that clinical level, let !e send you the site, OK?

Response by Capt Daniel Goodman made May 9 at 2018 3:22 AM

Capt Daniel Goodman — Wed, 09 May 2018 03:22:00 -0400

Www.veteransadvocates.org

Look at this group, NOVS, search for their members near you on their search engine, or call them as well...these are the experts, my wife and I had found...the vet groups are all good, as are law school vet law clinics, however, for my part, I'd just pay a retainer, if need he, just to get an opinion...when you've got a really complex VA related disability question, trust me, we found these guys the right ones to go to, honest, I'd be eager for your thoughts, in any event, hope is of use....

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Response by Capt Daniel Goodman made May 9 at 2018 3:25 AM

Capt Daniel Goodman — Wed, 09 May 2018 03:25:14 -0400

Sorry, typo, the group is called NOVA, of course...trust me, they're the pros for such questions, honest, at least to my wife and myself....

Response by SSG Robert Perrotto made May 9 at 2018 3:37 AM

SSG Robert Perrotto — Wed, 09 May 2018 03:37:23 -0400

Not true - disability ratings are not based upon a surgery - but upon how much the disability is debilitating - if the surgery corrected the disability then you get "service connected - yes - disability rating 0%" not complaining but giving you a snapshot picture - I had 2 cracked vertebrae, 2 slipped discs and when they did a contrasted MRI, found a nerve sheath tumor on a nerve cluster, end result, had to have a spinal fusion from the s-1 to the l-3 to correct the vertebrae and discs, and remove the tumor - VA disability rating - 20%

Response by CSM Darieus ZaGara made May 9 at 2018 6:50 AM

CSM Darieus ZaGara — Wed, 09 May 2018 06:50:22 -0400

I assure you it is not true. That would indicate that everyone who had appendicitis, hynias and vasectomies would be eligeable. If you have no rating I recommend that you visit your local VA and request to start your claim. If you have and are still unsure you should contact the DAV and inquire. They are a very strong Veterans advocacy organization. Thank you for our service.

Response by PO1 Don Gulizia made May 9 at 2018 9:07 AM

PO1 Don Gulizia — Wed, 09 May 2018 09:07:34 -0400

It's not that simple. If you do have medical issues, make sure it is documented. (Even then, the VA may not accept it.) Use this to evaluate potential VA disability rating.
https://www.benefits.va.gov/warms/bookc.asp

38 CFR Book C, Schedule for Rating Disabilities - Web Automated Reference Material System

Response by 1SG Private RallyPoint Member made May 9 at 2018 9:38 AM

1SG Private RallyPoint Member — Wed, 09 May 2018 09:38:18 -0400

That is not accurate at all.
The BLUF on this is that a rating percentage comes down to current impairment from residuals from the original injury. This can range from 0% (no impairment but identifying the issue as service-connected) all the way up to 100%.
There is no such thing as an "automatic" rating. Without going into the weeds, the tables that an Rating Veteran Service Officer (RVSO) uses are exhaustive and complex.
The biggest factor is current impairment, with a smaller portion predicated on episodic issues like flare up from a knee or back injury.

Response by SFC Wayne Garcia made May 9 at 2018 9:55 AM

SFC Wayne Garcia — Wed, 09 May 2018 09:55:09 -0400

100% for a vasectomy? I don’t think so. That’s surgery you requested. Unless it was done do to an injury. Even then, it wouldn’t be 100%. But then, what do I know. We had a guy fry his brains on LSD. We put him out and later I found he gets a monthly check.

Response by LTC Kevin B. made May 9 at 2018 10:04 AM

LTC Kevin B. — Wed, 09 May 2018 10:04:21 -0400

A disability percentage is based off a determination of your long-term medical prognosis, not based on a particular medical procedure that was performed. For instance, if you have a routine surgery without any long-term complications (e.g. a cyst removal, a vasectomy, etc.), you won't get disability simply because a surgery was performed.

Response by SGM Erik Marquez made Feb 17 at 2020 3:44 PM

SGM Erik Marquez — Mon, 17 Feb 2020 15:44:01 -0500

SGT Private RallyPoint Member Not even close to true...
Its a myth...and a really bad one having no part of truth in it at all

Response by LTC Jason Mackay made Feb 17 at 2020 3:48 PM

LTC Jason Mackay — Mon, 17 Feb 2020 15:48:14 -0500

Look at 35 CFR that governs percentages for VA

Response by SFC Michael Hasbun made Feb 6 at 2021 11:07 AM

SFC Michael Hasbun — Sat, 06 Feb 2021 11:07:07 -0500

Response by SFC Michael Hasbun made Jun 30 at 2021 8:46 AM

SFC Michael Hasbun — Wed, 30 Jun 2021 08:46:38 -0400

https://www.military.com/undertheradar/2018/12/07/5-reasons-why-you-should-never-trust-barracks-lawyer.html

5 Reasons Why You Should Never Trust the Barracks Lawyer

People routinely make the mistake of believing these idiots and the nonsense that spews from their mouths.