• Announcements

    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/

Archived

This topic is now archived and is closed to further replies.

  • 0

Unrelated Stroke After Disability Rating/helpless

Question

Posted · Report post

My husband has had a 20% disability rating for his left arm and hand for over 10 years. Last year he had a huge stroke and almost died. He is age 72 and has been retired for many years. The stroke was at home, not service related. I care for him at home. He cannot speak, his whole right side of body is paralysed. After his stroke tho, his left arm/hand has gotten so bad, he can hardly even lift a spoon to eat meals. He cannot survive without help, period. He is totally helpless. Next week, , we go in for his first rating of his left arm/hand, AFTER his stroke suffered in april 2009. This is NOT the side that was paralysed, by the stroke. How tho, do they calculate a rating now, that he is totally helpless, cannot walk speak etc...but this stroke was not service realted? Stressed here to say the least. Thanks for your help

Share this post


Link to post
Share on other sites

38 answers to this question

Posted · Report post

The VA would be considering whether the SC arm and hand have been "aggravated" by the NSC stroke or they are disabled now due to a secondary nature.They will only rate the level of "aggravation" or secondary amount of disability.

I assume the claim was filed that way.

"He cannot speak, his whole right side of body is paralysed" My husband was basically in that condition as well after a major CVA.VA gave him speech therapy and he talked again and although the VA said he would be confined to a wheelchair gfor the rest of hs life- I determined they were unwilling to consider therapy,which he got after a battle and he did walk again.But he was 45 at the time. Still CVAs have so many residuals that I know how difficult this is for you and your husband.

My husband's stroke was in 1992 and last year I proved it was directly service connected.So nothing is really impossible.But it can involve a lot of work.

Is it possible his 20% SC disability involves a blood circulation problem that could have caused a clot to form in his blood stream and then cause the stroke?

Is it possible any med he is on for the SC disability has a pronounced clotting factor?

Is it possible his stroke stemmed from HBP that VA failed to treat properly?

Can you give us the exact medical diagnosis of his stroke (such as ischemic or hemmoragic?)

And the exact etiology his medical records show as to the cause of his stroke?

What is the nature of the service connected disability?

Share this post


Link to post
Share on other sites


Posted · Report post

Thank you for responding so quickly! My husband originally filed his SC claim approx 1999 or 2000. Just prior to arriving in viet nam, he had military accident which severed his left forearm which affected his arm and hand. there was never a fight to get SC disability. It started at 10% , then in 2006 was re rated at 20%. He was wanting to go in for re rating again prior to his stroke, as he had mild pain in his left arm/hand again. but he said he could live thru it. Personally, I think he did not want to miss work, as the economy was bad and he was so stressed with our finances, so he tried to just work through his problem. This past September I filed to reopen his SC claim.

What is HBP? His stoke stemmed form an a fib heart condition....causing a bloood clot, that went to his brain. You make excellent sense with the questions you asked. I am so grateful to have somebody to talk to about this. He is deteriating very fast on his left side. This morning he was barely even able to feed himself his own breakfast, Mornings are usually his best time of day. He was extremely active prior to his stroke..worked 2 jobs...six days aweek..with the attitude and energy of a 30 year old...even tho he is 72. Thank you for your hep. You went thru alot also with the VA and your husband. Thank you for your reply :)

Share this post


Link to post
Share on other sites

Posted · Report post

"What is HBP?" Hypertension (High blood pressure)

"His stoke stemmed form an a fib heart condition....causing a bloood clot, that went to his brain."

Was he being treated by the VA for the atrial Fib heart disease? and/or High blood pressure?

Do you have copy of his medical records?

My husband was found to have had his stroke due to untreated heart disease as well as his high blood pressure had been found to have been inadequately treated by the VA.It was malpractice.Years after that was resolved I re opened due to another condtion they were negligent on and they awarded a direct SC AO death.

If he is a VA patient -have they adequately treated his heart condition-which caused his stroke.

Malpractice sure doesn't happen often in the VA system.

It is always a point to consider when one tries to find a way to service connect a veteran who has no known other service nexus for their disability.

When they diagnosed his heart condition (I am assuming he got VA health care but could be wrong)some research on your part along with his medical records will show what the 'standard' medical community would do to treat his heart problems.

If that info does not really compare with what VA did-he could possibly have basis for a Section 1151 claim.

I studied Cardiology and cerebravascular disease in 1995 to succeed in my claims and it was long tedious work. The internet today has made this much easier then it was then.

If his heart disease was not medically treated properly, it is most likely the cause of his stroke.

Then again it might well have been properly treated.

I am just looking at every way I can to seek a way for him to attain SC at higher level.

Do I understand he never arrived at Vietnam? Or did he arrive in Vietnam and continue to serve with the left forearm condition?

If he did step on Vietnam soil, was his heart condition described as ischemia by any doctor?

Share this post


Link to post
Share on other sites

Posted · Report post

He was treated by many places...VA and personal doctors as he has medicare and tricare for life., so, he was not ONLY treated by VA. Yes, I have medical records..and can get any records I need. Apparently everybody missed the fact that he hed irregular heartbeat, yes he had HBP. He was at VA for routine office visit 10 days b4 his stroke. The Nurse practitoner said he was fine. They didnt even make him go for big testing...seeing that he has been diabetic and HBP for many years. They didnt even re direct his visit to a doctor. He was seen by NP. What is a section 1151 claim?

Congtars to you and all your long hours of research you spent looking into your claim. It paid off. Yes , Internet today has been huge help. I could not have this great chit chat without it. I am so glad to be able to talk to somebody about this.

He was NEVER on foreign soil. His severed arm kept him here. I dont know if the word ischemia was used by any doctor in any of the diagnosis paperwork. What will that word mean? They always refer to it as an "a fib" condition, it never was a hemerrage.

Question, what if we just made it simple and looked at his SC left arm/hand as it is now/ post stroke, regardless ? He cant do hardly anything..except MAYBE on a good day, feed himself in the mornings..after that..his SC arm/hand goes downhill...and now his hand is a bit deformed. It is odvious he is totally helpless. Hard to even get him to hold a pen. Seems I remember reading somplace "helpless" affects SC ratings. Let me know. thanks so much :)

Share this post


Link to post
Share on other sites

Posted · Report post

You are right to keep this simple-

some terms I mentioned would only apply to him if he served in Vietnam.

"What is a section 1151 claim?"

That is a rating by VA if negligence is proven in VA treatment that results in an additional disability caused by the negligence.

He certainly should be able to get a higher rating of the SC with the stroke causing these problems to hs SC condition.I only hope the VA sees it that way.

The term "helpless" usually is involved in claims for Aid and Attendance.

Those regulations are in this BVA decision.

http://www4.va.gov/vetapp10/files3/1028010.txt

Share this post


Link to post
Share on other sites

Posted · Report post

Can he get aid and attendance at ANY SC disabilty rating? or does it have to be 100%. I will try to get it possibly....he cannot do anything on his own. I see pension is a prerequisite...? He recieves military retirement AND SC disability each month. Is that the same as pension?

Share this post


Link to post
Share on other sites

Posted · Report post

So, I 'm back to my original question I have been asking myself....Am I way out of line to think VA will give him 100% rating.? The stroke has made worse his SC disability such that he can hardly do anything. In my mind it is a simple "yes" But...help put me back into reality :) what do you think? You have been very involved and dedicatedwith the system, I can tell. I have never had bad experiences with the VA so maybe thats why I so optimistic???? :)

Share this post


Link to post
Share on other sites

Posted · Report post

In my 20 years dealing with the VA I cannot say Yes on this-

"In my mind it is a simple "yes" But...help put me back into reality :)"

I do see your logic and agree with it to an extent but claims are controlled by the regulations and not logic.

But I did some research and I can add one thing-

A & A is NOT dependent on a 100% SC rating.There must be a SC rating but it doesn't have to be 100%.

I think you should formally request Aid and Attendance (you could use a 21-4138 form or send them a letter with his C file number on it and then state how his SC disability has been compromised and made worse by the stroke.Give as many details as possible.

And then in this claim -ask the VA to refer your (his) request for A & A to VA Central Office in Washington DC for an Advisory opinion immediately 0 if the VARO cannot make an award of A & A.

Cite: M21-1MR Part IV, subpart ii 2.H.34

and also Veterans Benefits Manual, by National Veterans Legal Services Program,2010 Edition Footnote 471, page 349.

It would be good to have a vet rep on the POA who understands the A & A benefit and will support the need for it as well as support a higher rating for the SC disability. Ask them too for expeditious treatment due to his age and catastrophic illness.

I dont know how this will work out but it is definitely worth trying for the A & A benefit.

I sure hope others will chime in here as they might see something I dont see to help you.

Share this post


Link to post
Share on other sites

Posted · Report post

In order to qualify for A&A, you have to meet three of four criteria. You can't feed yourself, you can't bath yourself, you can't take your own medicine. There is a fourth, but I keep on forgetting it. If your going to apply for A&A, you need to show that you can't do these things. A letter from your doctor will go a long way to getting A&A.

Share this post


Link to post
Share on other sites

Posted · Report post

Personally, I feel he can service connect(SC) the diabetes and stroke, since he had a SC amputation, and eventually win 100% SC, but bear in mind the VA moves very slowly and will probably fight this the whole way. Amputations are known to cause heart disease and circulatory problems like HBP, etc. In the mean time, they would probably award non-service connected(NSC) pension, w/A&A, but that is based on income and assets. You stated he was a military retiree? They don't usually retire unless a 30% rating or more and if so why did he wait until 1999/2000 to apply for VA comp?? Connecting the stroke should be relatively easy. jmo

Is he receiving social security??? If so, retirement or disability?? If not he should apply, now.

pr

Share this post


Link to post
Share on other sites

Posted · Report post

Philip- we think alike!

I found some medical links to support exactly what you said as to the amputation -then I realised it appears this was a severed

forearm that did not mean loss of arm and hand:

"severed his left forearm which affected his arm and hand. there was never a fight to get SC disability. It started at 10% , then in 2006 was re rated at 20%. He was wanting to go in for re rating again prior to"

This needs to be clarified by Sammy104.

Share this post


Link to post
Share on other sites

Posted · Report post

Berta, I have a lotta questions on this one. He has tricare for life??? You don't get tricare for life unless you're a military retiree. Usually you'd need 30% or more to be medically retired. I'm not understanding something here. How do you sever a forearm, w/o losing the hand? I'm lost.

pr

Share this post


Link to post
Share on other sites

Posted · Report post

Berta...Phillip...Etihwr....You guys are great!!!!!!!!!!!!!!!! :) Yes...i used the word severed for his left arm/hand.......i see now the confusion....... the SC disability cut so deep into his forearm that it cut apart many nerves and muscles etc....I will write more after I give hubby meds :)

What a wonderful website this is!! So goood to talk to somebody over all this :)

Share this post


Link to post
Share on other sites

Posted · Report post

me too- maybe the veteran's nerves were severed and he still has the arm and hand but loss of use of????

"You stated he was a military retiree?" yes- that indicates retiree pay ----

If he gets retiree pay then his SC would have to significantly increase (or be CRDP or CRSC eligible) for any additional award from VA to really be a monetary benefit.

Share this post


Link to post
Share on other sites

Posted · Report post

Phillip...correct...NO medical retirement...just regular retired after 30 years Nat Grd.

He is 72 and also gets social security retirement in addition to his non medical military retiement. ..and of course he also gets his VA compensation each month. :)

Share this post


Link to post
Share on other sites

Posted · Report post

Thinking out loud here...I wonder if the VA should have been watching hiim for years..knowing that he had severed nerves and muscles ...damaged arteries possibly...tons of stitching and 3 months in hospital before he was released.....the accident to the arm...all made for terrible blood flow etc...anyways Berta..this is all your fault due to your WONDERFUL PAGE>>>>INTERNET MEDICAL RESEARCH PRINTOUTS!! I am searching internet more so than ever now....i can see MEDICALLY.how everything could POSSIBLY be related now....to afib heart condition....leading to stroke years later, long after his original SC left arm injury.....very easy to connect the dots...Berta....Im doing my homework now for sure...need to stock up on printer ink!! I feel a wave coming on of internet medical reasearch printouts!! Thank you Berta!

Share this post


Link to post
Share on other sites

Posted · Report post

"in addition to his non medical military retiement. ..and of course he also gets his VA compensation each month. " and is his check from Military retirement reduced by the amount he gets from VA?

Share this post


Link to post
Share on other sites

Posted · Report post

Now I'm thinking did they rate him properly, when he was first rated, at 10%, especially w/the nerve damage, etc??? Just thinking outloud.

pr

Share this post


Link to post
Share on other sites

Posted · Report post

"in addition to his non medical military retiement. ..and of course he also gets his VA compensation each month. " and is his check from Military retirement reduced by the amount he gets from VA?

correct...military retirement reduced by VA amount :)

Share this post


Link to post
Share on other sites

Posted · Report post

Now I'm thinking did they rate him properly, when he was first rated, at 10%, especially w/the nerve damage, etc??? Just thinking outloud.

pr

my thot also..now that I'm thinking about all this...Question>> Is there something special I have to do right now, if I suspect he was improperly rated from the very start? OR do I wait till we go to our firist doctor visit to reopen his claim? Then, at that doctor visit, then tell the rating doctor that I suspect he was never properly rated? Not familiar how the system works Thanks :)

Share this post


Link to post
Share on other sites

Posted · Report post

Sammy, Put in his claims for increase now...it will take time for them to get back to you allowing you to gather all copies of his records/exam reports, all documents in his complete medical and C-File records.

You having copies of diagnoses and failure of them acting on these which ultimately resulted in his strokes should be the ammunition you need for proof of their doubt. Get an independent medical opinion evaluation from a physician who can like his problems/diagnoses with the stroke. Perhaps the physician who has been treating him could do this for you.

You have to be his advocate as he is no longer able to for himself. Keep coming here and posting and Berta is very familiar with the problems he is experiencing and she can lead you in the direction you need to travel. She is HIGHLY respected and VERY KNOWLEDGEABLE first hand with similar problems too.

File now and seek everything you need. Get your date in asap. Perhaps they may not retro back when they should so another date is needed while you fight. Good luck Sammy and seek out help that may be available via county health dept or other volunteer site there may be in your area. Are you close to his treatment facility where he goes to the VAMC?

Share this post


Link to post
Share on other sites

Posted · Report post

An improper original rating would be a Clear and Unmistakable Error (CUE) and can be filed anytime. There is much here, at Hadit, on CUE's, if you do a little searching. You'll need to find out exactly what was damaged, in the accident.

pr

my thot also..now that I'm thinking about all this...Question>> Is there something special I have to do right now, if I suspect he was improperly rated from the very start? OR do I wait till we go to our firist doctor visit to reopen his claim? Then, at that doctor visit, then tell the rating doctor that I suspect he was never properly rated? Not familiar how the system works Thanks :)

Share this post


Link to post
Share on other sites

Posted · Report post

I really cant add to the great advise here from Halos and Philip-they covered a lot-

file the claim for higher SC rating, and for Aid and Attendance.

During the wait for input for VA you can gather copies of all of his medical records and also obtain an independent doctor who could prepare an IMO for both the higher rating and for the A & A benefit.

There is a possible negligence issue here as well but that would take a strong opinion from an IMO doctor too.

There have been commercials lately on sattelite TV about how atrial fibrillation can lead to strokes.If his atrial Fibrillation was not diagnosed properly or treated properly by the VA there could be a basis for a Section 1151 claims for medical negligence.

Section 1151 claims only cover VA health care.

There is significant Sec 1151 info here at hadit.

Share this post


Link to post
Share on other sites

Posted · Report post

http://americanheart.org/presenter.jhtml?identifier=4451

“Treating atrial fibrillation is an important way to help prevent stroke. That's why the American Heart Association recommends aggressive treatment of this heart arrhythmia. “

In Section 1151 claims one must clearly associate VA health care records with any charge of negligence under Section 1151, 38 USC or the FTCA.

In a successful award of compensation under 1151, the VA will rate and pay comp “as if” service connected for the level of additional disability that the VA negligence caused.

If the VA causes a veteran's death and it is proven- they will award DIC under Section 1151 to the surviving spouse.

This type of DIC is not the same as regular SC death DIC and has limited ancillary benefits.

The VA care of the veteran has to raise to a level that was not consistent with the care that would have come from the "usual and standard" medical community.Or as in my case-I proved there was complete omission of proper medical care that the non VA medical community would have given him.

What the VA did or did not do can be the basis of these types of claims.

For my FTCA and 1151 claims- the lack of usual and standard care consistent with the regular non VA medical community was the criteria I had to prove was lacking in my husband's care,along with medical records that supported medical malpractice had occurred.

If your husband was not treated aggressively (as a VA patient) for his At fib condition, then his care was not up to the aggressive standards in the usual medical community.

However I cannot determine if he had full VA health care after his discharge = Were his Tri care doctors all from the VA?

Were his meds all from the VA?

Have you been able to determine if his meds were appropriate for aggressive At Fib treatment prior to his stroke?

Did the VA fully consider his blood flow and/or normal clotting ability was compromised by his severed arteries? I am, assuming this is the type of injury he had which is service connected now.

If they didnt , then his VA treatment might well not have been proper.

Any good vet rep should be able to help with the A & A and higher rating claim.

They too might well suggest getting an IMO however.

Any Section 1151 claim or FTCA claim should definitely have an IMO.

It is difficult to determine if an IMO will in fact support a malpractice or negligence issue.

An IMO doctor will need to thoroughly review the entire clinical record.

It pays however to do this yourself -if you can-to be able to highlight for the IMO doctor anything in the record they must focus on.

For my last claim (another malpracticed issue but completely different claim basis)I did obtain 3 IMos and spent $4000 on them which was well spent.

I knew beyond any doubt before I contacted the IMO doctor that his opinion would support my claim because my evidence was solid for the additional claim.IMOs can be very expensive.

If there could be any possibility at all that VA care caused your husband's stroke, this is something that should be pursued.He could file a FTCA claim as well. FTCA info is here in the FTCA forum.

My evidence for both 1151 and FTCA claims was the same.

VA wanted to settle with me within a few months after they got the FTCA claim.They had pbtained a medical report from a VA cardiologist that supported my case completely.

Then the VA lawyer and the cardiologist retired and the critical malpractice report disappeared.

VA told me it had never even existed.

I spent 3 more years of fighting with them to prove my cases. Years after I won I asked for additional copy of my C file and the critical malpractice report (that never existed)was right in the C file.

I used it as evidence for my present claim.

I cannot determine with limited info here if your husband was malpractice on.

But if there is any possibility of that, he should definitely pursue it.

I will be checking the FTCA forum today to see if there is ample Section 1151 info.

The format is pretty cut and dried.

Documented proof of malpractice (not easy to find for laypeople)

and a documented disability directly caused by the malpractice.

My cases were similiar to what you might have same basis for.

My husband had a heart attack while employed at the VA and was misdiagnosed.They said he had sinus condition.

He also showed signs of untreated diabetes and trancient ischemia.misdiagnosed by VA same year.

Four years later he had Major CVA (also misdiagnosed for 3 weeks and then improperly treated)

After giving him an ECHO the Cardiologist told me he had nothing wrong with his heart.Sept 1992.

He dropped dead 2 years later in our barn.

I proved the VA had caused his death by misdiagnosing and maltreating all of the above far below any usual standard of medical care consistent with the non VA medical community.

It was the initial misdiagnosis of his ischemic heart disease and the lack of proper medication and treatment for it that was the basis of my past claims.

It only takes one misdiagnosis to have a snow ball affect and cause other misdiagnoses and improper medical meds and treatment.

VA saves thousands of lives a day.But still they have malpracticed on some veterans too.Even the non VA medical community does.

All vet reps are trained in handling Section 1151 claims as well as the other claims you are filing.

It would good to find a vet rep to help you on these claims.

Share this post


Link to post
Share on other sites

Posted · Report post

My earlier suggestion as to the stroke aggravating his SC arm injury is incorrect.It wont fit into the regulations.

The claim on that basis would have to show that his SC disability aggravated the NSC disability.Which is possible.It is one point that could be raised in applying for a higher SC rating. He cannot fed himself or do other things with the SC arm because it is aggravating his NSC condition.

There is good discussion on 'aggravation' here:

Please read the CRDP and CRSC info here available under a search because his SC would have to get to- at least 50% I believe- before there would be any monetary gain regarding his SC compensation.

http://www.military.com/benefits/military-pay/retired-pay/comparing-crsc-crdp

I posted some more info in the FTCA forum as to Section 1151 claims.

If he had both VA and non VA health care under Tricare, the Section 1151 claim would only apply to any VA medical errors in treating his Atrial fibrillation.

Share this post


Link to post
Share on other sites















  • HadIt.com Twitter