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Schedule for rating disabilities question

VA Disability

This link will get you to the way VA rates stroke residuals:
https://www.ecfr.gov/cgi-bin/text-idx?SID=9b7882c6df00e95ea272db4d028c5844&mc=true&node=se38.1.4_1124a&rgn=div8
Please take note of this paragraph in the link:
4.124a Schedule of ratings—neurological conditions and convulsive disorders.
“[With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves]”
Also it is important to note that stroke residuals can be separated from any established SC MH disability.
It is important to know this- so that VA cannot “combine ” a standing MH rating with a CVA rating.
In some cases a stroke can excerbate a SC MH rating and that can be claimed as well.
Example: My husband’s stroke was rated at 100% P & T under 1151….after he died.
VA gave him considerable neuro tests (after a battle) that revealed his PTSD ( at 30% in his lifetime) was 100% SC P & T…also awarded after his death.
Very few vets ever get a 100% rating for stroke.I think that is because they have residuals that could be attributed to the stroke , but do not claim them. Another factor is that a stroke alters their thinking and memory and the best bet for them is to get a thorough independent medical review and exam (IMO/IME)of their medical records.
Unless they have a SSDI award solely for the stroke.
An SSDI award solely for stroke is an independent medical opinion that VA must consider.
Also in my husband’s case Voc Rehab sent him a letter stating his 1151 stroke made future VOC Rehab infeasible and he could no longer participate in his college VOC Rehab program..
BUT the most important thing a stroke survivor can do is establish a service nexus for their stroke, or claim it, as secondary -with medical evidence, to any SC they have now, or charge them under 1151 if the VA caused the stroke.


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