Unrelated Stroke After Disability Rating/helpless

[sammy104]

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

[sammy104]

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???? :)

[Berta]

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.

[etihwr]

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.

[Philip Rogers]

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

Edited November 6, 2010 by Philip Rogers

[Berta]

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.

[Philip Rogers]

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