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]

"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 :)

[sammy104]

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 :)

[halos2]

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?

[Philip Rogers]

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 :)

[Berta]

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.

[Berta]

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.

Edited November 7, 2010 by Berta