diabetes Denied For Higher Level Of Aa

[Dolphin25]

Hi Berta...

What a mess...you won't believe what happened to me Friday night...all the more reason to have help nearby..took me all the better part of Saturday to make things right but that is my life now, suck it up and deal with it. I received an email from the Law Firm and she asked me to call this coming week so I will and see what she might have to offer me. My funds are so tight I don't know if I will be able to hire them or not depending on what they charge.

The answer to your question is I have never been rated for loss of use of my legs...at the time I was was given those awards in 1997 I could get around my problem started get severe in 2001 and 2002. I applied for AA in 2002 and was awarded the "L" award but that wasn't based on my loss of use of my legs. I didn't receive the "K" award for ED until 2005, so the answer is I have those issues and problems that are very severe for me now. Again here are the awards that I currently receive:

PTSD 70%

Deg joint disease of cervical spine 20%

Deg joint disease of lumbar spine 20%

Left upper extremity radiculopathy 20%

Left lower extremity radiculopathy 20%

Diabetes Type II 20%

Deg joint disease thoracic spine 10%

Hep C 10%

Incontinence 10%--------I just received this on July 14th 2010

SMC K

SMC L

If they didn't hear my case for Loss of use of my legs and limitations in my shoulders, arms and numbness in my buttocks (it feels like I have had a shot of novacaine and I know it is some kind of nerve damage but where I don't know.

I feel like they could have heard me for these following issues but did not do it and they knew about them.

Loss of use of legs, arms, shoulders and buttocks.

Loss of bowel control

Loss of memory and dizziness

Tinnitus

Ischemic Heart Disease

Diabetes Neuropathy----I think this may be a cause for a lot of my nerve problems as my feet and calves are always swollen and purple with no feeling in my feet..I have bad discoloration in my feet and calves that may may be due to loss of blood flow maybe.

Do you have the ability to archive your radio shows so that we can go back and listen to the shows later??

Thank you again Berta...have a good day.

[Berta]

http://www.svr-radio.com/archives.html This should give you the MP download to hear the show.

I am quite surprised they didnt give you SMC L due to your legs.I was afraid I gave you wrong info by suggesting you might be eligible for more K awards-

but if it didnt cover your legs -the advise I gave was sound.(I hope) I dont quite understand the L award you have.

If you get the K for Erectile dysfunction they they appear to owe you 4 K awards.

You do have to ask for them- and tell the VA why you should be granted these awards.Or they could be claimed as secondary to the DMII if in fact they are actual due to peripheral neuropathy. I hope the call back you get is from Carrie as I briefly ran by your situation with her at SVR in a very brief way as to the K awards.But any lawyer there should be able to help.

I am not an expert on SMC so I hope others chime in here.

The VA will only consider what a veteran claims. Sometimes they can obviously see a secondary condition and award it but I would never depend on them to do anything like that.We have to tell them every disability we want a rating for,

Edited August 15, 2010 by Berta

[Dolphin25]

I think the reason they did not give me the "L" rate for my legs is because this was in 2002 that I applied for regular Aid and Attendance and the use of my legs was in no way like they are today..they have progressively gotten worse over the last 8 years. I could actually get around with a walker

at that time and a cane but for any distance I did have to use a wheelchair.

You state you feel they owe me for 4 more K awards, can you tell me what disability they would give me those ratings for??

Would that preclude me from seeking a higher rate greater than the "L" level b/c as I understand it they cannot give the veteran 2 awards for the same disability. I just wonder if that would keep me from an R1 or R2 award??

Thank you for the link to the archive and when I contact Carrie I will let you know their decision.

[Berta]

If the "L" award was not regarding any of your extremities than I thought separate K award for all upper and lower extremites (loss of use of)would be possible.

The K awards are fairly independent of anything else.Unless a past decision has already recognized the disabilities and rated them as part of a past award.

The rest of the SMC rates are "step" awards. You must be eligible for each next step in order to progress to the R-1 or R-2 levels.

Do you still have the L award and the rating decision?

The law regarding the issue of SMC based on the need for

regular aid and attendance is governed by provisions of 38

U.S.C.A. § 1114 (l), (s); and 38 C.F.R. § 3.350(b), (i).

Under 38 U.S.C.A. § 1114(l), SMC is payable if as the result

of service-connected disability, the veteran has an

anatomical loss or loss of use of both feet, or of one hand

and one foot; has blindness in both eyes with visual acuity

of 5/200 or less; is permanently bedridden; or is so helpless

as to be in need of regular aid and attendance of another

person. 38 U.S.C.A. § 1114(l); 38 C.F.R. § 3.350(b).

I dont quite understand how you received the L award – but it appears it was it solely that you needed regular aid and attendance of another person-not for any 'loss of use of'

If so then the K awards might kick in if you ask for them but Carrie might see all of this very differently then I do.

I hope she gets to talk with you soon.

[Dolphin25]

Berta...

I got an answer from the law firm and they denied taking my case...so far that is 4 law firms that have denied me...not because I don't have a good case but because they are too busy...I can forward you their letters if you like. I even contacted the Paralyzed Veterans and they can't take it, along with Rep4Vets and some others. The DAV never filed a NOD even when I requested they file it for me, I have written the National Office but have heard nothing from them. I haven't tried the American Legion yet I may try them but I don't know how their organization is or whether they actually represent Veterans in Appeal cases. You know I thought the VA provided Veterans with an attorney at the Appeal level, did I read that wrong??

Well, if you have any suggestions, as I say it is beyond me right now to appeal this as important as it is to me...I need it done right and I feel I may have messed it up by not doing it right the first time...Take care and thanks for your response...

[Berta]

That is troublesome to me that this firm ( a recent guest at SVR radio via hadit was a lawyer from this firm ), is too busy for any more cases-

The National Organization of Veterans Advocates (NOVA) has a lawyers list at their web site-and the service orgs are listed at the VA web site.

"The DAV never filed a NOD even when I requested they file it for me, I have written the National Office but have heard nothing from them"

Did you instead-file the NOD on time?Within one year of the decision?

Is the DAV still on your POA?

If so I would allow them to respond to the letter even if you have to send a follow up letter.

Did you send it to the director of their National Service Officer program?