Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
Sign in to follow this  
Raybob

Dry Eye Due To Lasik Denied As Not Sc

Question

While on active duty in 2002 (I just retired this past June 1st) I had Lasik surgery done by an outside physician (who also did Tiger Woods!). I developed dry-eye as documented in my SMRs which is treated with eye drops. On my C&P determination, VA said that since I had it done outside of the military as an elective procedure, even though I was on AD, they consider the dry-eye condition to NOT be service connected. Are all "elective" surgery and any resulting conditions treated this way? I chose Lasik as the Air Force only does PRK. I wasn't sure whether I should file a NOD on this finding. Thanks for any advice.

Cheers, Ray

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

While on active duty in 2002 (I just retired this past June 1st) I had Lasik surgery done by an outside physician (who also did Tiger Woods!). I developed dry-eye as documented in my SMRs which is treated with eye drops. On my C&P determination, VA said that since I had it done outside of the military as an elective procedure, even though I was on AD, they consider the dry-eye condition to NOT be service connected. Are all "elective" surgery and any resulting conditions treated this way? I chose Lasik as the Air Force only does PRK. I wasn't sure whether I should file a NOD on this finding. Thanks for any advice.

Cheers, Ray

Well the way I look at it, I'd have to (unfortunately) agree with the VA. It was elective and done outside of the military. You can always file an NOD, but I'm not sure what good it would be. Good luck.

JMO,

Bergie

Share this post


Link to post
Share on other sites

Ad

I disagree with Bergie as the surgery if not completed with an alternative surgery will cause dry eye. The fact that it was done while you were in and you were treated indicates a condition that was aggravated. Did the Doc not explain to you that dry eye was almost 100% if you did not have a procedure on tear ducts?

Share this post


Link to post
Share on other sites

Hmm... I agree with Pete. The VA tried this same BS with me and I won by fighting it. My third molars were extracted and I had treatment for weeks. They tried to say it was elective surgery. They treated me constantly afterwards. I won my appeal.

Share this post


Link to post
Share on other sites

Thanks guys for the advice, I will at least file a NOD and see what they do.

At the time, the Air Force only offered PRK to pilots and members who were deploying... so I had Lasik donw while staioned at the Pentagon....now PRK is open to all AF on actove duty, but they still only do PRK. Since it was so long ago, I dont remember if they said I needed a follow-on for tear ducts, but it was not in the literature. The military did get the benefit of improved eyesight and no glasses for the rest of my career after surgery. I did see the military optometrist to discuss before I had the surgery done (it is in my records).B

But the key question I had was that since I was active duty, does that mean any elective surgery outside of the military is never covered? I would think it would be SC unless I did something unlawful or not allowed by regs.

Cheers, Ray

Share this post


Link to post
Share on other sites

6.1.6. Elective Surgery or Treatment. Prior to any elective treatment by the Military Health Services System (MHSS), a Service member must consult with a competent military medical authority. A Service member who elects to have such treatment done at his or her own expense will not be eligible for compensation under the provisions of this Instruction for any adverse residuals resulting from the elected treatment, unless it can be shown that such election was reasonable or resulted from a significant impairment of judgment that is the product of a ratable medical condition. A record of the counseling will be made by the Health Benefits Advisor or other designated individual to document that the member was counseled about the elective treatment and his or her subsequent ineligibility for disability compensation for any adverse residuals incurred secondary to the elective treatment.

http://biotech.law.l...f2/i133239p.pdf

Edited by sharon

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
×

Important Information

{terms] and Guidelines