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Richard1954 last won the day on November 22 2019

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About Richard1954

  • Birthday 02/26/1954

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  • Military Rank
    SFC Retired

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  • Service Connected Disability
  • Branch of Service

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  1. GB Thanks for the reply... as to the temporary 100% , if I understand the rules they say as long as the doctors call for a least 1 month of convalescent after a service connected surgery it can be renewed incrementally for up to 12 months... certainly I would not get paid for two 100% awards.. but a temporary 100% rating should bump up my SMC L 1/2 to M for about $200 more a month.....
  2. In 2008, the VA performed cataract surgery on my left eye, which were caused by use of steroids for my service connected lung condition. About one month after the surgery I started having complications which developed into pigmentary glaucoma. As time went on symptoms got worse causing loss of vision due to increased pressure in the eye. My vision would just go completely whiteout. This condition was caused by the lens being placed to close to my iris, and rubbing on the iris. When I ended up on blood thinners the condition got worse if my INR was to high, ( INR is the measurement of the therapeutic level of blood thinners) I would end up with internal bleeding in the eye. Recently ( three weeks ago) I woke up to find that I could not see again, having a total whiteout in the eye. Ironically, I was scheduled at the va on the same day to get an exam for new glasses. This time the bleeding was not caused by a higher INR. In fact, my INR was lower than usual but still within the required limits. I went to my appointment only to learn that my eye was bleeding due to a broken blood vessel again caused by the lens rubbing my iris, apparently moving slightly and caused the bleed. This time the blood was also behind the eye and not just between the lens and iris. I was scheduled to have surgery for tomorrow, which has been postponed until next week. Over the years there was talk of replacing the lens, but because the " strings", that hold the lens in place are broken, there was no way to secure the lens away from the iris unless it was sewed in. I always told the doctors no more surgery as I was afraid things would get worse.At least I had my sight 75% of the time. Now things are different, blood is getting behind the eye and eventually will damage the retina worse than it is already damaged and I will lose my sight. I was told it could take 6 months for the blood to clear itself, but in the meantime I could continue to have these bleeds.. so surgery has become necessary or I will lose all my vision. So, I have agreed to have the lens removed, but it will be at least 6 months before they can sew a new lens in, because they want to insure the eye has healed. I have already told them after this surgery I will not have another surgery( have had 3 minor surgeries on the eye already). So the only way I will be able to see is if they can fit a contact lens, or get coke bottle glasses for the left eye. After years of fighting with the va about the initial 30% rating, I finally received a 60% rating on the eye last year due to 7 or more visits to have medical care on my eye within a 12 month period. So now comes the questions.... Will the va award me a K award for loss of use of the eye if left without a lens as I will only have light perception? Will the va rate me temporary 100% for the period I must wait ( at least 6 months) before the doctors will even consider sewing a lens in place. And if a contact lens will not work, and I am left with just my right eye, how does the va rate the loss of vision. I have tried to understand the rating schedule... but for Aphakia the rating says its only a 30% rating, if I am determined to only have light perception the va may rate based on loss of use, and best vision in my right eye without glasses.. did I get this right? I don't want to waste time on a claim that will only net 30%... but if a claim results in a K award or temporary 100% rating.. it will be worth my time.... Any input would be nice.... Also... I know some of you may be wondering .. did I submit an 1151 claim ( malpractice) yes and it went no where.... I was also already service connected due to the use of steroids causing the cataracts. I haven't been on the site in a long time, because I am already fighting stage 4 prostrate cancer, I am doing well, in that my medications seem to be working and delaying any progression of the disease...
  3. I know that Dr. Bash is well respected on this forum, so I sought out his service to write me an IMO for my prostrate cancer . He took a long time to get up with me , even failing to call me after a call was scheduled. I had to email him again, and request another call. He was never specific as to the cost of his services. I used Dr. Anise's services in the past and his fees for two IMO's were $1500, in fact that is what he charges everyone. Another doctor Dr. Seiter has his fees listed on his web site and his services for an IMO are $500. Dr. Bash's secretary called me a few minutes ago and quoted me $10,000 for an IMO. She wanted $3000 down, and to arrange a payment plan. I informed her the the fee was ridiculous, explaining what Dr. Anise charged me in the past and what Dr. Seiter charges. She asked me what did I think was a fair fee. I refused to answer her telling her that I though that Dr. Bass was trying to get rich on the back of veterans. Maybe my opinion of Dr. Bash is wrong, I sure hope so. If anyone wants to get an IMO check out the following link from Watchdog.org , it list many doctors willing to provide IMO's. https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html
  4. I was just diagnosed with stage 4 Prostrate cancer, which has already spread to my bones in lumbar spine in 4 small areas, and 1 small area my right thigh. There is no cure for stage 4 Prostrate cancer. Average Life expediency is 5 years after diagnosis. I had not had my prostrate checked since I was 33 I am now 66.. you do the math.. It was not anything I had though about. My doctor told me any man age 50 and above needs to be checked yearly with the finger test ( ouch) or Urine test. This cancer is treatable and can be cured if caught in the early stages... Get your Prostate checked. I had always though my Lungs would kill me....but we are all going to die sometime so it really doesn't matter what kills us... I have had my affairs in order for some time.. but I still worry about my wife of 47+ years... This has hit her hard, so guys if you care at all.... get checked....
  5. TDIU is never revoked unless it was based on fraud, once awarded TDIu regardless of a later 100% rating you cannot return to work... if you do you could be facing repayment of thousands of dollars.
  6. No.. because once your granted TDIU it that award is never revoked ( unless it was based on fraud) Also if you were granted T&P and chapter 35 benefits both times, your dependants have two separate awards for chapter 35.. which doubles the amount of time they can spend in school.
  7. I doubt this... simply because the va doesn't moot TDIU because you got a 100% rating later. You may think it was moot, because of the 100% award, but unless you receive a letter revoking the TDIU award you still have a TDIU award.
  8. I guess that is a matter of opinion, I have one combined 100% rating and one 1005 rating based on a single condition.... and for the heck of it I was also awarded TDIU for a different condition that the 100% ratings are for.
  9. I do not recommend confronting anyone that put information in your record that you do not agree with. There is a procedure that you can take to have information you don't agree with removed. I went thru this last year. A male nurse did not like the way I answered his questions and I did not like that he would not look at me when asking the questions. When he asked me what my weight was , I told him to look in the record, since this question had already been answered and I said why your at it .. look at the record and find all the answers to your silly questions. He told me to return to the waiting room and wrote in my record that he felt threatened by me, he wrote some other stuff but the just was that I scared him so bad that he wanted nothing to do with me. I found this in my record, and wrote a letter addressed to the Director of the hospital and in the letter I demanded his statement be removed. I explained that if he was so afraid of a fat, 65 year old man on oxygen sitting in a wheel chair then maybe he should not be working at the va since many of the veterans he will come in contact with are like me. I also indicated if this 35 - 40 year old man was really afraid of me he should of called the VA police.. I indicated he was rude would not look at me when talking to me instead had his back to me and his face looking down at the form he was filling out.... I also indicated, that he was asking me questions in the presence of other people that had no business hearing the questions let alone the answers... In the end ( about 4 months later) his entries were removed from my medical record, and he was instructed not to interact with me at all. If you confront anyone you could make matters worse.
  10. As long as you have a 50% or more rating you can receive medical care free of cost for any and all conditions.
  11. This is a argument that is going to require an independent medical opinion. For years the VA told me my hearing loss was not serious enough to be rated and that if it were it was not service connected ( 1986-2005) in 2005, a VA audiologist wrote a statement that my hearing loss was more likely than not caused during my military service. I was service connected at 0%, and given hearing aids, along with 10% for tinnitus. I have fought for years to get a compensable rating. My right ear is really bad , but the va says because the hearing in my left ear is still to good for a compensatable rating even giving special rules concerning the low levels in my right ear and I was again recently denied for a compensable rating. I find it ironic that anyone can have hearing so bad that the VA will purchase $5000 hearing aids and TV audio accessories every 5 years but the hearing loss is not compensable. A compensable rating for hearing loss is almost impossible to get unless you are close to or totally deaf. At my age, I have given up on ever being rated fairly for my hearing loss.
  12. You conditioni would have to be caused by an instrument of war ( such as a Jeep or other government property that was created to wage war) or it would have to be caused by an injury during war. In my opinion unless you could prove it was caused as explained above you would not be awarded CRSC. I am not sure who you would apply to being a member of the Army National Guard, but it seems to me you would submit your application and medical evidence to the CRSC under the Secretary of the Army. I don't know how arrhythmia could be caused by war, as I am not a doctor, my suggest is to submit your application and let those that know make the determination. Also, if you are approved, it will be awarded based on the 10% va award, and no more. It would be tax free, and the amount awarded could not exceed your actual retirement from the Army National Guard. If it is less that your actual retirement you would receive the rest of your retirement - the 10%. In your case it seems like the only benefit to applying would be a tax free check . Best of luck
  13. Richard1954

    SMC (k)

    I have a K rating for loss of use of a foot, ( considered to be part of my 60% rating for my back) but no separate rating at all
  14. Yes.. me too... no haven't called anyone.. I suspect it was just an internal review of some sort
  15. Paul it should be the date you filed the claim .. or the date you retired or left service which ever is most recent I have also seen the va state in one of my claims , " the day of your first treatment"
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