maine1963

Thank you Berta. G

Going to try and clear up the confusion... PRIOR to filing and being granted an 1151: I was 90% combined SC paid at the 100% du to TDIU. I was also PREVIOUSLY awarded SMC K (Loss of use of foot) THEN, in April was awarded 1551 30% for Painful Scars, 1151 30% for Tinea Cruris and 0% for scars of the bilateral lower extremities (* 0% due to the scars were not of the head, face or neck and basically not 6"sq **And I was bumped up to 100% combined disability and removed my tdiu status due to my now being at 100% (I presume that is why they removed it) Sorry that I confused everyone. The recent 1151 did NOT include any one particular disability at 60%, but rather two seperate at 30%. My scarring is due to Topical Steroid cream use over a long period of time. But the VA used the "closest" 1151 DC. to quote the CFR for skin disabilities (Tinea Cruris): "Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802, 7803, 7804, or 7805), or dermatitis (DC 7806), depending upon the predominant disability." I need to review all of the ratings for DC 7800 to 7806 in order to figure out if the scheduler should have used a different DC and possibly one of them have a 60% rating that applies to my case. If there is a possibility of a SMC S rating - that would perhaps be far above and beyond any award that may come about from a Tort Claim.

Berta, Thank you!! Ok, now I have to get smarter... I no NOTHING about SMC S. If you are talking about an offset due to an increase due to the 1151 being granted for 60% additional disability - I was already 100% P&T. No increase in disability pay resulted. I will research SMC S to understand. There was NO mention of SMS S in my 1151 claim. Thank you for your vote of confidence. The one law firm I approached about handling my Tort claim told me that I would be wasting my money in hiring them - that my case was something that I could most definitely handle on my own but would be in hot standby if it went to suit due to denial or if I didn't agree with the settlement offer. **Need to clarify** I was (prior to 1151 Granted) at 90%SC P&T with TDIU. I also receive SMC-K (Loss of use of foot)... AFTER the 1151 was granted for an additional 60% the VA bumped me to 100% and dropped my TDIU. Perhaps that is why there was no mention of Special Monthly Compensation -S? I did NOT file for SMC, should I? Again, I am a research freak, LOL! I will look into this deeper. Thanks! G

Thank you Berta. I completely understand. My 1151 was granted, mainly because of the VA Comp and Pen Doctors review and the black and white evidence. Here is the review by the VA Comp/Pen doc. LOCAL TITLE: C&P EXAMINATION NOTE STANDARD TITLE: C & P EXAMINATION NOTE Medical Opinion Disability Benefits Questionnaire ACE and Evidence Review EXAMINER'S MEDICAL OPINION: It is at least as likely as not that the claimed disability of skin and scar condition (groin) was caused by or became worse as a result of the VA treatment at issue, and that such disability resulted from the attending VA personnel's failure to follow the appropriate standard of care. The disability resulted from an event that could have reasonably been foreseen by a reasonable healthcare provider. The issue of higher potency topical steroids potentially causing skin atrophy and associated conditions has been well publicized and addressed in the medical literature for many years, both in scientific journals and review articles that would likely be seen by primary care providers. This has also been addressed for years in medical school and continuing education courses geared toward primary care physicians. In my own experience as a primary care internist for 25+ years prior to joining the VA Comp and Pen Department I saw many such articles warning against long term use of higher dose steroids in sensitive thinner skin areas such as the groin and face. Such warning I therefore believe is one of which any reasonable, prudent primary care health care provider should be aware. Although I believe the veteran's treatment of his groin rash was appropriate in all other respects, I believe that by not specifically warning the veteran to not use the betamethasone/clotrimazole cream on an ongoing basis, Dr. X deviated from the standard of care expected of a reasonable, prudent primary care physician. This in turn led to the veteran's inner thigh striae and groin skin atrophy.

Berta, do I only submit pertinent VA medical files? Or is there the need for all 6,200 pages (entire VAMC file). And if they may need the ENTIRE record, can I give it to them on a CD? You are such a wealth of knowledge when it comes to these claims - from all of us facing 1151, tort or other claims I thank you !!

I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! Treated at Togus VAMC. Live in Maine... Thanks, G

I do my best to help fellow Veterans. A veteran's wife contacted me and stated "My husband went to have his Lymphedema treatment today and was given a letter that all "VA Outpatient physical therapy at civilian sources have been terminated by the VA nationwide for the rest of the year. He needs this treatment 3 times a week to remove the waste from his system. Without it, his legs swell significantly and he could die from the waste circulating in his body". The veteran is 100% rated, receives in home care, travels 3 times a week to an "outside Physical Therapist" because it is too difficult to travel to Tampa Florida VAMC. Up until now the VA has approved this. Now they would like him to make the trip to Tampa Florida VAMC *33 miles away, just short of the 40 mile ruling for VA Choice Card utilization. Any suggestions? Are there waivers to the 40 mile ruling? Thanks all for any and all input. *I did search for any related issues, but to no avail. Greg

Thank you for your reply(s)! I am mythed as to why the VA would not approve claims for service while stationed at Gagetown. It is well documented and like you said, the Canadian VA gave their Vets $24,000 (one time measly payment) for exposure. There is also documentation of Agent Purple and Agent White. I will put together a fully developed claim for this Veteran and update here as it progress's.

I am trying to help a fellow Veteran (Us Army) with a disability claim arising from his duty while stationed at Gagetown Canada. Does anyone have any experience(s) with disabilities arising from exposure to Agent Orange?? I searched this site / forum but found no content. Thanks all.

I have a friend (Female) that has just been approved a 20% rating for MST/PTSD (Due to an assault while in the military). They paid her retroactive back to the date of actual claim. I thought that she should have been paid back to the date of the assault. She is so traumatized by the assault that she is almost REFUSING to go back to her representives (DAV) and ask for an appeal for an increase in rating. She just doesn't want to continue to re-live that day in particular! Any help would be greatly appreciated. Greg

I realized yesterday that my appointment is July 6th, thought it was yesterday! Not till next Monday, but after all this time - that is fine! I just looked at the Zero Gravity Chairs and they look like they would be great for inside and outside. Thanks for that USNDW! Will keep you all posted as to the progress (or lack thereof)!

I just received notice that my items have preliminary approval and have meeting with my counselor on Monday... perhaps they read these boards?? lol Will keep you posted/ Greg

OK, An apology needed on my part! I just went through some of the older Posts on the ILP... I am educated now, to a degree, as to the likely hood that this whole process can take quite some time! My counselor has stated to me that there is a series (chain of command) of steps that my claim(s) have to make along the way to being approved. I asked how many... he said, "Not really sure, but quite a few levels of management"! Perhaps I need a Congressional Inquiry, I know it can't hurt... Wish I could just take faith in the system! ha ha ha

Going on for quite some time now, I am still awaiting a decision on the items that my counselor and I agreed I should have. I am 100% PT and could really use these things for a better way of daily living. Is is normal to take 8 months plus?