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Old Claim


dansdad

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I was looking at old paperwork(VA)tonight, in 1994 they gave me a c&p where they were evaluating my residuals from a 1988 stroke they mentioned some memory loss.In 1996 I had a hearing for another claim the hearing finally got to the residuals of the stroke(1988)the hearing official agreed that another issue of the stroke, is the memory loss.to quote him"ill look into it and see that it is covered" well obviously my memory is bad since i never remembered! What can i do now? Im an old texan who lives by my word and i think the VA should also,so i want to correct this.

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  • HadIt.com Elder

"Im an old texan who lives by my word and i think the VA should also,so i want to correct this."

Well, see, therein lies your problem.

The folks working for the VA are, for the most part, damn Yankees. ;)

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Therein lies the problem! We have too many "old timers" who are used to giving and living by thier word and expect the government to live by theirs. WRONG! Following WWII the veterans were given lifetime dental care. Yes they were. But Congress in the 1950's (haven't got the exact date) passed a law that terminated those rights and revoked the VA Decision. If that does not tell you what "your country can do for you" then nothing will. Thier word is only as good as the paper it is written on and only for awhile. Expect nothing............you will get it. Veterans need to understand that unity is the one and magnificant power we have. Let's use it.

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this old texan just needs some help in fixing this issue! got some ideas? thanks in advance.

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The full gamut of stroke resodual ratings are found within 38 CFR -Schedule of Ratings- under Part 4.12 .

Vascular strokes under DC 8007-8009 are rated as 100% for 6 months then rated as to residuals.

Memory loss is one residual of a stroke but I cannot find any DC or rating criteria for that.

Sometimes the VA will lump it into the overall rating.

This vet was awarded service connection from memory loss due to brain trauma:

http://www.va.gov/vetapp05/files1/0500501.txt

The decision gives no idea how this would be rated-

What is interesting about this decision is that this Perisna Gulf vet (as well as my husband) had MRIs that showed brain trauma in the area of memory storage in the brain.

Without this clinical evidence I think the BVA could have denied the memory loss claim- as too subjective with no medical evidence.

Memory loss is caused-due to stroke- to specific areas of brain damage.

My husband received the wrong diagnostic codes for his CVA and residuals- presently under a CUE claim for correction. However it all added up to 100% and more-

If I were you-dont know your rating or the type of stroke you had- you should check out the DC codes good.

Major cerebral vascular accidents warrant 100% for 6 months and then the residual ratings are determined.

Those are CVAs from thrombotic,embolic or hemmoragic strokes and any resulting paraysis is rated under other DCs in the rating schedule 4.12.

Subjective complaints- such as headache, dizziness,insomnia and tinnitus and even 'irritability' due to stroke from cerebral artherosclerosis (my husband's CVA) will be rated at usually 10% and no more under DC 9305.

If a vet has this type of stroke and brain trauma (under 8046 DC) this is the only way the above subjective complaints will be also rated.

I would think a vet who has had this type of stroke could claim memory loss as a subjective residual-either with the MRI findings or the fact their stroke was due to atherorosclerosis of the brain.

All of these ratings are found in the 4.12 part of the Schedule for Ratings.

Edited by Berta
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