diabetes Vision Loss Due To Diabetes

[trailblazer]

I filed a claim for vision loss due to complications of DMII and high BP. This is part of what the evaluation says,quote A 70% evaluation is awarded for field concentric contraction in both eyes, end of quote. I was under the impression that a rating for vision loss was not to be combined with any other rating but stood on its own. I am almost sure I read that somewhere in 38cfr part 4 but I can't find it. I am going to need it if in fact exist to file an appeal. They combined the 70% with the 40% I already had and turned it into 80%(VA math sucks) Someone tell me if I am right or wrong in my thinking. I don't want tie up the va with an anppeal I can't win. To many other vets out there need help. Any help will be appreciated. thanks

[Ricky]

Your 70 percent rating is standing on its on. The statement that it stands on its on means that they must provide a seperate and distinct rating for it and cannot say it is part of the DMII rating. In such an example lets say the max for the loss of sight is 50 percent (example only). They cannot simply give you a new 50 percent rating and take away the 40 you already have for DMII. Hope this makes sense.

Now as to what they have done - it is correct. All seperate ratings are combined to obtain your overall rating - it is the law. They took your 40 percent rating and added your 70 percent rating. 40 + 70 = 82 (in va math 40 +(70x60=42)= 82 percent which gives you an over all 80 percent rating. If they had not given you a stand alone rating for the eyesight then your rating would have been 70 percent.

[trailblazer]

Thanks clown man, that was the answer I was looking for. That makes me elgiable to apply for tdiu. I will be filing for that in the coming weeks. All I need is a statement from my former supervision and a statement from my personel Dr. and they said they would do that. Thanks again and I'll keep you posted on how this works out. I think the world for you people on hadit you are all so willing to help another vet.

[Berta]

I appreciate your thoughts about other vets but believe me-you deserve whatever comp you can get!

Why didn't the VA award you TDIU?

Vision loss can be basis for SMC award when the initial SC is 100%

"70% evaluation is awarded for field concentric contraction in both eyes, end of quote."

Did they give legal citation or any other statement regarding that?

DMII can cause atherosclerotic heart disease, brain atrophy, oral candidiasis, hyperlipedemia, and countless other conditions such as PN, caratacts, skin and foot problems.Most are ratable.

Can you tell us here the exact medical terms in the vision problem diagnosis if it is more detailed than field concentric contraction?

Is this in both of your eyes?

How did they break down the ratings you have? or is Clown Man right on that -which I think he is-

[Eric_M]

I was able to find in the rating guide for vision loss ratings on a chart that had visual acuity info. The chart had your vision listed on the left and top.

Trace each eye rating to the middle of the chart and it showed the appropirate rating. So I was 20/200 in one eye and 20/20 in the other, matched them up = disablity rating. Also included info if rating is elegible for smc.

I will see if I can find it. I am cruising towards a 70% rating on vision loss, so it's hard to find things, sometimes.

I'll post the link. Also FYI, 40% DMI, combined with 30% vision loss and 10% depressive disorder = 60% Math sounds right.

[john999]

How do medical people determine that cataracts are caused by DMII and not by other causes. I have DMII and have developed catarats. I am only 59 and that seems kind of young for cataracts.

[sharon]

100 x 70% = 70 100-70 =30

30 x 40% = 12 30-12 =18

The body is counted as a 100 % whole. Every time a new rating is giving the take the largest number and and start and subtract it from 100%. The next largest rating is multiplied by the number that you had left.

Edited April 9, 2009 by sharon