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

[trailblazer]

Thanks Berta and Clown Man for your help. Berta I will try to answer some of your questions. They didn't award me TDIU because I didn't ask for it the first time. I do have caratacts in both eyes and the caratac in the right eye can be removed but the left one cannot due to poor visual and healing prognosis. There is a hole in the macula in the left eye and nothing can be done about it. I can't see anything out of the top half of my left eye and mostly day and night out of the bottom half of my left eye and some images, but I can't make out waht they are. My peripherial vision is gone from my left eye. My right eye has 20/20 vision with corrective contact lens. I can't drive in heavey traffic because I can't judge distance because of lack of depth perception in left eye and loss of peripherial vision in left eye. I have become total dependent on my wife or kids for transportation to the Doctor and other places which creates a problem for them. I do drive about 2 miles a day to post office when traffic is light but that's all. I can't do any night driving.Here is what they decided:Service connection for bilateral diabetic retinopathy, hemiretinal vein occlusion left eye and bilateral cataracts associated with type II diabetes mellitus with kidney disease is granted with an evaluation of 0 percent effective October 12, 2006, an evaluation of 10 percent effective February 26, 2007 and an evaluation of 70 percent is assigned from September 29, 2007.Entitlement to automobile and adaptive equipment is established.An examination will be scheduled at a future date to evaluate the severity of your service connected Bilateral diabetic retinopathy, hemiretinal vein occlusion left eye and bilateral cataracts associated with type II diabetes mellitus with kidney disease.The also told me I could apply for TDIU. What do you think? Do I have a chance?

[trailblazer]

I have been told they have distinctive features from a normal cataract.

[Berta]

The VA should have considered you for TDIU when you reached 70%. I think they committed clear and unmistakable error.

However I suggest you apply for TDIU ASAP!!!!!

The form is here at hadit-21-8940-

You could push for the Sept 2007 as EED on the TDIU-maybe even ask them to Cue themselves on that- but the main thing I feel you should do is apply for TDIU-

YESTERDAY!

If you get SSA for disability check Yes to Box # 10-if you dont get it- apply for SSA disability-

which ever award comes first can be used as evidence for the other claim.

I think the VA buggered this up- by not raising the TDIU issue themselves.

Under # 25 refer them to separate page with your name, address C file Number and tell them everything they need to know as to why your SCs prevent you from working.

List side affects of any SC meds too.

[trailblazer]

Thanks Berta. I don't qualify for disability social security becuase I retired from the civil service 3 years ago, however I am elgiable regular social security which I will get this november but it will be reduced due to my civil service. I have an EMG scheduled for April 30 and I want to get the results of that and maybe that will get me to 100% and TDIU at the same time. Thanks a bunch Berta and all the people on hadit for of your help. I hope everyone on hadit has a very happy Easter.

[john999]

If you are not working due to SC condition and the VA knew this they should have considered you for TDIU. When the VA discovers that a vet can't work due to a SC condition that should trigger a TDIU claim. I agree that the VA made a CUE if they knew you were not working and were 70%. Even if you were less than 70% if your SC condition kept you from working that should trigger a TDIU claim. This according to the VBM. The VBM says this may be a CUE. When did the VA know you could no longer work? That should be the date of your TDIU. It is an inferred claim for TDIU.

[trailblazer]

John999 I did tell VA in 2007 that I had retired in 2006 due to not being able to the job. This info was mentioned in a c&p exam so the va knew or should have known that I couldn't work due to a service connected condition. I have a copy of the c&p as evidence. Do you think that will work? Let me know one way or the other. Thanks.