Berta Help - Got My Rating

[Mark]

Hi Berta,

I got my rating today from the VA. RThey rated my loss of vision from migraines as 30%. They granted it and rated based upon the Dr's reports and the evaluations - all conducted by the VA, but tthe Dr said it was permanent in nature but they did not grant me P&T. I was 100% before. They said no change in my status. I was already 100% scheduler so I am just adding another 30% rating. The letter states that the arting is based upon "impairment of field of vision is based upon objective testing" Goldman visual feild testing revealed your response, fixation and reliability good. Field finding of your left eye were not within normal limits as you were unable to see the fixation target without a red light at the time necessary for fixation and your vision was mapped at a concentric of 3 degrees centrally.

They go on to say that they have assigned a 30% disability based upon based upon unilateral visual field concentric contractions to 5degrees or less. Higher evals are assigned for more severe levels of impairment.

OK. hereis my question. 1) If the Dr says it is permananet in nature and it has been going on for 4 or 5 years why not grant me P&T? 2) if I have 3 percent vision or on my best day 5 why throw in the line about higher evals are reserved for worse vision loss?

What should I do file a NOD or a CUE?

Mark

[Mark]

Jay,

If I ask for a review of this latest decision they can review A L L? I just want them to review the latest decision. The blindness based upon a service connected and rated 50% for migraines and now 30% for blindness in one eye because of those migraines for over 20 years and blindness in 1 eye for 5 years should be a P&T issue - according to me. Couple that with my other 10 issues and I and I am a 100% scheduler. Now a relatively young (44yrs old) buy I am losing my job and will not be working by years end so maybe it will be a mute issue by then. but maybe not.

R/

Mark

[Jay Johnson]

Jay,

If I ask for a review of this latest decision they can review A L L? I just want them to review the latest decision. The blindness based upon a service connected and rated 50% for migraines and now 30% for blindness in one eye because of those migraines for over 20 years and blindness in 1 eye for 5 years should be a P&T issue - according to me. Couple that with my other 10 issues and I and I am a 100% scheduler. Now a relatively young (44yrs old) buy I am losing my job and will not be working by years end so maybe it will be a mute issue by then. but maybe not.

R/

Mark

Hmm, what, exactly, is your disability breakdown (IE - XX = 20%, XY = 30%, YY = 20%, etc)? If you have several disabilities that combine to 100% it's probably going to be tough for them to pick at any one of them if you NOD, but if you have one condition at 100%, they "could" go after it (though they are "supposed" to have new, material evidence to reopen a claim). Like many here, I hate to discourage people from NODing and getting what they deserve, but I think a common sense approach to it is ok (IE - how safe is the 100% and what do you gain by NODing and weighing the two). Also, depending on your disability breakdown you "could" qualify for housebound based on the 100% + 60% rule.

[Mark]

Jay,

I am rated as follows with an additional 30% for blindness in one eye now as of yesterday:

I am 100% for the following issues:

50% for sleep Apnea

50 migraines

50 major depression

30 shoulder

10 traumatic arthritis

10 traumatic arthrits

10 condition of the skeletal system

10 tinnitus

10 sinnusitus

10 upper respistory condition (asbestos)

10 skin condition

10 knee

10 knee

0 hypertension ( on medication from the VA))

0 acid reflux ( medication from the VA) diagnosised with a hialated hernia

0 scar

PTSD deferred

So is it worth going in and asking for P&T in your opinion?

Mark

[Berta]

"I am losing my job and will not be working by years end so maybe it will be a mute issue by then. but maybe not."

No- this would be significant to your claim- if you cannot work due to SC disability-

Mark- in the last decision they sent you- how did they consider you for SMC- is there anything there about considering you but denying you for Special Monthly Compensation?

I will print off your post -and get back to you on line here-

The PTSD issue is deferred- I see-

meaning that has not been decided yet- so that is in progress----

lots here to think about- I will certainly look over this real good-

Does the sleep apnea cause you to be drowsy at work and unable to concentrate?

And the meds- do they know the affect of your meds on you yet? the side affects?

Berta

[Berta]

PS -the knees -10% each- is this a bilateral rating?

and the depression-

Is the PTSD claim separate from this- and is the depression due to PTSD?

Which is quite logical-

You conditions here can be all potentially higher ratings - If you weren't working presently I would say send them the TDIU form-in a heartbeat-

Maybe you should send it anyhow-

I am anxious to see what Jay and dancamnt and Walter add to this -about the TDIU form-

another question -the arthritis- 2 10% bilateral- and then 30% shoulder-

does the arthrtis affect your knees or your sholder- or both!

[Berta]

OK- I brought up some points in last post and looked this all over-

I would NOD any of the ratings that you feel are wrong in the decision.

I would request a proper SMC award and also P & T.

Blindness- one eye- per VBM, 2005 Edition, page 333---

30% rating under DC 6070 with additional entitlement to SMC ., 38 USC 1114 K

Is your other eye affected at all?

The scar- any relationship there to any receipt of the Purple Heart?

What DC code did they use for the skeletal condition?

Do you have "loss of use of" any arm?

The P & T question-

obviously the eye condition is P & T

The other SCs-to get to that level - and it is quite possible-

would take in my opinion- a good IMO from a real doctor-

like Dr. Bash.

Did you get enough retro to consider an IMO?

It would be an investment in your future and your children's education and CHAMPVA for the wife if it supports SC P & T.

The asbestos- WOW- they dont like to pay anything for asbestos-

I think that is because- over time- the condition can certainly escalate into a much higher rating-

There are ways to build into higher ratings here-

I see the best focus to have as

1. the PTSD claim- now defered -is this secondary to the SC depression?Do they have all the evidence you have on that?

2. The SMC issue above

3. to NOD any of those ratings which seem wrong-

4. Make sure they know of any side affects of your meds that affect your ability to work.

5. The P & T Issue

Also I feel that you would probably succeed -if you become unemployed -with SSA award-

I say probably- there is a lot here-and the VA gave you 100% already-

SSA looks at these disability profiles much differently than the VA.

That 100% would be excellent evidence for SSA.

Still- that leaves the P & T issue.

Actually that is the most important thing I see here-

as well as filing the NOD-

Mark have you ever had a student loan or car loan with insurance on it- or anything like that which was written off due to P & T by any doctor at all?

My husband had small college Student Loan due to Voc Rehab VA-

A VA doctor signed a statement for the Student Loan people that he was P & T- the loan was written off.

It had added to his PTSD stress and he could not return to school or work due to stroke.

This VA statement -the VA itself refused to consider for about 5-6 more years. When the P & T was decided they never even used it but could have years sooner.

I didnt push on it but should have-

If any entity at all has said you are P & T -due to medical evidence regarding your SC disabilities -then you are P & T.

Mark -they might have attached the SMC regs?

It is 38 USC 1114

I suggest you read it all very carefully-

You might be in a higher SMC level then even the K award.

Rich, Allan, Flip, John, and many many others here have expertise that can also provide help to you-on the SMC and P & T issues.

And the eventual TDIU- Flip understands the schedular 100% regs far better than I do.

Edited March 30, 2006 by Berta