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]

Berta,

Thanks! Looks like I need to be blind in two eyes not just one. I use a cane and knees barces on both knees but I will not qualify. I was thinking about selling this house and getting into a plcae that was all on one level verses multi-level. Having stairs and a basement is just two hard. I have a shoulder issue that also makes using most of the kitchen cabinets an issue so in my next house I will looking for a house with lower ones for sure.

Mark

[john999]

Mark

It seems obvious that the VA wants to do less and less for disabled vets contrary to all the hype and propaganda. I just feel like soaking them for all they are worth while I can since I know services are being cut. It pisses me off. They basically ignore my conditions unless I write letters to the doctors saying I really wigging out on my meds or something they cannot ignore. I have had a sleep disorder for years but never had a sleep study. They just hand me some pills and tell me to get lost. I get most of my real medical care through my own medical insurance and medicare, but why should I have to do this?

[Mark]

john,

The key id to seek the treatment and care you have earned and need. Keep going and presenting your case in a logical and unemotional manner. Easier said than done I know, but that is the best starategy to receive your earned entitlements. Notice I said entitlements. It is more than just compensation, it really is about the medical treatment and the long term care the veterans recieve over time, not just a check. For most of us the money is a small amount and it is not enough to live on. The medical care, treatment, prescriptions, and other associated long term care whther it be physical therapy or counseling or prostetics is what makes the differences for most. I know you are pissed but stayed focused on the end state of you getting better or treated and things will get better. Don't get side tracked on the short term or near term issues. We all get angry or frustrated at some point but we just need to focus on what is in our best long term interest for our health. That is what you should be looking for really. I know in my situation I could have just given up and accepted it but I did my research and presented my facts and in a logical understandable manner so as to be clearly articulated to the VA that I needed this and rated these serviced connected ratings. So over time I have prevailed. It has taken more time than I would have liked but that is just the cost of doing business today. Hang in there and do the right thing for your long term health.

Mark

[Berta]

Mark- dont know if I mentioned- there is a link here at hadit to this reg:

38 USC 1114

Special Monthly Compensation-

If you have loss of use of--regarding the arm-shoulder-

along with the blindness- I believe you might well be eligible for SMC.

A veteran has to study these regs carefully to see how they can be applied to their own disability picture-

I suggest too men and women- that if one claims SMC, it sure doesn't hurt one bit to tell them what level you believe you are entitled to and why- refer them to the med evidence at this point of your claim-and attach copies of it too.

Some here might remember Laurie and her dad.

She went over SMC regs carefully and told them what criteria he should be in.

His retro check on the SMC alone was enormous.

My SMC claim for Rod is a CUE but still-

I showed them the medical evidence, and attached the regs in 38 CFR that they broke and also sent an OGC Pres op that they ignored on SMC.

SMC S award is an obvious VA no brainer -in my case-but I told them dont even bother to award that-

I asked for SMC R-1 and supported that with medical evidence.

I learned over past 2 years-If we do some of their job for them -it saves them time and it gets done right.

[Mark]

Berta,

Do you have any specifics on the arm/shoulder loss of use? I am currently rated at 30% on that and amd sure that could easily be higher but I have declined physical therapy and treatment at the VA hospitol because I have missed so much work. I am now in a position to seek and receive that treatment. I have been receiving shots in my neck and shoulder for the pain. I have also lost a lot of the use in that arm and shoulder. What use I do have has been seriously degraded due to numbness and tingling. Any help in this area would be greatly appreciated. I was also given a small electroc-bio medical device that has pads that sends electric signals through the muscles through a device called a biomedical system called ISO 9001. It helps but leaves me exhausted. The actual name is a Bio-Med 2000. The VA issued it to me.

Mark