diabetes Denied For Higher Level Of Aa

[Dolphin25]

Berta...

I am enclosing an email I have received from an VSR with the VARO Appeal Team in New Orleans who has helped me in the past with different issues I was having problems with and she always seems to be available to help...anyway enclosed is the email I wrote to her and then the response from her. I was just asking for a direction but she took my request as me filing a NOD further sending me an "Appeal Option Election" in which I can choose an appeal process with a DRO or Traditional Appeal Process. I have 60 days from the date of the email to request one or the other. Again I did not know she would take my letter as a request for an NOD but I will deal the hand I have. You have suggested some things I should request when I appeal but I wanted to wait until I see my primary physician on October 22, 2010 and have him make a recommendation for transfer to an inpatient care facility whatever that may be or ask him to state I am in the type of need that comes with residential care, but that would give me just a matter of days before I could collect the paperwork and mail it off for review. My question is should I wait for the appt with him, or file a request for an extension. Here is her response to my email.

Sent: Thursday, August 26, 2010 3:57 PM

To: Peralta, Ellen, VBANOL

Subject: Re: Assistance

Dear Ellen Peralta.. I have been denied my claim for an increase in my Aid and Attendance back in April 2010...I wanted the DAV to file a NOD for me but the Rep said he wouldn't do it because I don't have anything coming and I am getting all I am going to get. I don't have the ability to file an appeal on something as complicated as this. So I have contacted 4 different VA Attorney law firms and could not get anyone to accept my appeal. I have also contacted other VSO's to no avail also and now I am faced with doing this by myself b/c no one wants to accept my case. I have even written to the Paralyzed Veterans Group who could not accept it either. I am bed ridden, unable to walk and have no one to help me do anything..I have been thoroughly patient with everyone, kind and understanding but I need help and tired of writing to organizations and law offices who proclaim loudly how they help vets but are only selective in accepting cases and they seem to turn down those vets who already have a 100% rating b/c that is how they earn their money is taking 30% of a Vets case b/c most Vets have 2 or more years worth of backpay coming, IMHO. Do you know if the VA will pay for an attorney on my appeals, I have one that is over 2 years old and more recent ones this year...You have assisted me before but if you can't, believe me I do understand. Who can I contact as my case is moving on without any action by me or anyone else. Thank you...

**************************************************************************************************************************************************************

Dear Mr.

This replies to your inquiry/message/statement below which we have accepted as a Notice of Disagreement. I have attached a Word document (4-page letter) that explains the process, etc. and addresses your question concerning an attorney.

If you cannot 'open' the attachment, that is okay because we are mailing the hard copy letter to you as well.

Thank you,

Ellen Peralta, VSR, Appeals Team

[Berta]

Dolphin -I understand Tbird PMed you regarding the law firm whose attorney I briefly discussed you case with at SVR radio-----

have you gotten the PM?

[Dolphin25]

Yes Tbird sent me a pm stating he has spoken with them and asked me to call Doug in which I will this coming week..I received an email from their office on August 13th from Carrie Weletz stating that since I already had 100% SC disability that there was probably nothing they could do for me..so I took this as a no interest and left it alone...maybe I should have been more persistent but when a member of the firm doesn't show interest in what I had sent to them there is probably little if anything they would be willing to do as they are a business and need to make at least a 30% fee off of any award I may receive and since I already had 100% they don't see a return..understandable...but again thank you Berta for the heads up...you have been more than generous with your time..

Dolphin -I understand Tbird PMed you regarding the law firm whose attorney I briefly discussed you case with at SVR radio-----

have you gotten the PM?

[Teac]

I am not a expert in SMC's but I do have some knowkedge. Based on what you said here there is no way the va will ever grant Higher level of A&A...

In order to get to L 1/2 you need to be rated for 1- 100% disability and 1- seperate 50% rating.. or

Show service connected loss or loss of use of leg below the knee +loss or loss of use of leg above the knee

or Loss or loss of use of leg below the knee + Loss or loss of use of arm above the elbow

or Loss or loss of use of leg above the knee + loss or loss of use of hand

or Vision : 5/200 + Vision: light perception only ( blind)

You do not even have service connection for loss or loss of use of any limb and you are not service connected for your vision

What you must do is reopen you claim and explaine that your conditions are worse and that you feel you should be rated for loss of use,... but what you really need is a doctor to say this, and as long as you use a walker or cane I don't see loss of use.

Otherwise you will have to show that you live in a nursing home...

I won't even go into the higher SMC's because they are to complex, and because based on what you said you do not meet the requirements of the first level above L.

[Testvet]

TEAC not trying to jump Dolphins problem but you stated that to get L 1/2 a veteran needs one issue rated at 100% and then one other rated at 50% but it is my understanding that a vet needs one 100% and then at least 60% just to get SMC S or be declared housebound so I am confused about the special ratings I am 100% PTSD 60% CAD and 10% hypertension and I am SMC S

they also issued me a power chair due to not being able to walk more than 100 feet due to loss of breath and exertion it causes on my heart this was back in Sep 2003 I have to hire all work done around the house as I am not capable of doing it even the yard work my wife lets me carry in the bread when we get groceries and thats it

so should I be appealing my rate level?