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Need Advice Regarding Skull Injury
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Gena
Hello Fellow Vets,
I've read the posts for a while but this is my first post. I hope I'm putting this in the correct topic area. I need some advice about an issue that is bouncing back and forth between VA and myself. The issue is regarding a skull injury I received while on active duty. The injury resulted in 20 square centimeters of skull being removed from the crown of my head by Air Force surgeons at Wilford Hall in San Antonio. I've never quite understood why, but they didn't put any type of plate or protection back in that area and as a result I have a depressed area about the size of the palm of my hand on one side of the crown of my head (where I have unfortunately since balded). It has always been an embarrasement to me as I have a rather large depressed flat spot where my skull should be rounded. I retired in 2007 and made claim for the skull loss + disfiguration. I even sent in a separate SSOC specifically asking that they consider the disfigurement. There is a table in the rating schedules for skull loss and it's stricly by amount lost. In January of 2010, I finally received a rating decision from VA and they gave me the 50% rating that 20 sq cm of skull loss calls for. However, there wasn't any mention made of the disfigurement, in spite of the fact that the VA examiner made note of and measured the disfigured area in his report. So, I sent in a notice of disagreement asking why the disfigurement wasn't considered. I received a letter back from VA asking me "What am I claiming, a skin disfigurement? The letter was basically asking, "How are we supposed to rate this?" My initial reaction was "Why are they asking me?" ,"Isn't figuring this out their job?" I sent in another SSOC re-describing the disfigurement and stating that I don't know which rating schedule applies here. Now, I have received another letter back from VA telling me that they don't understand and asking if I am claiming a skin disfigurement. I'm stuck here and don't know how to respond. I feel like their question is a set-up. If I answer, yes, that I am claiming a skin disfigurement, then they'll deny stating that there is nothing wrong with the skin in that area. If I respond, no, they'll deny stating that that was the only way they knew how to rate the disfigurement. DAV supposedly "represents" me, but they have done less than nothing for me. I can't ever get through to my rep, he doesn't return calls and even if I do get to speak with him, he won't give any advice. In my experience, DAV has been nothing more than a glorified forwarding service for my letters. It was actually easier when I used to try to deal with VA directly. So, I need some advice how to respond to VA. And can somebody please tell me, isn't this their job to figure out? Sorry for the length and thanks in advance.
Edited by GenaLink to comment
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