Unrelated Stroke After Disability Rating/helpless

[sammy104]

My husband has had a 20% disability rating for his left arm and hand for over 10 years. Last year he had a huge stroke and almost died. He is age 72 and has been retired for many years. The stroke was at home, not service related. I care for him at home. He cannot speak, his whole right side of body is paralysed. After his stroke tho, his left arm/hand has gotten so bad, he can hardly even lift a spoon to eat meals. He cannot survive without help, period. He is totally helpless. Next week, , we go in for his first rating of his left arm/hand, AFTER his stroke suffered in april 2009. This is NOT the side that was paralysed, by the stroke. How tho, do they calculate a rating now, that he is totally helpless, cannot walk speak etc...but this stroke was not service realted? Stressed here to say the least. Thanks for your help

[Berta]

My earlier suggestion as to the stroke aggravating his SC arm injury is incorrect.It wont fit into the regulations.

The claim on that basis would have to show that his SC disability aggravated the NSC disability.Which is possible.It is one point that could be raised in applying for a higher SC rating. He cannot fed himself or do other things with the SC arm because it is aggravating his NSC condition.

There is good discussion on 'aggravation' here:

Please read the CRDP and CRSC info here available under a search because his SC would have to get to- at least 50% I believe- before there would be any monetary gain regarding his SC compensation.

http://www.military.com/benefits/military-pay/retired-pay/comparing-crsc-crdp

I posted some more info in the FTCA forum as to Section 1151 claims.

If he had both VA and non VA health care under Tricare, the Section 1151 claim would only apply to any VA medical errors in treating his Atrial fibrillation.

[Berta]

My earlier suggestion as to the stroke aggravating his SC arm injury is incorrect.It wont fit into the regulations.

The claim on that basis would have to show that his SC disability aggravated the NSC disability.Which is possible.It is one point that could be raised in applying for a higher SC rating. He cannot fed himself or do other things with the SC arm because it is aggravating his NSC condition.(which will not allow him to use the right hand and arm)

There is good discussion on 'aggravation' here:

Please read the CRDP and CRSC info here available under a search because his SC would have to get to- at least 50% I believe- before there would be any monetary gain regarding his SC compensation.

The CRSC CRDP criteria is here:

http://www.military.com/benefits/military-pay/retired-pay/comparing-crsc-crdp

I posted some more info in the FTCA forum as to Section 1151 claims.

If he had both VA and non VA health care under Tricare, the Section 1151 claim would only apply to any VA medical errors in treating his Atrial fibrillation that could have been possibly mitigated by non VA doctors at some point.

[sammy104]

Berta, GREAT INFO! I will research in spare time! I do have a question. I seen last night that he has huge buldge in what could possibly be strained shoulder muscle between nexk and shoulder. If VA dr says he has bad muscle and needs therapy, is rating still assigned at that time of visit? Or ratings are assigned later...to see if therapy worked? Again, this is all new to me this VA system Thank you again :) What a blessing have you been Berta and everybody...I had been so alone before hadit.com :)

[Berta]

VA doctors have nothing to do with ratings,

The VA raters ,when they receive a claim, rate on the medical evidence.

[sammy104]

I spoke with VA by fone to find out it can take as long as 6-8 months before we get in for Va doctor visit regarding his SC disability...apparently there is huge wait due to so many claims being submitted....

In the meantime...if we go to our local doctor and he sees hubby needs physical therapy on his arm asap..can we just start pt. thru our local MD? I am not a military person/ so in my mind i don't see how this MAY or may NOT mess up a VA dr vist months later...pleade advise :) thank you :)

[sammy104]

So... just to be clear..to see if I understand correctly...hubby will go to VA SC doctor visit....then, after that first visit...to reopen SC claim...that doctor will submitt his findings to a rating person, who will make a rating, Eventually, pay changes go into efect. If I am not happy with the new rating, I keep going back and keep challenging them until we are happy with rating, correct?