Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Unrelated Stroke After Disability Rating/helpless

Rate this question


sammy104

Question

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

Link to comment
Share on other sites

  • Answers 38
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

At first I thought we did overlook some advise here on the A & A but then again-

it is often impossible here to really know every nuance to advise on-

this site keeps growing, so many questions daily----

so I am glad the info you needed was here anyhow.

VA recently (January)awarded my husband the HB award due to a stroke (I had thought they would award A & A instead) but since he had been dead for almost 17 years it was a victory. (result of a successful CUE claim)

I prepared my evidence geared toward A & A however .

I used the A & A regs here and in 38 CFR, gave a detailed lay statement as his caretaker, referred directly to his VA Day Treatment records, and other documentation VA had, his original SSA award (He had 2 SSDI awards) and I also had an IMO from a past awarded claim that also came into play again I think on the SMC S award.

Also he had been given (after I gave VA some heat) a new shrink and a battery of psychological tests that took most of 2 days at the VA in which the results assessment fully separated his 100% PTSD SC from his then NSC, and now 1151, and then in January direct SC Stroke due to AO, which VA recently granted 100% for as well as the SMC S.

So I experienced Stroke disabilities as to how VA rates them but.....does your husband expect to get TDIU or 100% SC? or does he get that now and has additional claims pending?????

It can be a long road to the SMC S award because the veteran first has to establish either TDIU or 100% SC first.

In my husband's case, as an example, VA had rated him at 80% NSC for the stroke in a 1998 decision I called a CUE on.

The Nehmer award letter rated him posthumously at 100% for 6 months then for residuals and awarded the SMC S (HB/A&A) for those 6 months of 100% then continued the residual rating up to his death.

If the VA does award your husband TDIU or 100% SC, then the VA itself should consider the SMC S award along with the TDIU or 100% SC decision.

Part of my CUE was that ,in my husband's case, they knew the 1998 award was for multiple malpracticed disabilities to include his stroke and failed to rate the stroke properly, failed to grant the stroke as SC under 1151,38 USC and worse of all they failed to even consider him for SMC, even though the medical evidence warranted that they use this mandated statute of SMC, as every medical statement in their 1998 decision legally warranted it.

It was clearly spelled out in the decision ( all this might help someone else out there) that even with an inaccurate 80% stroke rating ,on the rating sheet he already had established 100% P & T SC solely for his PTSD.

Thus SMC was granted under 1151, and subsequently under Nehmer AO ,direct SC for his major disabling stroke.

Unless this regards a wartime pension instead of Service connection?

Going back to one of your older posts:

"My husband has had a 20% disability rating for his left arm and hand for over 10 years"

You mentioned the stroke was NSC.

It is possible his medical issue with the SC he as now has caused or contributed to the NSC stroke and they would have to consider that.

However what I mean is if a circulatory problem in the SC extremity could have caused a clot that caused the stroke.

I am not a doctor but this is the only way I foresee getting the stroke service connected as secondary and it would take strong medical evidence from an IMO doctor.

Is that the basis of the claim???? To attempt to get the stroke SCed?

If he is seeking a wartime pension and if he is eligible for one, that might be higher than the SC rating he has now.

There are income limits regarding wartime pensions but medical costs can impact a pension claim favorably .

I am not explaining the pension well here- we have concise NSC Wartime pension info here under a search.

Maybe you are claiming a SC disability has aggravated a NSC disability? That too will take strong medical evidence.

Do you have a veteran's service rep helping you?

Edited by Berta
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use