Dm Ii Neuropathy With Neurologic Complication

[Chu Lai69]

I am being treated at the VA for neuropathy of both feet and all toes. I went to a private Pod today because the VA in STL could not use their cutting tools yet because of being closed down for all medical procedures requiring any type of minor/major surgeries or anything that was done that they had to use a so called surgical tool i.e. clipping of toe nails and cutting off of calluses. Im sure you all have read or seen the stories on TV about this!! Anyway, I just could not wait any longer because of the pain in my feet was really getting intolerable so I went to a private POD. This was her diagnosis: My Neuropathy is caused by my DM. " DM II neuropathy with neurologic complications" Is this claimable as 2ndary to my DM?? Any help with this would be appreciated. Will be going back to VA POD soon as the all clear for surgeries etc have been activated again. Thanks in advance, as always.

Edited March 18, 2011 by Chu Lai69

[Berta]

"10% more would give me the 100+60.(house bound) So thanks again. "

Chu Lai -after much discussion Rakkwarrior here says it has to be a 60% independent SC for the "S" and cant be from adding up any less than 60%s.

But that is for that type of "S" award.

You might well be eligible for S award under Housebound regs.Did they ever consider you for HB and then deny HB?

If you have that older decision and can overcome their rationale for HB denial then they would grant you "S" award anyhow.

“Housebound benefits are warranted if, in addition to having a

single permanent disability rated 100 percent disabling under the

VA's Schedule for Rating Disabilities (not including ratings

based upon unemployability under 38 C.F.R. § 4.17), the veteran:

(1) has an additional disability or disabilities independently

ratable at 60 percent or more, separate and distinct from the

permanent disability rated as 100 percent disabling and involving

different anatomical segments or bodily systems, or, (2) is

"permanently housebound" by reason of a disability or

disabilities. This requirement is met when the veteran is

substantially confined to his or her dwelling and the immediate

premises or, if institutionalized, to the ward or clinical area,

and it is reasonably certain that the disability or disabilities

and resultant confinement will continue throughout his or her

lifetime. 38 C.F.R. § 3.351(d).”

from: http://www4.va.gov/vetapp10/files4/1037908.txt

Bradley V Peake changed this but was not the issue in this BVA case so they didnt mention Bradley here . The key word to this HB reg is “OR”

or, (2) is

"permanently housebound" by reason of a disability or

disabilities. This requirement is met when the veteran is

substantially confined to his or her dwelling and the immediate

premises or, if institutionalized, to the ward or clinical area,

and it is reasonably certain that the disability or disabilities

and resultant confinement will continue throughout his or her

lifetime. 38 C.F.R. § 3.351(d).”

HB “S” is paid at same rate as 100% or TDIU plus 60% SC “S” is.

Edited March 18, 2011 by Berta

[Chu Lai69]

"10% more would give me the 100+60.(house bound) So thanks again. "

Chu Lai -after much discussion Rakkwarrior here says it has to be a 60% independent SC for the "S" and cant be from adding up any less than 60%s.

But that is for that type of "S" award.

You might well be eligible for S award under Housebound regs.Did they ever consider you for HB and then deny HB?

If you have that older decision and can overcome their rationale for HB denial then they would grant you "S" award anyhow.

“Housebound benefits are warranted if, in addition to having a

single permanent disability rated 100 percent disabling under the

VA's Schedule for Rating Disabilities (not including ratings

based upon unemployability under 38 C.F.R. § 4.17), the veteran:

(1) has an additional disability or disabilities independently

ratable at 60 percent or more, separate and distinct from the

permanent disability rated as 100 percent disabling and involving

different anatomical segments or bodily systems, or, (2) is

"permanently housebound" by reason of a disability or

disabilities. This requirement is met when the veteran is

substantially confined to his or her dwelling and the immediate

premises or, if institutionalized, to the ward or clinical area,

and it is reasonably certain that the disability or disabilities

and resultant confinement will continue throughout his or her

lifetime. 38 C.F.R. § 3.351(d).”

from: http://www4.va.gov/vetapp10/files4/1037908.txt

Bradley V Peake changed this but was not the issue in this BVA case so they didnt mention Bradley here . The key word to this HB reg is “OR”

or, (2) is

"permanently housebound" by reason of a disability or

disabilities. This requirement is met when the veteran is

substantially confined to his or her dwelling and the immediate

premises or, if institutionalized, to the ward or clinical area,

and it is reasonably certain that the disability or disabilities

and resultant confinement will continue throughout his or her

lifetime. 38 C.F.R. § 3.351(d).”

HB “S” is paid at same rate as 100% or TDIU plus 60% SC “S” is.

No I have never filed for HB so I was never Denied either. I am 100% P&T Scheduler then 30% anxiety disorder 20% DMII and 10% Tinnitus. By VSO VFW who is top notch encouraging me to file for the Neuropathy because YES they do independently and the 30-20-10 = 50 then at least 10 for Neuropthy = 60% that is would make me eligible for the HB or any additional SC Compensation. What is SC S??

My VSO quoted to me that YES the do add the others to the all ready 100% without any type of VA formula. Now I am confused?? Is this worth perusing?

Edited March 18, 2011 by Chu Lai69

[Berta]

"Now I am confused??" I think many of us are on this and I sure am.

"Is this worth perusing" YES! "What is SC S??" Sorry Chu Lai I meant SMC "S"

"I am 100% P&T Scheduler then 30% anxiety disorder 20% DMII and 10% Tinnitus." They should have considered you for SMC at least for the HB award.

I have a foot condition- pronation-and you reminded me to call my podiatrist today for appt.It is giving me leg fatigue and is starting to limit my activities.I think I need a new pair of orthotics but my point is many types of foot conditions can get so severe that they would make someone housebound in my opinion and I hope you arent near that point on the feet but I think you should definitely apply for housebound consideration as well as the 100 plus 60 as your rep said to do.They only award one SMC S award but this way you cover all the bases.

[Chu Lai69]

"Now I am confused??" I think many of us are on this and I sure am.

"Is this worth perusing" YES! "What is SC S??" Sorry Chu Lai I meant SMC "S"

"I am 100% P&T Scheduler then 30% anxiety disorder 20% DMII and 10% Tinnitus." They should have considered you for SMC at least for the HB award.

I have a foot condition- pronation-and you reminded me to call my podiatrist today for appt.It is giving me leg fatigue and is starting to limit my activities.I think I need a new pair of orthotics but my point is many types of foot conditions can get so severe that they would make someone housebound in my opinion and I hope you arent near that point on the feet but I think you should definitely apply for housebound consideration as well as the 100 plus 60 as your rep said to do.They only award one SMC S award but this way you cover all the bases.

Thanks Berta, and don't forget to make that appointment!!! I WILL per-sue it!!

[Papa]

John,

Your post got me to thinking that my DMII may have contributed to my Staph infection on my knee. About 2 weekd after my knee operation, a bump the size of a softball appeared and burnt. The ER doctor lanced it and it popped right back up. Took over three weeks in the hospital to take care of this. Darn it hurt.

Papa

Chu Lai

Be very careful about any "cutting" on your feet. People with DMII heal slower than those without DMII. I had a minor procedure done on my foot and it resulted in a staff infection. 10 months later after having to go into hospital I am still in pain on my foot. Now I have to go to a plastic surgeron to try and reduce the scar on the bottom of my foot. I spent one month of daily infusions of anti-biotic to try and kill the infection. If your pod cuts you or nicks you could end up with a staff infection. Go to the best pod you can find and let them know you have PN. People with DMII and PN have a much larger chance of losing a foot or leg than others. If I was you I would also get my legs tested for circulation problems. I had this problem and did not even know until blockage showed up on CT scan.

[john999]

Papa

Those staff infections are hell. Many are resistent to anti-biotics. If you have DMII I would try and get a CT scan of your legs. You may have calcification of leg veins and arteries and this is a well known secondary condition of DMII. If you have the calcification in the legs you may have it in the brain and heart. What this is is hardening of the arteries. This kills people eventually.