Eye Disease Claim

[Beachy]

Hello All, I am new to this group and have found tons of useful information here.

I was denied service connection for an eye disease (retinitis pigmentosa) about 2 years ago. The denial stated that my disease is genetic and was not caused by my military service,. I felt frustrated, and let the appeal lapse. I have since met other vets with RP who have been awarded SC. So, I am going to try again.

I called my local rep, and he said he could re-open my case... I wasn't aware this could be done after the appeal period. I was planning to file myself this time, and starting a whole new case. I'm aware I would be giving up nearly two years of retro if I win. But, I feel I answered some questions poorly at my C&P, and would prefer a fresh start.

BTW, my eye disease causes tunnel vision and poor night vision. I have a copy of my C-file and have gone though my visual tests. I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?

So my question is; Should I start a new claim or re-open if possible?

Thanks in advance,

Mike

[carlie]

Beachy,

Welcome to Hadit.com .

If it were my claim/issue I would submit new and material evidence with my request

to re-open, on a 21-4138 form or by way of VONAPP.

There was a huge CUE case that set precedence regarding a RP disability.

Perhaps someone will locate a link and post it.

Others will chime in.

[Berta]

Rockhound posted it here- if this is the one you mean Carlie:

ORDER

As there was CUE in the April 1949 Board decision which

denied restoration of service connection for retinitis

pigmentosa, the motion for reversal of that decision is

granted.

http://www.va.gov/vetapp03/files/0300857.txt

[Berta]

Did you mean Meeks V West?

http://vlex.com/vid/meeks-claimant-togo-veterans-affairs-38264594

[carlie]

Berta,

Yes - I was referring to the Meeks CUE decision - I believe there are

actually 2 BVA links and also the Meeks - I think the 2nd BVA decision went to

the court level and set precedence for something in his CUE.

Sometimes I get confused - but I think it's like I posted above.

[Beachy]

Wow, thanks for such great info ladies!

So, essentially I would use a form 21-438 (already downloaded), and make a statement of no symptoms prior to service?

The only evidence I found in my c-file is a visit to the on-base eye clinic, I recall that visit, I was complaining about light sensitivity going into and out of the hangar with my glasses. He prescribed contacts and told me to go get a good pair of sunglasses. Other than that I have no other evidence except the fact I was never given visual field tests to determine whether or not I had RP during my TIS or to argue that it worsened at a higher rate during my TIS.

Do you think that will be enough?

[Berta]

I think you need to carefully go over your SMRs and see what else might be in there.

You are describing inservice photosensitivity which may or may not be due to retinitis pigmentosa.

"I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?"

The better question is how do you prove you DID have this disease inservice.

You will need medical evidence from your SMRs. Did you ever have to be relieved from night duty? Did you have any inservice event or accident - no matter how minor- that could be attributed to a peripheral vision problem by any evidence in your SMrs or 201 file?

How long after your service discharge were you diagnosed with this condition?

You will need to re open with some new and material evidence that is not redunant nor cummulative- something, in other words, they haven't seen before or considered in the last decision.

If you can find a good internet printout saying photosensitivily is a symptom of your condition and then refer them to the actual medical record for this :

"visit to the on-base eye clinic",that should be enough in my opinion to warrant a re-open.

[Beachy]

"I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?"

The better question is how do you prove you DID have this disease inservice.

You will need medical evidence from your SMRs. Did you ever have to be relieved from night duty? Did you have any inservice event or accident - no matter how minor- that could be attributed to a peripheral vision problem by any evidence in your SMrs or 201 file?

How long after your service discharge were you diagnosed with this condition?

You will need to re open with some new and material evidence that is not redunant nor cummulative- something, in other words, they haven't seen before or considered in the last decision.

Thanks Berta, that makes a lot of sense.

I was relieved of night duty by my supervisor, he saw how uncomfortable I was working the flight line at night and after two nights he put me back on day shift. I am trying diligently to find him and hopefully, he could write a letter describing that event which was roughly the same time period when I went to the eye doc complaining about light sensitivity.

I wasn't officially diagnosed with RP until 2003, 10 years after my discharge. I have very little in my SMrs, especially pertaining to eye sight. It looks like I'll be getting my ducks in a row for some time before I get my claim in.

I have a 20% rating for my left shoulder injury which was well documented. It has worsened and my right shoulder has recently had issues as well. I think I will focus on an increase and secondary of my right shoulder while I get my RP documents together. Would you say the 21-526b is sufficient or should I use the EZ? I also have stab wounds which I never claimed, it happened off duty and I'm not sure if it qualifies., but it was an Air Force hospital that stitched me up.

Thanks in advance, all of you are awesome. I hope one day I'll have knowledge to assist other newbies.

[Capt.]

Hello Beachy,,,, You got the Girls on your side and they have really supplied you with some much needed ammo. Whatever you do , try and protect that Earliest Effective Date. So your going to have to supply the new and material evidence to get it back open. If you can get your past supervisor to help you with Buddy Statement then that would certainly be of huge importance. I tried to get my Drill Sargent to help me with a problem but he was so sick and passed away only a couple of months after I talked to him, so try and not let it go too long if you can.

If you can get that ever important IMO from your doctor or specialist that says it is as least as likely as not that your RN was present in the service or was aggravated in the service then the RO's denial gets real shakey. The RO taking the easy way out by saying your RN was genetic is typical denial stuff. They especially like to use it when they can, like in back claims with L5 and such. They are counting on you to get frustrated with the denial giving up on the claim all together. Most Vets do just that. You can carefully go over your records and use them to support the positive things of your claim. Remember that the benefit of a doubt rule 38 CFR 3.102 , Gilbert V Derwinski, will help you as long as your evidence supports your claim. Don't be afraid to use it and that make sure they know you can supply that evidence to tilt the scale into your favor. Above all though don't let them discourage you and NEVER GIVE UP. God Bless, C.C.

[Beachy]

Hello Beachy,,,, You got the Girls on your side and they have really supplied you with some much needed ammo. Whatever you do , try and protect that Earliest Effective Date. So your going to have to supply the new and material evidence to get it back open. If you can get your past supervisor to help you with Buddy Statement then that would certainly be of huge importance. I tried to get my Drill Sargent to help me with a problem but he was so sick and passed away only a couple of months after I talked to him, so try and not let it go too long if you can.

If you can get that ever important IMO from your doctor or specialist that says it is as least as likely as not that your RN was present in the service or was aggravated in the service then the RO's denial gets real shakey. The RO taking the easy way out by saying your RN was genetic is typical denial stuff. They especially like to use it when they can, like in back claims with L5 and such. They are counting on you to get frustrated with the denial giving up on the claim all together. Most Vets do just that. You can carefully go over your records and use them to support the positive things of your claim. Remember that the benefit of a doubt rule 38 CFR 3.102 , Gilbert V Derwinski, will help you as long as your evidence supports your claim. Don't be afraid to use it and that make sure they know you can supply that evidence to tilt the scale into your favor. Above all though don't let them discourage you and NEVER GIVE UP. God Bless, C.C.

Thanks Capt, I figure I have plenty of time and patience... I appreciate all the great advice here please keep any advice or opinions coming my way. I am legally blind now and I can use all the guidance I can get.. The VA has been great to me, they supplied me with training and tools to move forward in life. I just need the VA to recognize that I had this disease while in service, so I can at least get by financially.

I'm new to this, so some acronyms are new to me, by RN I think you mean my RP?

IMO, I'm assuming it's a Medical Opinion?

RO, I would assume is a Regional Office.

Please correct me if I am wrong, I'm a work in progress:)

Thanks again!

[carlie]

Glossary/Definitions/Abbreviations

http://www.hadit.com/definitions.html

[Capt.]

Hello Beachy, Yes ,,,my mistake,,,, I just did not focus on it. I too have a claim in for Dry eyes, secondary to chemical exposure so vision is precious as you know. The acronyms are plenty here too but there is a list posted here at Hadit even for that. I am over 4 years into my denials from the VA and have a claims lawyer for those.Still locked up in the DRO (Decision Review Officer) with a Notice to Reconsider. I also have a malpractice suit and a lawyer for that also.

I am seeing more and more Veterans getting their benefits so it is better than it was 5 years ago but still for me , it has been a struggle and I am always encouraged when I see another Vet with a success story posted here. I am very glad the VA is taking care of you and normally the Veterans Health Administration has some fine people as a whole. I have had some very good doctors and I have had some that have caused me problems. Most of us here at Hadit have had good ones and some not so good. You will find out that the Veterans Benefits Administration is where all the trouble and confusion comes from and requires patience and tenacity to get your claim thru their gauntlet.

also known as the Regional Office (RO) .

Welcome aboard and you will find plenty of help here as I have also. This is a family , everyone taking care of each other when things get tough or go not according to planned. Thru it all though , please remember to NEVER GIVE . God Bless, C.C.

[Berta]

"I was relieved of night duty by my supervisor, he saw how uncomfortable I was working the flight line at night and after two nights he put me back on day shift. I am trying diligently to find him"

Proof of that (maybe in your personnel file?) would be great evidence.

As I understand this (and there has been a commercial recently on Fox news as well as a brief part about a lawyer with this condition)-

yor condition is progressive and this is a factor VA must consider- that it started out with minor limits-such as the inservice night duty relief- yet progressed.

You might well need to consider getting an IMO-to connect the dots between the inservice duty change and anything in your SMRs that supports the claim.

Since yo have SC now-yo can re-open this claim with a 21 -4138 form and send with it something that will be considered as evidence tat is new and material enough to warrant the reopen.

Use your same C file number on the older decision and there is no need to send them another 21-526 form.

Yo can also ask them for a higher rating and re open the estabkllished SC claims by telling them that these SC disabilities have gotten worse since your last rating.

This will establsh the best EED (earliest effective date) for these re opened claims and you will have time to prepare evidence but make sure the RP claim has somethng sent with it and referred to in the 4138 that indicates to VA you have a valid RP claim.(

[carlie]

As I understand this (and there has been a commercial recently on Fox news as well as a brief part about a lawyer with this condition)-

yor condition is progressive and this is a factor VA must consider- that it started out with minor limits-such as the inservice night duty relief- yet progressed.

You might well need to consider getting an IMO-to connect the dots between the inservice duty change and anything in your SMRs that supports the claim.

yo can re-open this claim with a 21 -4138 form and send with it something that will be considered as evidence tat is new and material enough to warrant the reopen.

there is no need to send them another 21-526 form.

Yo can also ask them for a higher rating and re open the estabkllished SC claims by telling them that these SC disabilities have gotten worse since your last rating.

This will establsh the best EED (earliest effective date) for these re opened claims and you will have time to prepare evidence but make sure the RP claim has somethng sent with it and referred to in the 4138 that indicates to VA you have a valid RP claim.(

Ditto on the above.

[Darknow]

Hi Mike,

I am sorry to to read about your condition. I can sympathize with you. I don't understand about the VA process stuff you have all discussed here because I am just getting started. Any advice about how-to is always appreciated.

During my exit exam I was told about some "funny stuff" going on with my eyes. The interest was enough to have everyone come look in my eyes, but they did not explain and when I showed concern they told me not to worry about it. I have not located a record of that in files I finally received after YEARS , of course.

Soon enough, I was being treated by an opthmalogist every 6 months. I have pigmentary dispersion syndrome which was in the pre-curser to pigmentary glaucoma. I have similar symptoms that have progressed quickly.

Well, I have been watched, tested and photographed for years only to have the hospital lose it all. That union hospital would have recommended that this was service related because I had been a welder and had many eye issues during that time. Now, my eyesight is shot but I can't see that doctor through my insurance any more. I understand that heavy excercise (work) and flash burns make this condition appear when it normally wouldn't. I'd like ot know how you are handling the claim as I am trying ot begin mine. Blindness is coming fast and I am not young anymore. BTW, if you can increase the font or BOLD your responses that would be great. Any advice on how to approach this would be much appreciated. I have had two doctors since then photograph and want to perform experimental surgery on my eyes, agreed to note my record and then backed out: they are really self-absorbed.( I'm going blind and they want to do another study on me for their own benefit so they can publish, but not help me be compensated though they believe my work could be the cause or catalyst.) Please, please help. Thank you.

Hello All, I am new to this group and have found tons of useful information here.

I was denied service connection for an eye disease (retinitis pigmentosa) about 2 years ago. The denial stated that my disease is genetic and was not caused by my military service,. I felt frustrated, and let the appeal lapse. I have since met other vets with RP who have been awarded SC. So, I am going to try again.

I called my local rep, and he said he could re-open my case... I wasn't aware this could be done after the appeal period. I was planning to file myself this time, and starting a whole new case. I'm aware I would be giving up nearly two years of retro if I win. But, I feel I answered some questions poorly at my C&P, and would prefer a fresh start.

BTW, my eye disease causes tunnel vision and poor night vision. I have a copy of my C-file and have gone though my visual tests. I was never given visual field tests or night vision tests, so how could they prove I did not have this disease prior or during my TIS?

So my question is; Should I start a new claim or re-open if possible?

Thanks in advance,

Mike