Keratoconus

[roses15534]

I was diagnosed with Keratoconus when I was in service they gave me glasses first then contacts the first kind was hard center and soft skirt perma-soft then hard ones after retiring is when i had transplants after my corneas ruptured and scared them I was 20/400 the day of surgery and now around 20/30 i think i can wear either glasses or contacts even tried both at one point so should I go back and try to get service connected? Now here is the thing since I had transplants I no longer have Keratoconus what all info I need to do this? I had corneal transplants in both eyes 2 years apart mine was not service connected they said it was genetic and denied it. I wear contacts and glasses either or and corrected vision is about 20/30 what process did you use? My decision is attached from 2001.

[jvretiredvet]

First, a minor preparatory rant ... when a veteran receives a decision that he/she disagrees with, it is ALWAYS a Clear and Unmistakable Error (CUE) on the part of the VA decision maker. However, when a real CUE appears on this forum, no one seems to want to comment. Strange.

In any event, I believe there is a CUE in your Rating Decision from 2001 and you need to file a claim to reopen because available VA Precedent Opinions were not considered when your claim was adjudicated. Also, as you did not have the keratoconus when you entered service, there was a presumption of soundness. In the absence of willful misconduct, 38 CFR3.303(a) http://www.benefits....ART3/S3_303.DOC holds sway.

One can argue all day what 38 CFR 3.303(a)-( c) and 4.9 http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_3.DOC really mean ... but let's cut to the chase. Congenital or familial conditions are not an absolute bar to service connection. There have been several VA General Counsel Precedent Opinions which discuss these areas more fully and would support your claim for a CUE.

VAOPGCPREC 82-90 dated 07-18-1990 http://www.va.gov/og.../PREC_82-90.doc Service-connection may be granted if the evidence as a whole establishes that the familial conditions was incurred or aggravated during service within the meaning of VA law and regulations.

VAOPGCPREC 67-90 dated 7-18-90 http://www.va.gov/og.../PREC_67-90.doc says that service connection may be granted for hereditary diseases which first manifest while you are in service.

VAOPGCPREC 1-90 dated 3-16-90 http://www.va.gov/og...0/PREC_1-90.doc discusses service connection for a hereditary or familial disease that manifests to a compensable degree within the presumptive period.

So, if you wish to pursue this claim:

1. Make copies of the three VA Precedent Opinions.

2. Send your friendly neighborhood VA Regional Office either a letter or a VA Form 21-4138, requesting to reopen your claim for service connection for kertooconus because of a CUE in the original decision. Reference the three opinions and attach them, specifically VAOPGREC 82-90. Request the effective date of xx/xx/2001. Make sure that the VARO has treatment records for your keratoconus from the date of your separation/retirement to this date.

3. Be prepared to have your request to reopen denied. If this happens. appeal and request a Decision Officer Review (DRO) de novo review.

4. It's somewhat more likely that a DRO would grant, but be prepared to appeal via Form 9 with the BVA.

5. Sit back and wait. Be patient. Watch your time lines. Be patient. Find a hobby. Be patient (you might notice some redundancy there).

FWIW, status post corneal transplant is evaluated on visual acuity, with a minimum single 10%. You currently carry a 30%. Whether an additional 10% would increase your total overall evaluation remains to be seen. And, even if your overall evaluation would increase to a 40%, you won't actually receive any additional money because of concurrent receipt.

However, you likely would be able to amend some Federal and state tax returns because of a retroactive VA determination (ref: page 52 IRS Pub 17 http://www.irs.gov/pub/irs-pdf/p17.pdf and Form 1040-X instructions http://www.irs.gov/p...-pdf/i1040x.pdf). Please note that there is a spayshul statute of limitations in this case.

So, go for it.

Edited 2/25/2012 1907 GMT to add link to 38 CFR 4.9.

I was diagnosed with Keratoconus when I was in service they gave me glasses first then contacts the first kind was hard center and soft skirt perma-soft then hard ones after retiring is when i had transplants after my corneas ruptured and scared them I was 20/400 the day of surgery and now around 20/30 i think i can wear either glasses or contacts even tried both at one point so should I go back and try to get service connected? Now here is the thing since I had transplants I no longer have Keratoconus what all info I need to do this? I had corneal transplants in both eyes 2 years apart mine was not service connected they said it was genetic and denied it. I wear contacts and glasses either or and corrected vision is about 20/30 what process did you use? My decision is attached from 2001.

Edited February 25, 2012 by jvretiredvet

[roses15534]

jvretiredvet do I still rate this even though I do not have it anymore since i had to have corneal transplants because they progressed so far my corneals burst then had to have the transplants? Please tell me what to do step by step I am new to this and I do have a VSO disabled american vets. please explain this like a 5th grader.

[jvretiredvet]

do I still rate this Sure do.

even though I do not have it anymore since i had to have corneal transplants Well, why were the corneal transplants done?

because they progressed so far my corneals burst then had to have the transplants? Aha, that's why! While I don't know that I'd strictly call cornealplasties a "secondary condition", that's a good enough explanation.

Although it might appear intuitive that keratoconus might progress to the point where corneal transplant was needed, that is not for the Rater to determine. The medical evidence in your claims file must state that the corneal transplants were required because of or a direct result of your bilateral keratoconus.

When service connection is granted (back to the date of your retirement in 2001), you initially should be evaluated solely under under Diagnostic Code (DC) 6035 http://www.benefits....PART4/S4_79.DOC . Upon the first corneal transplant, you'd be evaluated under the analogous DC 6035-6036. That is, you are being evaluated under DC 6036 (status post corneal transplant) because of treatment for keratoconus (DC 603).

Please tell me what to do step by step Honestly, I feel uncomfortable telling you what to do because I have no legal standing. However, the suggestions in my first response might be helpful.

I am new to this Don't feel like the Lone Ranger. We all were newbies at one time or another.

and I do have a VSO disabled american vets. Let your VSO help you if you trust them. However, you might, ok will, have to show them the precedent opinions to convince them that there is a cue; show them my suggestions. Even if they don't agree they CANNOT not file the claim on your behalf.

please explain this like a 5th grader. Gee, I dunno ... I find it difficult to write like a 5th grader.

jvretiredvet do I still rate this even though I do not have it anymore since i had to have corneal transplants because they progressed so far my corneals burst then had to have the transplants? Please tell me what to do step by step I am new to this and I do have a VSO disabled american vets. please explain this like a 5th grader.

[roses15534]

jvretiredvet let me see if I follow you I should send my VSO a copy of the 3 VAOPGCPREC letters should I send the 3.303-1 and the 4.9? And I should tell them I want to reopen this case due to cue? with at date or xx-xx-01. If I have to appeal and request the DRO do I do that or does my VSO do that? Now will there likley be or not a %rating for me at my present status? not whats behind me but now? If all I would get is a decision on the past that does nothing for me why do it? Thanks for all your help you are what I have been looking for on the net. Do you know what the statue of limitations are? I have some other cases with questions if you would entertain them as well.

[jvretiredvet]

let me see if I follow you I should send my VSO (snip) ... In this case, I feel that a face-to-face with your VSO might be more productive. Or, you can do it on your own.

And I should tell them I want to reopen this case due to cue? with at date or xx-xx-01. Yes

If I have to appeal and request the DRO do I do that or does my VSO do that? Well, your VSO should not automatically appeal without your permission. You could either deal directly with the VARO or you could send a letter to your VSO telling them to appeal with a de novo review.

Now will there likley be or not a %rating for me at my present status? Status post (after) corneal transplant is evaluated on: (a) visual acuity, which in your case I suspect will be a 0%; or, (b) a 10% "if there is pain, photophobia, and glare sensitivity. "

If all I would get is a decision on the past that does nothing for me why do it? Well, if your only interest is the money, you prolly should stop right now.

However, as an uninterested observer, I might suggest that you do proceed with a claim to reopen. Even if you only receive a 0% dating from 2001, and your current warrants only a 0%, SERVICE CONNECTION for keratonus and related conditions would be established. If in the future, if something much worse happens to your eyes related to the keratoconus or subsequent treatment, you are already covered.

Thanks for all your help you are what I have been looking for on the net. You're welcome.

Do you know what the statue of limitations are? There is no statute of limitations to file an initial claim for a particular disability.

However, once a decision has been made on that disability, you have one year from the date of the VA letter telling you of that decision to disagree or appeal.

To reopen a claim after that one year period, you have to have either: (a) "new and material evidence" http://www.benefits....ART3/S3_156.DOC to reopen the claim; or, (b) evidence that a Clear and Unmistakable Error (CUE), 38 CFR 3.105(a) http://www.benefits....ART3/S3_105.DOC was made in deciding your claim.

If there is new and material evidence or you have substantive evidence that a CUE was made, there is no statute of limitations to request to reopen your claim.

The statute of limitations to file amended Federal tax returns with the IRS can be as long as 5 years for certain retired military who receive a retroactive VA determination. Most states are not that lenient, and limit the SOL to 3 years.

jvretiredvet let me see if I follow you I should send my VSO a copy of the 3 VAOPGCPREC letters should I send the 3.303-1 and the 4.9? And I should tell them I want to reopen this case due to cue? with at date or xx-xx-01. If I have to appeal and request the DRO do I do that or does my VSO do that? Now will there likley be or not a %rating for me at my present status? not whats behind me but now? If all I would get is a decision on the past that does nothing for me why do it? Thanks for all your help you are what I have been looking for on the net. Do you know what the statue of limitations are? I have some other cases with questions if you would entertain them as well.

[retiredat44]

I was diagnosed with congenital cataracts when I was a child,, when I went through the exam to enter the USAF, I opened my big mouth and told them I have cataracts, but they were dormant, so I had to get a waiver for them...

the doctors said they had no idea if they would ever grow,,

well, 50 years later they grew, the one in the right eye was removed, the one in the left eye now has the complication of glaucoma,, not sure what wil happen,, I also have another problem with eye that had the cataract removed, a mole on the retina, but so far, it's ok for now...

since i have pancreas disease, and am fighting appeals for that, I haven't even bothered about the glaucoma.. as far as any claims go...

but, I saw the converstation about congenital eye disease, thought i would chime in...

The claims people always throw the word congenital in, whenever you claim something, they also said my neurolgicial problems were congenital,, I had a dna test that happens to show it isn't congenital, well at least the dna test shows that the dystrophy is not congenital.. (a VA doctor diagnosed me with myotonic dystrophy).

(funny thing is the lab had a note at the bottom of the results telling the doctor, that even if the results come back as 'read as negative' the doctor can still decide any way they choose... as the doctor has the last say whether a patient has the disease.... in other words, the patient can still have a disease, whether or not it is inherited.. in my case my neurolgical disease(s) can be real, and may not show up in dna tests.. which means it's wasn't inherited...

no one in my family were ever treated of had neuroglical disease...

(this acutally go back to my claim because I won a claim for problems from chemcials I worked with on active duty.. I have not won al the claims, and am in appeals for the rest or my health issues from the chemicals..).