hypertension What Is The Definition Of ".............."

[bigmuny]

For a SAH grant I am trying to find the definition of "residuals of organic disease or injury"...Does anyone know the VA legal, statutory or technical definition of this..in simple terms that is...???

I have an appeal in the works...somewhere, from a SAH claim filed in 2007 and a higher level of Aid and Attendance filed in 2008 and I appealed in Feb. 2012 but now

the BVA says my claim was closed out on April 20, 2012 b/c of not filing in time..been through this with them once already and thought we cleared it up..but nay. I have all the paperwork and certified mail receipts and my VSO rep is the one who submitted it...so now the RO is writing an internal memo to reopen the claim based on it was filed in time.

However, by some chance back in Oct 2010 a claim was filed for me by someone, maybe me, for a host of contentions..the only thing I remember doing was writing a letter to my VSO rep complaining why the RO in deciding my SAH and higher AA claim did not consider the Dr.(s) evaluation concering my present level of disability, for instance loss of use of both legs and arm, incontinence, loss of bowel control, peripheral neuropathy, diabetic neuropathy, loss of memory, depression and anxiety, edema in lower legs, varicose veins, malaise, weakness, lethargy, nausea, high blood pressure/hypertension..all of these things were evaluated by the Doctors who submitted their findings to the RO but the RO never heard any of these claims..so it is either the letter I wrote complaining about it or the VSO filed it for me or the RO took it under consideration as a new claim. Now I have my answer to that claim

and they raised me from 70% to 100% for PTSD and raised me from 10% to 60% for incontinence, increased from 20% to 40% for DJD and increase my AA from an L rate to

an L 1/2 rate..plus what gets me is they deny me for loss of use of legs but yet

further on in their decision they grant me 40% for paralysis of the left lower extremity radiculopathy based on moderately severe incomplete paralysis....Now what does that mean??? That I can walk now b/c my paralysis is incomplete??? Then someone tell my legs...It's the jargon that confuses me. The VA has bought me Walkers, canes, wheelchairs and a beautiful electric wheelchair with a ramp and a wheelchair lift, only thing is I can't use it in the house b/c it is not equipped for wheelchair accessibility, hence the SAH grant.

Now that I have a P&T 100% rating plus an independent 60% rating does that open any avenues for increases in anything else. Like an automobile grant, not that I would

drive but it would sure make it easier to make my appointments, as of now I have to contact an independent medical transport to come get me and bring me back and they

are cheap, but if I had a van someone could drive me and my wheelchair to my appts.

Also, can I use this new claim and the increases as evidence in my appeals or will the BVA automatically see it without me submitting it??

Thanks for any assistance, advice or help anyone can offer..

[Philip Rogers]

bump

[Berta]

The SAH grant criteria goes a little beyond that statement.

“Under applicable criteria, VA is authorized to assist any

veteran who is entitled to disability compensation for the

loss of use of one lower extremity together with residuals of

organic disease or injury, or the loss of use of one upper

extremity, which so affect the functions of balance or

propulsion as to preclude locomotion without the aid of

braces, crutches, canes or a wheelchair, in acquiring a

suitable housing unit with special fixtures or movable

facilities made necessary by the nature of the veteran's

disability and necessary land therefore, or in remodeling a

dwelling to meet those requirements. 38 U.S.C.A. §§ 2101,

2102. “

I assume they mean that in your case, possibly the diabetic neuropathy, or in other cases maybe peripheral arterial disease, , and /or evidence of organic brain trauma from it (as in a veteran who had a major stroke causing them loss of use of extremities) would be considered residuals of organic disease and injury as compared to a mental health disability.

“organic disease one associated with demonstrable change in a bodily organ or tissue. “

from:http://medical-dictionary.thefreedictionary.com/organic+disease

“in their decision they grant me 40% for paralysis of the left lower extremity radiculopathy based on moderately severe incomplete paralysis....Now what does that mean??? “

It means they did consider the percentage of disability, and I would think this is proof of residuals of organic disability.

You stated:

“I have an appeal in the works...somewhere, from a SAH claim filed in 2007 and a higher level of Aid and Attendance filed in 2008 and I appealed in Feb. 2012 but now

the BVA says my claim was closed out on April 20, 2012 b/c of not filing in time..been through this with them once already and thought we cleared it up..but nay. I have all the paperwork and certified mail receipts and my VSO rep is the one who submitted it...so now the RO is writing an internal memo to reopen the claim based on it was filed in time. “

and

“Also, can I use this new claim and the increases as evidence in my appeals or will the BVA automatically see it without me submitting it?? “

I hope , as how I understand all this, that VA will consider this claim as still a pending one (from either 2007 (I assume you mean this was a formal SAH application) or pending from 2008 for a higher level A & A claim or both as I don't think it is technically on appeal yet due to the apparent VA error of saying something wasn't timely filed...That is what your VSO is attempting to clear up. I think.

I hope others will chime in here because I am confused by this post.

But not confused about this:

“will the BVA automatically see it without me submitting it? “

I dont know what you mean by :”it” but I would never depend on any VA entity, VARO or the BVA to “automatically” act on anything .

One more point:

"loss of use of both legs and arm, incontinence, loss of bowel control, peripheral neuropathy, diabetic neuropathy, loss of memory, depression and anxiety, edema in lower legs, varicose veins, malaise, weakness, lethargy, nausea, high blood pressure/hypertension..all of these things were evaluated by the Doctors who submitted their findings to the RO but the" ….....

Were all of these formally claimed?

VA usually will not act on anything not formally claimed, unless they have significant evidence that allows them to infer an issue.

The VA might have considered all of above in your decision already but hard to know.

The vet rep would know.

I might be misinterpreting this whole post so I sure hope others will chime in.