Hello, I am trying to help my dad all I can with his VA claims. In 1968 he was involved in a serious automobile accident and was subsequently rated 30% disabled in 1970 (10 for head, 10 for shoulder, 10 for leg). A couple years ago he spoke with a friend who suggested he have his claim looked at again. So he did, and it turns out he is now service connected for (40% TBI, 30% Diplopia, 20% Ankle, 20% Deformed AC separation). Also, when he recently asked for his claim to be looked at again he said there was a CUE for not being service connected for diplopia from 1970. There is record of diplopia and two surgeries of the extrisnic muscles of the eye and handwritten notations in the narrative summary from the doctor that did the surgeries that his diplopia was not measured after the second surgery, only that it had improved. After this second surgery they told my dad this would be the best his eyesight was going to get and he was lucky to be alive. So all these years he never pursued it any further. He just learned to live as best he could with it. He hobbles around off balance with his head cocked to the right and tucked down just so he can see singly and that's only in certain fields of view. He had been doing this my whole life.
I have been reading a bit about these claims and understand that CUE claims can be very tricky. I don't understand why they service connected 30% for diplopia for this recent claim but not back to 1970. (other than it would cost them a pretty penny). They did not address his CUE claim at all in their recents findings he got back with his new award. In fact, the only thing they said he was rated at 10% for diplopia in 1970 and it was raised to 30% now..... but he was never rated anything for diplopia at that time. Very confusing.
The CFR from 1969 reads like this: Title 38 Section 4.77 "Examination of muscle function. (a) The measurement of muscle function will be undertaken only when the history and findings reflect disease or injury of the extrinsic muscles of the eye, or of the motor nerves supplying these muscles. The measurement will be performed using an industrial motor field chart, as in the illustration, the dimensions of the individual rectangles being 8* inches by 10* inches for use at 10 feet. (b) The claimant will face the chart directly, fixating upon the central point, and without moving the head, successively turn the eyes to the individual rectangles, as the examiner moves the candle from rectangle to rectangle, re porting whether he sees it singly or doubly. Repetition of the test will be made under the close supervision of the ophthalmologist. Impairment of muscle function is to be supported in each in stance by record of actual appropriate pathology. Diplopia which is only occasional or correctable is not considered a disability.
It seems to me that the law requires that he should have been tested for muscle function and never was. If he would have been tested he would have been service connected in 1970 as my dad states his double vision is the same now as it was after his last surgery in 1969.
One other issue I wan to bring up is that the handwritten notation about his diplopia not being measured is obscured by a dispatched stamp. Nobody else noticed it until I brought it up. It just looked like a correction to the word dextrolevoleversion but upon close observation it states that measurements in the up and down gazes were not measured as well.
I don't believe this narrative summary was in his recent CUE claim. How would you pursue this with the VA? Or if not why not? Thank you for time and any insight?
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sonofavet
Hello, I am trying to help my dad all I can with his VA claims. In 1968 he was involved in a serious automobile accident and was subsequently rated 30% disabled in 1970 (10 for head, 10 for shoulder, 10 for leg). A couple years ago he spoke with a friend who suggested he have his claim looked at again. So he did, and it turns out he is now service connected for (40% TBI, 30% Diplopia, 20% Ankle, 20% Deformed AC separation). Also, when he recently asked for his claim to be looked at again he said there was a CUE for not being service connected for diplopia from 1970. There is record of diplopia and two surgeries of the extrisnic muscles of the eye and handwritten notations in the narrative summary from the doctor that did the surgeries that his diplopia was not measured after the second surgery, only that it had improved. After this second surgery they told my dad this would be the best his eyesight was going to get and he was lucky to be alive. So all these years he never pursued it any further. He just learned to live as best he could with it. He hobbles around off balance with his head cocked to the right and tucked down just so he can see singly and that's only in certain fields of view. He had been doing this my whole life.
I have been reading a bit about these claims and understand that CUE claims can be very tricky. I don't understand why they service connected 30% for diplopia for this recent claim but not back to 1970. (other than it would cost them a pretty penny). They did not address his CUE claim at all in their recents findings he got back with his new award. In fact, the only thing they said he was rated at 10% for diplopia in 1970 and it was raised to 30% now..... but he was never rated anything for diplopia at that time. Very confusing.
The CFR from 1969 reads like this: Title 38 Section 4.77 "Examination of muscle function. (a) The measurement of muscle function will be undertaken only when the history and findings reflect disease or injury of the extrinsic muscles of the eye, or of the motor nerves supplying these muscles. The measurement will be performed using an industrial motor field chart, as in the illustration, the dimensions of the individual rectangles being 8* inches by 10* inches for use at 10 feet. (b) The claimant will face the chart directly, fixating upon the central point, and without moving the head, successively turn the eyes to the individual rectangles, as the examiner moves the candle from rectangle to rectangle, re porting whether he sees it singly or doubly. Repetition of the test will be made under the close supervision of the ophthalmologist. Impairment of muscle function is to be supported in each in stance by record of actual appropriate pathology. Diplopia which is only occasional or correctable is not considered a disability.
It seems to me that the law requires that he should have been tested for muscle function and never was. If he would have been tested he would have been service connected in 1970 as my dad states his double vision is the same now as it was after his last surgery in 1969.
One other issue I wan to bring up is that the handwritten notation about his diplopia not being measured is obscured by a dispatched stamp. Nobody else noticed it until I brought it up. It just looked like a correction to the word dextrolevoleversion but upon close observation it states that measurements in the up and down gazes were not measured as well.
I don't believe this narrative summary was in his recent CUE claim. How would you pursue this with the VA? Or if not why not? Thank you for time and any insight?
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