Decision Over Ruled?

[Garbo1950]

Hi all,

Have been on this site a long time,learned a lot! Now my question. My file was sent to Little Rock from Chicago last year. The decision came from Little Rock Dec.2013. My claim was for Primary Lateral sclerosis. Awarded 100% for "Service connection for amyotrophic lateral sclerosis (als) with associated imbalance, mild muscle weakness,abnormal gait,swallowing condition,bowel impairment,major depressive disorder and voiding dysfunction is granted with an evaluation of 100%." Also smcs1. Occupational therapy said my scooter has come in, so called my POA, PVA to ask about the automobile grant. He says I do not qualify because the medical record states pls and Little rock was "generous" with the decision. He says don't try to apply-don't rock the boat!

So I should have a scooter and nothing to transport it with-what is the point? Can one regional office change anothers decision?

[georgiapapa]

Sounds like you need another rep at PVA. The guy you talked with sounds like an idiot.

There has been a debate in the medical community as to whether PLS is an entirely different condition from ALS or whether PLS is a variant of ALS. In your case, it appears the VA decided your PLS was a variant. There are case decisions in the BVA to support the contention that PLS is a variant of ALS.

Google the following BVA decision: Citation Number 1417108. Date of Decision: April 16, 2014.

This case was based on an appeal of a veteran with PLS claiming ALS and he was initially denied by the VARO in Louisville, Kentucky.

The BVA ruled in the veteran's favor and stated that PLS is a variant of ALS. The veteran was represented by PVA.

I would take a copy of this decision to the PVA and tell them your PLS is a variant of ALS and you wish to file an application for the automobile grant. If they don't want to help you, file the application yourself or change your POA.

I think the chance of your new regional office changing your decision is slim to none. Just my opinion.

Good luck to you and thank you for your service.

[JayBrown1]

First thing I would do is drop the POA, then I would go forward with the automobile grant.

[Berta]

Here is lots of info on this grant and the form too:

http://benefits.va.gov/BENEFITS/factsheets/serviceconnected/Auto.pdf

http://www.benefits.gov/benefits/benefit-details/278

http://www.benefits.va.gov/compensation/claims-special-auto-allowance.asp

http://www.vba.va.gov/pubs/forms/VBA-21-4502-ARE.pdf

[jbasser]

I see a major league problem.

You were awarded for ALS. This is a presumptive issue. It was an error by the RO.

You filed for PLS. It is not a presumptive condition.

You need to be aware that the VA will eventually want their money back.

Be very careful. Especially with your bank account.

Good Luck

[georgiapapa]

I disagree with Jbasser based on the following BVA decision: Citation 1241096. Date of Decision: 12/03/12. Docket: 10-34 323

This case involves a veteran who filed for PLS at the St. Petersburg,a Florida VARO as a variant of ALS.

The BVA concluded the following: "PLS, shown by the medical evidence of record to be a variant of ALS, is presumed to be casually or etiologically related to the veteran's service." The BVA decision further stated: "The criteria for service connection for PLS are met because PLS is shown by the medical evidence to be a variant of ALS, which is presumed incurred during the veteran's service."

I would also add that John Hopkins Medical Center and Mayo Clinic both agree that PLS is a variant of ALS. Back in 2008, the VA did not recognize PLS as a variant of ALS but it appears this has changed since then. Just my opinion.