Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Decision Over Ruled?

Rate this question



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?

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • 0

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.

Link to comment
Share on other sites

  • 0

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

  • 0

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.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...

Important Information

Guidelines and Terms of Use