hearing loss Foreign Medical Program eye glasses

[Frank1959]

I just received my rating, about 2 weeks ago. (50%) I was doing some research and any vet receiving compensation is eligible for basic medical package. This includes hearing aids and eye glasses. (No service connection required). (I have 10% Tinnitus and 0% bilateral hearing loss - service connected)

I contacted the FMP and asked about their eye glasses policy and was informed that they will not pay for, or issue, eye glasses. I live in Germany. They could not provide me with a regulation. Their policy does not explicitly refer to eye glasses.

Has anybody had any experience in this matter?

The people at the FMP are great, and have been very helpful. Just this issue with the eye glasses. I have sent an e mail, requesting for clarification, with no luck.

 

[broncovet]

As much as we may like there to be, there is not a regulation on everything.  And, the VA has wide latitude in interpreting its own regulations.  In Cheveron, and Auer (US Supreme Court), they ruled that the "Agency determination" will stand unless they can prove the interpretation is "arbritrary, capricious, or contrary to law".  

Its pretty much like we have to prove "CUE" to overide an agency interpretation.  There are still things you can do, however, depending on how far you want to go with this. 

First, I would go at a different time, and try to talk to a different employee.  Often when one says no, the other will say yes, because the VA is not a unified body, but a group of employees with differing opinions.  

Next,   ask to speak to a supervisor, and find out if this is there official position, as employees make mistakes. 

Then, you could appeal this denial, noting that not all board decisions involve Veterans compensation, they can be for other things too.