100% Temp Convalescence

[Oceanbound]

So I filed for it early last month, so it has been a solid month and nothing yet as far as getting 100% temp comp for the stroke. After reading others who filed for this the time frame is around 5-6 weeks.  I feel the incompetent doctors that are treating me are strictly refusing to do so after having my stroke.  I can not work or do normal daily life things. Yet the only thing these idiot botton of the barrel VA doctors stated and put in my file is DO NOT DRIVE. My power has been turned off since I am still recovering.

Do I file another complaint with the neurology and cardio department and MDs. Should I email the VA SEC about this negligence, so that I get it.

Help is very much needed!!

[Berta]

I seem to recall that you might have  had a potential 1151 issue regarding the stroke.

But also maybe you had direct service connection evidence.....

Has the VA already rated the stroke as service connected under direct SC or   " as if" service connected ,under Section 1151?

Did you obtain an IME? If you are unable to work due to the stroke, have you applied for SSDI?

The temporary convalence regulations are here:

https://www.law.cornell.edu/cfr/text/38/4.30

 

[Berta]

I found the post you had made regarding 1151 and my reply is there.:

https://community.hadit.com/topic/70455-does-this-qualify-for-1151/#gsc.tab=0

 

[Oceanbound]

On 11/17/2017 at 7:27 AM, Berta said:

I seem to recall that you might have  had a potential 1151 issue regarding the stroke.

But also maybe you had direct service connection evidence.....

Has the VA already rated the stroke as service connected under direct SC or   " as if" service connected ,under Section 1151?

Did you obtain an IME? If you are unable to work due to the stroke, have you applied for SSDI?

The temporary convalence regulations are here:

https://www.law.cornell.edu/cfr/text/38/4.30

 

Will see what my lawyer has to say about it since I asked her last month, to give her the chance to investigate and see if it is 1151 or not, so I will follow up with her this week.

My direct service connection is rated 0% for brain syndrome. And I never appealed that low ball percentage orginally. So would that be the connection?

VA is still in the process for determining this claim and likely be another 4 to 6 months before I hear back from them with approved or denied. When I filed for the stroke I submitted other disabilites secondary to the stroke for instance moderate Hypoglossal Nerve Neuritis, Peripheral neuropathy, and I requested everything else to be increased. So the VA has to go through about 15 new and old disabilities.

I found the neurologist who would do the IMO but don't have the 2,200 to 3,500 that it would cost.

[Berta]

"direct service connection is rated 0% for brain syndrome. And I never appealed that low ball percentage orginally. So would that be the connection?"

If that involved a Transcient ischemic attack, with no residuals, that could possibly be the connection.

But that would be up to a doctor to state, if the cause of the brain syndrome ( I think they rated my husband's  1151 stroke under organic brain syndrome) and I used  medical evidence from his VA med recs, to prove he had untreated TIAs as the beginning of the malpractice that caused the stroke ( plus an MRI result , and ECHO, and much other evidence.) They considered the TIAs as part of a hearing problem ( which he never had) when in fact a TIA can often be a  precursor to a full blown stroke. The VA agreed after a battle, with my lay medical evidence,that the TIAs he had ( and went to VA  ER every time)  contributed to the malpracticed stroke he had and also his stroke contributed to his death.

Do you also have heart disease ? That too can be a precursor to stroke.

I have been preparing a letter to send to Secretary Shulkin on why he should consider any Vietnam incountry vet who has AO IHD and also has had a ratable stroke, to consider the 'ischemic' factor of AO IHD is the same type of  ischemia that can cause a stroke. I am glad the Secretary is a doctor because he will understand my medical lay opinion and citations on that.I am providing him wth the 1151 DIC award as well and other evidence he should consider because stroke could become  a possible AO presumptive, based on the most recent IOM ( NAM) reports he will  consider. The fact that I suceeded in FTCA without an IME also will support my letter to him.

But this was a LOT of medical work I had to do and it was very time consuming.

I again must state than  am strong IME will be needed to establish the next to the SC "0" brain syndrome.

Perhaps your lawyer would be able to suggest a less costly IME from someone they know of, with expertise in Neurology.

VA, as I well know, fights this type of claim aggressively.

Edited November 19, 2017 by Berta

[Gastone]

What got you the SC 0% Brain Syndrome, a Direct or Secondary SC? Are you an "In Country" Nam Vet?

Posting redacted copies of your Award/Denial Letters may be out of the question while your convalescing, could you post a list of your current DX conditions as well as those currently SC'd?

[Navy04]

OceanBound,

 

So sorry to hear what you are going thru. I hate to see a fellow Vet suffer. I too was granted 100% Temporary after having back surgery in September. I am already 100% and P&T, so I do not know how this process works. It sucks, but the only answer for now, is to wait and see what happens. It sucks that you have to struggle in the mean time, while the VA decides to get off their butts and do their job. Good luck and I wish you the best bud. God Bless