Knee and Back claim

[RickTheServiveDog]

I was rated at 20% for Multiple torn minuscule on both knees somehow they only rated the right one. Since then I had a partial knee replacement in 2016 and a full in 2017. From that surgery I was left with perineal nerve damage and cannot straighten out or flex my knee past 55%. I also learned that I need another surgery to replace my floating kneecap. If that was not enough I also was diagnosed with CRPS. I was told by an very reputable outside Dr that I will never get my motion back. I had fallen two months after my recovery, and herniated my L4-L5 Disc. I went to the VA and had an MRI and was told that no further action was needed even though I questioned the part that stated L4-L5 disc is bulging towards the faucet thus pinching the nerves. I keep on questioning this and symptoms on back and hip pain along with groin pain and bladder and bowel issues. Finally after months of being passed around I was listened to. By the Dr. that I kept on questioning. He acted like it was the first time I saw him. And replied yeah I’d say someone missed this. That is when I demanded to be seen downtown. After all this and the VA giving my a grant to do my shower, Providing me with both a power and a standard wheelchair,  a stair glider and a ramp. Comp and Pen still are denying me an increase for my knee. HELP! I am already at 100% permanent and total. I already have the 20% I am asking for another 40% lower extremity so that I can get hand held controls.

 

Thanks,

JW

[Richard1954]

On 11/8/2019 at 9:39 AM, RickTheServiveDog said:

HELP! I am already at 100% permanent and total. I already have the 20% I am asking for another 40% lower extremity so that I can get hand held controls.

I am not sure I understand what you are asking for... It looks like you are wanting automobile adaptive equipment...  First of all your already 100% so I am not sure what you looking for an additional 40% for.,  I am not saying you should not put in a claim... I just don't understand the question.   I am attaching the handbook for automobile adaptive equipment....  you have to be rated for specific disabilities to get auto adaptive equipment.... take a look at all the conditions for adaptive equipment...  keep in mind you don't need a specific %  to get the auto adaptive equipment.. you just have to be rated for a condition.

Hope this helps if not try to be more specific with your question and I or someone else will do our best to answer the questions.

Handbook 1173.4 Automobile Adaptive Equipment Program.pdf

[broncovet]

 

    If you WERE granted an additional 40 percent, then he would likely meet "statuatory" SMC S, which is a single disability at 100 percent plus an additional combined 60 percent seperate and distint from each other.  That would be about an additional 360 per month.  

    I dont know about hand controls, maybe others can chime in.  I suppose you could buy hand controls if you had an extra 360 per month.  In most places that will buy you the whole car!  

    Rick you need to check your medical records.  If there are errors of same, then you can seek to correct them as this regulation explains:

https://www.law.cornell.edu/cfr/text/38/1.579

    Also, if you have been injured due to "failure to diagnose" your issue(s), then you may have an 1151 claim.  Berta knows well about 1151's, and the way I understand them they are IN ADDITION TO regular Veterans compensation, if awarded.  But, look in Berta's posts and I think you will find where she cites the regulation explaining 1151's are in addition to regular compensation. 

    You did not say whether or not you were denied for your additional comp, if you have been you need to appeal it.  You may need an IMO to prove your case.  

    The good part about SMC S, is that its inferred.  This means your effective date is the date you met the criteria for it, not the date you applied. So, if you met the criteria 10 years ago, then you should get 10 years of retro.  If you were to get 10 years retro of SMC S it would about 36,000 dollars, so, again, you could buy your own hand controls.  

    OR, you may meet the criteria for Aid and Attendance, given your bladder and bowel issues, which would be even more.  

Now, even if you get care by your spouse or a family member, this does not disqualify you from getting SMC L (Aid and Attendance).  The regulation specifically says that.  See 3.352 C.  

https://www.law.cornell.edu/cfr/text/38/3.352

 

    

 

    

Edited November 10, 2019 by broncovet