Kirk Posted October 19, 2005 Share Posted October 19, 2005 Hello all, Just got a letter from BVA which says service connection is granted for renal failure secondary to service connected hepatitas. Took only three years to grant this claim. Very excited to hear this news. I understand they will now send case back to Detroit for rating. I am assuming (how foolish of me) that I will be rated at 100% as I am on dialysis which is supposed to get a 100% rating. Of course I have a million questions.How long will it take before I see any money? Weeks, months, or years? Does anyone know if renal failure requiring dialysis is P&T? If not P&T will my wife and kids still be eligible for tricare and other benefits? Will I need to file a claim for any SMC's for things like medicine side effects and blood pressure problems which are caused by my renal failure or do they consider this when they rate claim? I also would like to know if my transportation to non VA dialysis three times a week is re-embursable (68 miles each way)? An interesting side note, when I submitted my claim the letter I had from my kidney doctor said that my kidney failure was "presumably" caused by my hepatitis. My VA doc (who recomended filing a claim) had noted in my record that the same was "probably" caused by... No where did the "likely" or "more likely than not " show up in my doctors notes. The C&P doc of course wrote "not likely" as his opinion. In my ignorance I failed to get the "required" Dr's statements and still managed to win. Is it possible that the legalese of "likely" and "more likely than not " are not an absolute necessity as I had been led to believe? Thanks for taking the time to read this, Kirk Link to comment Share on other sites More sharing options...
Josh Posted October 19, 2005 Share Posted October 19, 2005 I am glad to see you wre approved Kirk. I bet you would rather have your kidneys working though. Link to comment Share on other sites More sharing options...
Guest Berta Posted October 19, 2005 Share Posted October 19, 2005 WOW- that is great! But I regret that you have to have made this sacrifice- many questions- and I would think this would be P & T but dont have positive answer yet- only 3 years- gee that is terrible- glad you hung in there on that! here is the rating schedule from 38 CFR 4.115a Renal dysfunction: Requiring regular dialysis, or precluding more than sedentary 100 activity from one of the following: persistent edema and albuminuria; or, BUN more than 80mg%; or, creatinine more than 8mg%; or, markedly decreased function of kidney or other organ systems, estpecially cardiovascular.................... Persistent edema and albuminuria with BUN 40 to 80mg%; or, 80 creatinine 4 to 8mg%; or, generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion.................................... Constant albuminuria with some edema; or, definite decrease in 60 kidney function; or, hypertension at least 40 percent disabling under diagnostic code 7101......................... Albumin constant or recurring with hyaline and granular casts 30 or red blood cells; or, transient or slight edema or hypertension at least 10 percent disabling under diagnostic code 7101.................................................... Albumin and casts with history of acute nephritis; or, 0 hypertension non-compensable under diagnostic code 7101...... Voiding dysfunction: Rate particular condition as urine leakage, frequency, or ...... obstructed voiding Continual Urine Leakage, Post Surgical Urinary Diversion, Urinary Incontinence, or Stress Incontinence: Requiring the use of an appliance or the wearing of absorbent 60 materials which must be changed more than 4 times per day.... Requiring the wearing of absorbent materials which must be 40 changed 2 to 4 times per day................................. Requiring the wearing of absorbent materials which must be 20 changed less than 2 times per day............................ Urinary frequency: Daytime voiding interval less than one hour, or; awakening to 40 void five or more times per night............................ Daytime voiding interval between one and two hours, or; 20 awakening to void three to four times per night.............. Daytime voiding interval between two and three hours, or; 10 awakening to void two times per night........................ Obstructed voiding: Urinary retention requiring intermittent or continuous 30 catheterization.............................................. Marked obstructive symptomatology (hesitancy, slow or weak stream, decreased force of stream) with any one or combination of the following: 1. Post void residuals greater than 150 cc. 2. Uroflowmetry; markedly diminished peak flow rate (less than 10 cc/sec). 3. Recurrent urinary tract infections secondary to obstruction. 4. Stricture disease requiring periodic dilatation every 2 10 to 3 months................................................ Obstructive symptomatology with or without stricture disease 0 requiring dilatation 1 to 2 times per year................... Urninary tract infection: Poor renal function: Rate as renal dysfunction. Recurrent symptomatic infection requiring drainage/frequent 30 hospitalization (greater than two times/year), and/or requiring continuous intensive management.................... Long-term drug therapy, 1-2 hospitalizations per year and/or 10 requiring intermittent intensive management.................. ------------------------------------------------------------------------ [59 FR 2527, Jan. 18, 1994; 59 FR 10676, Mar. 7, 1994] Browse Previous | Browse Next -------------------------------------------------------------------------------- For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov. For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov. Last updated: July 27, 2005 Link to comment Share on other sites More sharing options...
Guest Berta Posted October 19, 2005 Share Posted October 19, 2005 Kirk- do you get SSA disability for this? Also- they should be considering you for SMC- If the hepatitis is already rated at 60% or more and they do grant 100% on this- that is (should be)the "S" award but then again-it is hard to know just what they will do- do you have cardiac involvement? I hope not but that too can be secondary to these SC conditions. I would think the VARO would move on this fast- then again- hard to say there too- If they should somehow find you at below 100% criteria-and then combine and it still doesn't come out to the 100% Comp rate if I were you I would sure attach a TDIU form to your NOD on that. That would be the time to tell them of how your meds affect your employability. And I woukd sure check yes to question # 18 and then apply for SSA benefits if you haven't already. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted October 19, 2005 HadIt.com Elder Share Posted October 19, 2005 Kirk: Glad it was awarded and I suspect you should see money in weeks and not months. Link to comment Share on other sites More sharing options...
Guest VetWife Advocate Posted October 27, 2005 Share Posted October 27, 2005 Hello all, Just got a letter from BVA which says service connection is granted for renal failure secondary to service connected hepatitas. Took only three years to grant this claim. Very excited to hear this news. I understand they will now send case back to Detroit for rating. I am assuming (how foolish of me) that I will be rated at 100% as I am on dialysis which is supposed to get a 100% rating. Of course I have a million questions.How long will it take before I see any money? Weeks, months, or years? Does anyone know if renal failure requiring dialysis is P&T? If not P&T will my wife and kids still be eligible for tricare and other benefits? Will I need to file a claim for any SMC's for things like medicine side effects and blood pressure problems which are caused by my renal failure or do they consider this when they rate claim? I also would like to know if my transportation to non VA dialysis three times a week is re-embursable (68 miles each way)? An interesting side note, when I submitted my claim the letter I had from my kidney doctor said that my kidney failure was "presumably" caused by my hepatitis. My VA doc (who recomended filing a claim) had noted in my record that the same was "probably" caused by... No where did the "likely" or "more likely than not " show up in my doctors notes. The C&P doc of course wrote "not likely" as his opinion. In my ignorance I failed to get the "required" Dr's statements and still managed to win. Is it possible that the legalese of "likely" and "more likely than not " are not an absolute necessity as I had been led to believe? Thanks for taking the time to read this, Kirk [/quot Kirk, That C&P doc almost screwed you to the wall. Apparently with other evidence in your file, it was so obvious to the rater, THANK Goodness!! Congats, U shld be looking at back pay also? You say three years. So glad to hear some good stories of success onece in awhile. Hope you are feeling better. Where do you think you got the hep? Brenda Link to comment Share on other sites More sharing options...
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