PSP Questions

 

Question #39    

I am receiving 10% compensation for sinusitis, 10% for tinnitus total of 20%. While I was serving in the Navy it was my responsibility to remove and replace some zinc rods in our fresh water tanks which meant the water was to be turned off and tagged, this was supposed to be done by another individual prior to me removing the zinc rod there were about 10 of these tanks that I had to remove and replace the rods well the water did not get secured on one of the tanks and I removed the rod and it hit me just above my right eyebrow, I had to have several stitches. I have had a lot of sinus problems after that but never entered it into my claim. I am applying for an increase with the sinusitis the accident is documented in my medical record should I have made some kind of entry about this to help get the increase?


A1:  If you feel your condition has worsened then file an increase.  By all means include the accident.  (PW)  4/18/2016
 
A2:  What you need is evidence. I tell my clients that it is not what you know, but what you can prove. You need to get medical evidence to support your contention. It could be that your sinus problems are just the result of the natural progression of the condition. In order to get more than 10% you must show:  Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries 50%.  Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 30%.  (AP)  4/18/2016
 
A3:  The accident would have no bearing on the sinusitis.  Sinusitis is based the congestion.  The accident and the residuals of it wouldn't affect the sinusitis rating.  (CP)  4/19/2016  
 

 

 

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Question #40 

 

Where do you submit request due to reproductive organs being removed? It was suggested a $20,000 compensation will be paid to women veteran's who lost their reproductive organs.


A1:  How did you come to the conclusion you would received $20,000. If you file a claim and whatever compensation you get is for lifetime. File it as loss of use of creative organ.  (PW) 4/18/2016

A2:  That suggestion is incorrect. Removal of the uterus, with or without the ovaries is awarded 100% compensation for 3 months and 30% thereafter. See 28 CFR chapter 4.116.  (AP)  4/18/2016

A3:  There is a lot of scuttlebutt about monies received for disabilities and the amounts.  But that is all because of miscommunications.  One of the major things about the loss of creative organ is that you would need to show that the condition was incurred on or aggravated by the military service.  If there was a history of disease/cysts etc. while on active duty that eventually lead to a hysterectomy and you were service connected that would be at a 0% rating for loss of a creative organ.  Now as to the other figures that you put in the question I can deduce that the veteran who told you this may have filed for a disability rating for the loss of a creative organ and by the time the VA found service connection a large amount of "Past Due Benefits" had accrued.  The VA pays the veteran from the date that the VA receives the 526, 526EZ, 526b to the date that the VA determines that it is service connected.  After the granting of benefits you will receive a monthly amount of approximately $836.00 a month.  (CP)  4/19/2016

A4:   Correction above answer.  The loss of a creative organ for a female is 50%.  Loss of a creative organ for a male (usually called Erectile Dysfunction (ED)) is a 0% disability because the creative organ is usually not removed.  Must be an ascetic issues.  You will bet a Special Medical Compensation K Rating of $103.23 per month.  (CP)  4/23/2016   

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