Question:
Years ago the VA completed cataract surgery on my left eye, since then I continued to have problems because the lens was placed to close to the iris. Numerous time I would awake with only light perception because my eye pressure spiked or because the lens would rub on the iris causing internal bleeding. This last time the blood started to effect the back of the eye and doctors want to go in ASAP to prevent more damage to my Optic Nerve. Right now I am rated 60% due to the newer rating schedule, 7 or more treatments within a year. I will be having surgery on 27 Oct 2020, to remove the implanted lens. I will not have a new lens implanted at any time because the only thing they can do is sew it in and that may cause more problems. Because of all the complications, I do not anticipate being able to see for a very long time - if at all. Will I be entitled to a temporary 100% rating at least for as long as I do not have a lens? or Will I receive a rating for loss of use ( ie: K rating ) and a separate rating based on my total sight? I ask this because regardless of what happens, without any lens, I will only have light perception. I have been told that I may be able to use a contact lens in 6 months to a year, but even that is not a given... thanks I appreciate any info you can provide... Also I am already rated 100% for Lung disease, with SMC at L 1/2. Will my SMC be bumped up to M if I receive a temporary 100% rating? Thanks.
Jim's Reply:
You're asking some very complex questions that I can't begin to answer. You've had what sounds like a mishap during a critical surgery and your loss of sight in that eye is very serious business.
I'd like for you to speak with professionals who have experience dealing with medical malpractice at the VA. This firm will be able to inform you of your rights https://verdictvictory.com/medical-malpractice/va-malpractice/ Good luck.