sixthscents

Feel the anger... yes let it grow within you... (lol) Vync I hear ya dude. JaeT21.... sounds to me like you have filed for increases. Honestly though without more information here about the issues at claim... we cant really say anything specific. However if you are willing to redact you claim you file for increase and the C&P results when you get them... also redacted.... we can honestly be much more precise in our answers.

Did you get this buddy?

Oh and as this is my area of specialization (ie Loss of USE claims) I can also say that Richard is a bit wrong when he states that drop foot normally results in complete loss of use. That actually varies. However is is DEAD ON when he says the the nerve conduction test is the benchmark diagnostic for any claim due to neuropathy or radiculapathy. It would also be "new and material evidence"... so there is that. In any case don't let them wear you down. Seriously rekindle that anger at the sheer ineptitude and injustice. Look I know many many people at the VA are great but... yeah it certainly seems like dent until you die but... but... if you keep the claim alive then when you win there is all that glorious backpay!!!!! WOOT!!! You can win buddy. Especially with the people here helping you. Sixth

Richard1954 is correct here. However I have seen drop foot caused also by ples planus or diabetes. Also there are lots of things to consider when filing a claim. What exactly did you file compensation for? I didn't see that but maybe I missed it. Sixth

Basically I agree with Berta. From what I have read so far there is no basis for a CUE. That doesn't mean there is not one or that you cannot file something (as pacman stated) but with what you have shown so far no. Again I agree we need to know what the rater based their reasoning on when they awarded the MH issue in 2018. From there we can go forward. Please don't be discouraged though. Don't let this stress or confuse you. If you need time away from it take it. It is better to be certain you are doing everything correctly than perhaps missing something through lack of ability to concentrate etc.

Yeah, I am often discouraged when I hear 20 years into this that Vets are still being told, be happy with what you got. My VSO rep actually sent a letter into the VA stating they felt that I wasn't due an increase and the VA had rated fairly. Yeah... that was when I immediately dropped my VSO rep. I don't know if it is actual collusion or incompetence but it seems to have been a staple story for 20 years now. Don't file for increase, you could get decreased. Well yes, and the sun could go nova tomorrow but I generally don't worry about it. 20 years doing this and I have yet to see a claim for increase lead to a decrease. So... at the end of the day it is your decision but I know what I did and I would have left over a million dollars on the table at this point (yes thats not hyperbole). So... it is your decision but I am incredibly glad I made mine the way I did. The VA does change eligability to programs like the Caregiver act... and I could go on for days as to the lie they are selling there but... not to claims for compensation in my experience.

Also, and this is just chiming in. If YOU co-signed the student loan... then it is also YOUR student loan and happily is the forgiveable under the new veterans relief. There is no credit point penalty etc. you just contact the lender, send them proof of your status and boom, the debt is gone and noted as paid in both credit files. Now I do not know what the future ramifications might be for you to co-sign future student debt so that might be a consideration if your child wants to take a further degree... but it can alleviate the current debt.

Further, the rating for the genitourinary system - renal dysfunction in your case would seem to call for a 60% rating. When they decided to rate you 100% it didn't really matter but if they are going to drop the one rating to 40% then it does now. 38 CFR .115a. They would either have to combine the two or at the least rate the higher of the two. I would argue that since the renal dysfunction has NOT changed that the rater must either consider it to maintain the 100% or address it seperatly if they are droppng the 100%. I have little experience with the situation but that is something I would certainly note in any NOD. Just my thought here.

Also HELLO BERTA!!! Yeah I'm back baby!!! WOOT. Sorry but I get all excited these days. Yeah doing better and thought it time to return hopefully for at least a few years (God willing). I am also waiting for the whole claims agent exam approval. That I dont expect to see anytime soon since they appear to be way backed up. Anyway give me a yell on direct message or a phone call (I have a different #... I'll pass it on in DM if you want).... Good to hear about the CUE info though. I will certainly take note of it. Bob/Sixthscents

Hang on. The veteran was already finally rated prior to the new exam. So the evidence did not exist during the rating period. At least that is what Durangkid infers when he says "backdate to that exam" and says the exam justifies a 20% increase and not the 10% he got. So, if the exam was after the final rating. Nope. I mean yeah he can use it as evidence for a new claim for increase perhaps, depending of course upon what it says. Yet this would be a new claim for increase, not reopening the old. So like you said originally it really depends upon the date of rating decision. If it was prior to 2013 then I see no way forward to reopen the original claim and backdate to it. However, as stated that exam might be sufficent to start a new claim but the effective date of claim would be the date filed. Also, and honestly GBArmy is correct in that the rater will order a new C&P based upon a request for a new claim of increase. So... you are correct OF the original rating decision was after this exam which would justify a 20% rating but not if the date was prior which is what the poster infers. Sixthscents

Yeah they typically do require it. On the plus side it will give you more information for your claim. Sixthscenst

Sounds like a solid plan. For your reference SMC is covered in CFR 38 under section 3.350. Now... I suspect that if they approve the TBI they will rate you 100% for the TBI and put PTSD as secondary to it, but that is of course for the future. As for evidence and proof of the TBI, there is plenty of guidance but the VA will accept veteran attestations along with supporting attestations from other soldiers in your unit. Of course medical records, etc. are always acceptable. There are plenty of ways to approach this but ensure that you have all your dates as close as you can confirm, and as much evidence as you can aquire. Best of luck! Sixthscents

Also important to note... In many state WITH property tax exemption there is a limit to how much they will exempt. This will also vary from state to state. Oh and the veteran must occupy the home... doesn't matter if they own two homes in the same county the county will normally only apply the exemption to the one the veteran lives in. Even if it it is to the county's advantage to use the smaller home (less tax to exempt) they will only cover the actual physical residence of the veteran and the property associated with that residence. This will also vary from state to state. Sixthscents

Basically PTSD and TBI share many symptoms and secondary effects. For example a person with PTSD can suffer from depression secondary to it. So can a person with TBI. Both PTSD and TBI injujries can also evidence and share many of the diagnosis under the 10 stautory areas of TBI. TBI can cause PTSD. So the VA will always default to TBI if it is the higher of the two and associate the secondary illness to it. The same is true to PTSD as well in most cases. If a veteran has several proven and distinct MH issues, as well as PTSD they will often group them under it to support a higher rating of the PTSD. If a veteran had both TBI and PTSD, the VA will default to the higher rating of the two (which is actually a good thing like he says) but... As Buck52 says there is a TBI SMC T category under CFR 38 3.350 (j) as well as Housebound or SMC S which is under CFR 38 3.350 para h3 (i). I think Buck52 calls this the SMC "wagon"... which I think is hilarious. Seriously read CFR 38 section 3.350 and it should answer any questions about SMC, well maybe. If not just jump back and I'll try to explain it in human speak instead of VA speak ok? In any case it looks like what they did was appropriate and correct (however to really say for certain we would need much more factual info ok?) Sixthscents