hypertension Need Advice And Direction

[Dolphin25]

I have until Feb 15th to get my Appeal in to the BVA for SAH and a Higher Level of Aid and Attendance.  After reading as much as I can on both subjects yet still need a lot more understanding.  When the RO denied me back in 2010 I requested the DRO review my claim and again was denied. I am receiving SMC at the "L" rate and was granted that back in 2002, however since then my condition has worsened greatly.  Now along with everything else I have incontinence and was rated 10% for that plus a loss of bowel control all due to diabetes neuropathy, severe degenerative disease of the entire spine with radiculopathy of the upper exremities and lower extremities, plus loss of use of legs. Since they granted me the "L" rate which is a higher rating than "S" I did not appeal my decision back then.  However, after reading Bradley V Peake I went back on my initial IU claim in 1997 in which I was granted a 70% rating upped to IU and then in 2002 and 2003 I was awarded 5 20% ratings and 2 10% rates and according to the rating formula that equals 73% combined rating.

So I have a 100% IU rating and a 70% combined rating thereby falling under the category of a 100% rate and 60% rate with loss of use of legs and loss of use of bladder control and bowel control.  Would that qualify me for a higher rating??Now considering all this what I now have going on is my BVA appeal and the following claims with the Regional in which I just had a C&P for medical and a C&P for Phsychological and coming up on Monday I have another EMG and Nerve Conduction Test all this is for the following claims:

•    Loss of use (bilateral legs) (Increase), peripheral neuropathy (Increase), diabetic neuropathy (Increase), loss of bowel control (New), incontinence (Increase), loss of memory (New), depression and anxiety (New), Ischemic heart disease (New), severe impairment of upper extremities (bilateral) (Secondary), persistent edema in lower legs, with varicose veins and discoloration (New), general malaise, weakness, lethargy, nausea (New), high blood pressure/hypertension (New).

I did not file for these claims specifically and don't know how they got included in a New Claim but these were filed a year ago and the only thing I know is maybe they took a letter I had written asking them why on my previous C&P's in 2010 they did not give me a rating on what the C&P Doctor stated for my diagnosis, if the letter can be inferred as a request for a new claim then that is the only way I know it could have come about.

So, my dilema is what do I tell the BVA because I am hoping some of these New claims and a request for increase on my present ratings could increase and that may add stronger evidence to my BVA Appeal..is there a way to ask the BVA to hold off on hearing my Appeal until I am rendered a decision back on these claims.  It should not take them much longer once all the C&P's are completed (I don't think).

Also, how would I go about requesting a "K" award for loss of use of my legs from my 2002 decision granting me SMC "L" since in the decision they stated due to "loss of use of my legs" or would that be giving me a rating twice for the same condition??

Shouldn't I have been granted SAH because of loss of use of my legs and upper extremities.  I was grated a HISA grant to redo the flooring in my previous home and since the VA has purchased me an Electric Wheelchair with an electronic lift and ramps however it is non-functional in my present home as it is too cumbersome and I need someone to put me in and out of it, which I don't have 90% of the time, in fact I have no one to help me, my wife can do some things but lifting me is not one of them.

I have contacted 10 or more attorneys to help me on my Appeal but all have stated since I have 100% Disability already they would be unable to take my claim, however when I pointed out that any retroactive pay would be considerable if I were granted a higher level of AA I could still not find one...anyone know of a good attorney willing to look over my claim??

[mysticcherokee usn vet]

have you called bergman and Moore? they do nothing but va, Mystic

[mysticcherokee usn vet]

i personally know nothing of them, just that they are all over this website. i googled and they do nothing but va work. good luck brother! sincerely, Mystic

[Teac]

Let me try to answer some of your questions.

First if you have been awarded loss of use of both legs you should have received the one time automobile grant, and lifetime auto adaptive equipment this should be an automatic award but sometimes it is missed.

Second, It doesn't look like you received the SMC L ( aid & attandence) award due to the need of someone assisting you, instead it appears you received SMC L due to the loss of use of your legs, therefor you will not receive a K award as well.

three, you must request the adaptive housing grant, it is not automatic and you will have to go to another C/P exam.

HISA really has nothing to do with your issues since even Non-service connected veterans are entitled to some smaller HISA grants.

as to Bradley v peake.... The va will argue that it is not a retroactive ruling. In fact, I have an appeal in the system right now based on the denial of A&A due to bradley v peake.....

Keep in mind unless your award letter specifically indicates loss of use was awarded as service connected you will not be entitled to any further awards......

added: contact the Veterans Pro bona consortium for legal assistance : http://www.vetsprobono.net/

They make take your case if they think they can win and it of course it is free... they one a case for me 5 years ago.....

Hope this answers you questions....

Edited February 7, 2012 by Teac