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TDIU, SMS S Opinions greatly appreciated.

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ArNG11

Question

I wanted to ask and receive input on the wording of my last form 9.  Any suggestions or critiques would be greatly appreciated.

"I disagree with the 02172016 decision.I disagree with the evaluation fo the neck injury as medical evidence of symptoms and severity are greater in degree than the 10% awarded. 20% would satisfy my appeal. I disagree with the effective date of the neck injury.  The injury was sustained in service and was a result of the HMMV ejection that occurred in the line of duty. I contend the VA had the DUTY TO ASSIST me in developing and including the neck injury as part of my initial back claim 08/02/2012.I disagree with the Special Monthly Compensation.I am housebound, my service connected injuries prevent me from being substantially gainfully employed. While I can leave my home for medical care I cannot leave my home for substantial gainful employment.I also contend that my injuries are permanent in nature and are not likely to improve.I contend that this would qualify and classify me as totally and permanently disabled.I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might and could make in deciding this appeal.This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

I feel this is complete, however, I wanted some opinions on the wording if possible.  Never give up. Slow is smooth and smooth is fast.   

Thanks in advance.

 

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Sounds good.  I would add that you meet the Howell criteria for SMC S.    Importantly, read the decision and refute, where possible their decision.  For example:

"While the VARO decsion dated 12-02-16 denied SMC S and stated as a reason s and bases, "xxxx reason", it failed to consider Howell vs Shinseki, where congress addressed this issue:

(Then Cite Howell criteria where the VEteran need only "not leave the home for work" to get SMC S, as opposed to not being able to leave the home at all.)  

Howell criteria is here:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

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Yes broncho, that is exactly where I am getting my references.   asknod does an outstanding job explaining these particulars.  Other than the references of CFRs and USC the information is golden.  I am putting to use and pursuing what I am legally entitled to since the get go.  For me it will only go to the last quarter of 2015 to the present, however, that is not a reason to pursue the entitlement.  

Edited by ArNG11
wording
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It sounds good to me Mr A

but you should take  the'' I'' out as your opinion because your not a Dr  so word that  differently as what the Dr's have written in their report about all your s.c. disability's.

use ''according to'' regulations CFR # (CITE THAT REGULATION BACK TO THEM) as broncovet suggested.

when we say or give our opinion to a medical fact its just considered as medical opinion/speculation.  You can say what you did  but following that up with'' and according to'' CFR Regulation & (cite that regulation.)

other than that

Your appeal disagreement sounds ok to me.

 

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Of your 90% CSC, which SC or SC's were addressed in your IU Award Letter as being the cause of your IU? Are you contending that (1) one of your IU SC's should be considered as 100% SC for an SMC S (1) Statutory Housebound Award?  Which One?

Was a VA A & A or Housebound Application completed by a Private or a one of your treating VMC Dr's supporting your Housebound contention?

I take it that your IU Award didn't mention "T & P No Future Exams?"

Your personal medical opinion regarding the permanence and/or degree of disability of your contested SC Ratings, is of no consequence in an appeal. Remember, as a Layperson the only thing you can testify as an Expert to, are your "symptoms."

Do you have Expert Medical Opinions (VMC or Private Clinician Treatment Notes) supporting your contended T & P nature of your respective Disabilities?

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On 11/20/2017 at 7:48 PM, broncovet said:

Sounds good.  I would add that you meet the Howell criteria for SMC S.    Importantly, read the decision and refute, where possible their decision.  For example:

"While the VARO decsion dated 12-02-16 denied SMC S and stated as a reason s and bases, "xxxx reason", it failed to consider Howell vs Shinseki, where congress addressed this issue:

(Then Cite Howell criteria where the VEteran need only "not leave the home for work" to get SMC S, as opposed to not being able to leave the home at all.)  

Howell criteria is here:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

Thanks for the reference.   I looked at that one. Definitely using in my counter argument.

 

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On 11/21/2017 at 7:46 AM, Gastone said:

Of your 90% CSC, which SC or SC's were addressed in your IU Award Letter as being the cause of your IU? Are you contending that (1) one of your IU SC's should be considered as 100% SC for an SMC S (1) Statutory Housebound Award?  Which One?

Was a VA A & A or Housebound Application completed by a Private or a one of your treating VMC Dr's supporting your Housebound contention?

I take it that your IU Award didn't mention "T & P No Future Exams?"

Your personal medical opinion regarding the permanence and/or degree of disability of your contested SC Ratings, is of no consequence in an appeal. Remember, as a Layperson the only thing you can testify as an Expert to, are your "symptoms."

Do you have Expert Medical Opinions (VMC or Private Clinician Treatment Notes) supporting your contended T & P nature of your respective Disabilities?

Let me get back with you on that.  I'll look up the exact wording on the decision. No VA A&A or Housebound application was included, completed or filed.   No on the awarding of P&T.  They did not state that in the award letter, I am not considered permanent since they listed a C&P at the 4 year mark. 

One of my IMO's does contend the permanent nature of the back and neck, however, not all service connected injuries were listed.  I contended that the nature of all service connected injuries are not likely to improve.

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