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  2. If you file the supplemental claim, and are awarded benefits, you can appeal the effective date. It "would" appear your c and p exam 30 years ago would substantiate your position you applied back then, but I cant say for sure if that would be probative or not. You would think so, after all, the VA doesnt do a c and p exam if you have not applied. Your effective date is the later of the "facts found" (which normally means the date the doc said you were disabled) or the date you applied. I will take a WAG that your c and p exam could be proof you applied 30 years ago. The denial may or may not be relevant. Again, see the effective date rules: The later of the facts found or date you first applied. So, the C and P exam could establish a claim date, or nearly so, and the doctor will have to provide a date HE thinks you were disabled. I say go for it. You will probably need an attorney to win the 30 year effective date. It would appear the "supplemental claim" would not hurt you. Is there "new evidence" you can submit?
  3. There is some good news, but please start your own topic so we can point you in the right direction. I'll initiate some of that good news on here. #1. Don't beat yourself up over something that you did or didn't do. #2. All the other issues you are having can be secondary connected to Psoriatic Arthritis, once you get it service-connected. #3. Since the pain is severe enough that it is causing you to not get sleep that is called Insomnia; you can claim that secondary as well. Is this condition also causing you to have Depression? This can also be claimed, as secondary. The Insomnia and Depression will be combined because both are mental health disorders. I'll explain further once you create your own topic.
  4. I think it depends on VAMC you are working with. My wife gets paid monthly for my bowel and bladder care. If your VAMC has a separate program like ours you could get help then, good luck!
  5. Kihr make your own thread. So that others that post won't get confused.
  6. If you want to speed things up, you can download the DBQs yourself, and seek private physicians to do them. I did and HADIT with the C&P exams that are all denied. So I went to the RO and complained and the dude said that I was jumping the shark and my gut was wrong. Sure enough it was denied and the C&P examiner still gets paid, total waste of tax payers money.
  7. I didn't think 12 /21/19 was here just yet...Lol I figured it was typo.
  8. When you have an attorney, its difficult for us to say, "Oh, your attorney should have .........." , when we have not so much as even seen your file. My advice is to follow your attorney's advice. All mental health disorders are rated under the same schedule..PTSD, depression, bipolar, etc. etc. Once service connected, you are rated on symptoms. Apparently, your attorney feels your symptoms of mental health disorder(s) deserve higher than 50%. I will show the schedule, and you know your symptoms better than I do: Note, it sounds like several of the disorders you mentioned are on this list:
  9. Bronco is correct on all points. Once you are divorced she gets nothing. In fact, the increase when you marry is for you not her. It is supposed to compensate you for another dependent you need to support. Same with the kids; unless they are disabled or going to school/college, the additional money for that stops as well. Same story; the money is yours to help support the kids. And its is considered "fraudulent" if you continue to collect for dependents once they are no longer are. Once they find out, they take it out of your disability check. And they can be pretty nasty about how fast they want to take it back. In fact, there is pending bill in Congress to regulate that and other overpayment mistakes the VA makes that the veteran has to pay back.
  10. Remember 80% of something is always better than 100% of nothing. If you pick a good attorney (research them before hiring) you will find it was money well spent.
  11. I reviewed Alex's document on SMC errors. Its thorough, and persuasive. I can not imagine this not working. I plan on using "chunks" of this narrative for my own SMC S..which VA did not adjuticate until much later. The idea is Im trying to get SMC S awarded, then go after the earlier effective date. So far, I have not been successful in getting SMC S awarded. Im expecting a board decision on that sometime in the next 24 months. I wish I had the ability to write such a persuasive letter, but I think I have lost a step. Its probably Partzheimers. (Alzheimers but only part of the time.)
  12. LOL That was a typo Broncovet . Thanks
  13. Wow thanks that is helpful information! Currently GS ... taking new job over in Graf. But any further claims.. I guess I would have to head over to Landsthul to get a C&P ? Tks
  14. This is most likely your best option. No one likes to give up 20% of their award but VA attorneys work hard for their monies. Some attorneys will turn you down but if you are turned down by one another might take your case so look around if this attorney does not take your case. I recommend you ask your attorney if they are accredited by NOVA. It is an organization that veterans attorneys can join.
  15. Here's another approach to SMC errors (attached). I just filed it yesterday. I don't consider failure to award SMC a CUE. It's a pending claim awarded when the evidence supports it. As the CAVC said in Bradley and Buie both, you do not have to file for it as you would a claim. 10182 extra pgs PRELIM.pdf
  16. I am preparing to deliver a fully developed claim having submitted an intent to file declaration about 9 months ago. One element of this application was a request to reopen a case which had been denied about 30 years ago. Intended to submit new material and relevant evidence and request an effective date to the original claim. My understanding is that with the new changes in the system FEB 19, 2019, I would be required to file a "supplemental claim" and forego the original application date 30 years prior. (https://bit.ly/2KkGgXu) I have no record of the denial. The VA Regional center had no record of the denial or even the application. DAV had no record. VA hospital locally had no record with my initial records request 2018. But a few months back I pressed the VA records folks a bit and they did some digging and found the record for that initial comp & pen exam...still awaiting delivery of that. QUESTION: file the "supplemental claim" due to the new regulations and forego the earlier effective date 30 years and request it to be the date of my "intent to file"?
  17. Tbird, How can we ask a question about something that was said on the Hadit podcast? 

    James Cribbs and Ray Cobb were talking about a Podiatrist that wrote a letter. Who is it? 

    Im 30% for my feet

    thanks,

  18. Please do not allow them to claim you have bi-polar and narcissistic personality traits. I would get an IMO from a private psychiatric doctor. The bi-polar would open you up to some serious medication and the narcissistic personality traits are unratable since they are a personality disorder. The VA claimed I was somatic, narcistic, obsessive compulsive, borderline personality, and several others before they rated me as PTSD. This is a sad fact of VA mental health medicine sometimes. They just throw things up against the wall and see what sticks.
  19. Tbird, can you use a wireless mouse and keyboard to work from a chair? Your monitors should be big enough to see if you are close to the desk.
  20. I won an appeal for PTSD, unspecified mental disorder and depressive disorder last Oct and was rated at 50%. My atty filed a NOD for Increased Rating, Mood Disorder. I recently completed a psych evaluation and the tests and psychologist gave a "diagnostic impression" of Bipolar I, by history -- Cyclothymic Disorder currently -- Narcissistic personality disorder. My question is if I should file another claim for the Bipolar stuff, or is it just additional evidence for the NOD? I sent a copy of the Evaluation to my case manager but haven't heard back yet so thought I'd ask you folk. This was in the report too. I disagree with it. I had read about this before and was aware of it. I did drowse off a little and had to go back and redo about 30 questions (finger on the 2 key). That was also noted in the report. Thanks!
  21. You posted: This is an amazing Rep. He is able to predict what he (will) tell you this coming December. Since he knows what will happen this December, maybe he can give me some advice, too, on what will happen in the future? Maybe not. You probably meant 12-21-18. Nobody likes the "snails pace" VA moves at, including c and p exams. I think it may be too late to get any c and p exams scheduled for January, 2019. But you may get one scheduled in June, 2019 or later. My suggestion is you dont fret over the date that ebenefits says..or that your rep says. You probably have more serious problems to worry about. There is not much you can do about "changing the date" of the c and p exam, but you can try a phone call to your rep explaining to him what you did to us. That is, if you can get him to return your calls...I havent been able to get a VSO to return calls ever. Their phones must be "one way" phones where you can call them, but they cant call out except to solicit donations for VFW, DAV etc.
  22. I am happy to say an attorney is reviewing my case as we speak.....or having breakfast first.
  23. I agree Bronco. They failed to rebut the presumption of soundness on this one. I have contacted an attorney who is reviewing my documents as we speak. I believe this would be a C.U.E. also. I don't want to try to reopen or submit a supplemental claim as I believe it will ruin my chances for an EED.
  24. You also might want to throw in Bradley V Peake as well: https://community.hadit.com/topic/70502-smc-s-and-bradley-vs-peake/ Unfortunately I have based my opinion , that this is a CUE, based solely on what you have stated here. The basis of this type of CUE is that SMC S is an inferred issue, and that it was not' considered 'at all by VA, which is different than being denied for SMC S. "Not considered" means they VA did not even mention SMC at all. I bring this up because , since October 2018 I did something I said I would never do again- A vet had a horrific FTCA situation on line at many new outlets and was desperately trying to find others who had FTCA situations with the VA. I contacted his lawyer, and the lawyer said he would call me back to discuss the issue.. It was the most egregious Violation of VA case law I have ever seen.The lawyer however never called me back but the veteran did get in touch with me---long story , lots of work, lots of time wasted......yesterday his new Bill was posted on the net, I have a similar Bill with the H VAC, these bills are for any veteran or survivor of a veteran,who has received a FTCA settlement or 1151 award, to get proper NPDB notification from the VA.That is the only way future VA negligence and malpractice can stop, from the same doctors, etc, who do not get reported. I asked him 3 times if he got a 1151 award and he somehow never answered until not to long ago-but when I finally got a better picture of what happened,I began to withdraw my help-and started dealing with a vet org guy who understood the case--but did not understand my legal point of view- I found out yesterday, in a new news article, that what the veteran had told me, as to the small payment he got, for the malpractice was not at all a small payment. I have no idea why he didn't tell me the truth, because I had reported this incident to the GAO.It follows what their last GAO report on NPDB shows. It still remains as the worst violation of any veteran's rights I have seen yet. But I learned a lesson AGAIN. The documented facts of a case are everything. When we hear what VA said ,it means nothing- because it is their own documented words that hold their reasons for every decision. I sent out FOIAs to the OGC to get the true facts of the case but probably will not ever get them. I believe very much that those who post here are telling us the facts as they know it. But again I started to opine on the situation Nvet stated, but we have not seen the decision, so I might be all wrong on the CUE I perceive. Nvet- can you scan and attach the decision that did not consider SMC? Cover your C file # name, prior to scanning it. If I am not here, others will help-
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