Dot09

This has helped me since 2009 and am glad I found it as I have also started to share my trauma experiences in the social tread recommended by my therapist as we are shielded from our identity. Not sure how long until I delete it but for the moment it is up for those who maybe I interested and sharing their own. Anyways I’m glad I was able to find this site and will donate when I’m financially stable.

From my understanding you have to be not working for your premiums to be paid. But by all means apply I could be wrong.

View All Your Content view-all-your-content.mp4 View Members About Me if they filled it out, if not it will not appear. view-about-me-on-members-profile.mp4

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I wish my content tab would go all then back to when I started this site not just the year. I also would like a tab that could look at another users all his/her content going to when they started this site. also add the about me to our profile. For some reason you can fill it out but is not visible

Bronco Thanks. I wasn’t trying to call you out. I just couldn’t remember exactly what you said in your post. The only thing I do remember is that since your sleep apnea didn’t count towards the 100/60 you should have not bothered filing the claim. Vync Thank you for the links

My assumption would be yes if it is not in remission but I’m sure others will chime in to help.

Response from my attorney You can count secondary conditions towards the 100/60 plus requirement for smcs – any service-connected condition can count toward either part- 1) being a single disability that is 100% disabling or 2) being part of additional ratings that combine to 60% or more Bronco This is conflicting with your other post that you can’t count secondaries. Where or who told you that you can’t?

Bronco How did you discover this information and what ever happened to your appeal with smcs ?

Thank you dustoff for your reply. Yes I am definitely going to follow my attorneys advice. It’s just so hard after 19 years doing my claim to just stop but I need to have trust in my attorney.

Sorry I just realized it is too late to submit anything new and relevant.

In addition my attorney believes I don’t need a vocational expert opinion but I do. I just want to put the final nail in the coffin to shut them up. What are your thoughts on getting a vocational expert opinion stating that I can’t maintain substantial gainful employment due solely to my mental health at 70 or 100 percent. P.S. All my evidence is due 11/2/23. Do I have time to schedule and complete a exam? Can my attorney absolutely confirm my case will be successful. Therefore I would like to spend the 500-600 dollars to ensure my case.

Kingdom Any updates on if you filed the paperwork?

Andy man congratulations on your cue. I’m now filing my first cue. If you want you can look at my post below.

Andy man He gave you excellent advice. There should be a pain motion and range of motion. They are supposed to account for flare up. If they assisted or did not use a tool to measure your range of motion you should ask for a new exam because it was inadequate. Try your best to account for your worst days. I wish you best of luck

Pac-Man Actually my attorney is dealing with this now on my cue and increase for mental health. She needs to get the tdiu separated from the shoulders. Because currently I am tdiu for bipolar and right and left shoulder. I need it to be for one condition alone which she has great hopes for. Basically it needs to be tdiu for mental health alone. Basically she is filing a cue because the VARO did not submit my imo or dbq to the raters even though it was logged in the vbms database. The records in 2014 showed that I was at the 70 percent rating displaying occupational and social impairment in work, family, and school ect ect. The VARO violated the regulations when they decided to send the first three pages of my imo of my shoulders and failed to forward the other five pages on mental health and my dbq completed by my psychiatrist of 8 years. In the 70 percent rating it is clear that occupational and social impairment in work, school, and family is a major point that shows an individual cannot maintain substantial gainful employment. Therefore I am asking the BVA to consider that my mental health alone renders me unemployable. In addition to filing a cue claim if that fails I also have a increase claim for mental health in which she is also trying state that I should be tdiu for mental health alone. So basically if the cue or eed doesn’t succeed it will win eventually for the 2022 claim for a increase to 100 percent and smcs. So my bases are pretty much covered and it’s just a matter of getting a earlier effective date. I also could be denied from the 2022 increase claim but still being at 70 tdiu percent that still warrants me smcs in which I am unable to maintain substantial gainful employment. Regardless if I get the increase to the 100 percent for mental health that still precludes work and if I keep tdiu and receive smcs that also precludes work. All in all my service connection disabilities prevent me from working and I have no intentions on going back to work. I would be setting myself up for failure for possible reviews for reduction, loosing my tdiu, loosing my smcs and my ssdi. Therefore at this time work is and will be out of the question. P.S. My attorney didn’t believe it to be necessary to have a vocational expert evaluate me on how my mental health affects my substantial gainful employment. Personally I would have liked to do it to put that file nail in the coffin. I believe I have all the right evidence to win my claim. Also thank you for always responding to my post. Much is appreciated

I noticed a post a while from bronco stating that when determining SMC secondary conditions can not be used in the calculation for the 100 plus 60 for SMCs housebound. For in stance if I had a rating of 50 percent migraines secondary Bipolar 2 Panic Attacks then the 50 percent migraines could not be used because you are not separate distinct from the service connected condition. Is that correct? My current 97% rounded 100 % schedular p/t -70 percent bipolar 2 panic attacks- tdiu counts towards 100 requirement -30 percent right shoulder-counts towards 60 requirement -20 percent left shoulder-counts towards 60 requirement -10 percent right wrist-counts towards -60 requirement -10 percent left wrist-counts towards -60 requirement -10 percent tinnitus -counts towards -60 requirement -0 percent right ear hearing- does nothing -0 percent erectile dysfunction- does nothing -50 percent migraines- does nothing because it is not separate distinct -50 percent sleep apnea- does nothing because it is not separate distinct Claims yet to be filed -Gerd secondary/aggravation shoulders medication NSAIDS/benzodiazepines/antidepressants/bi polar panic attacks stress/obesity -30 percent Diagnosis- gastroesophageal reflux disease-2017 30-Persistently recurring epigastric distress with trouble swallowing, heartburn, and regurgitation, with substernal or arm and shoulder pain, resulting in considerable impairment of health -IBS secondary/aggravation Gerd medication Malox/bipolar 2 panic attacks stress/shoulder medication NSAIDS/antidepressants -30 percent No diagnosis 30% rating for people who suffer from severe symptoms. Alternating diarrhea and constipation, consistent diarrhea, and constant abdominal stress are all considered severe symptoms under this rating. -Cervical strain aggravation right/left shoulder inflammation and flare ups -0 percent Diagnosis- Neck pain-2011 -Lumbar aggravation right/left shoulders over exertion -0 percent rating Diagnosis- displacement of lumbar intervertebral-2016 -left hearing loss of direct/ secondary/aggravation tinnitus -0 percent No diagnosis In total if awarded it would bring me to 99% schedular combined bringing a 100 % schedular p%t Also my Right shoulder, Left shoulder, Right wrist, Left wrist, and tinnitus will hit its 20 year protection in 2024. I will wait until then before I file my claims. In the mean time I will continue to be treated and document evidence to strengthen my claims. P.S. since I’m being represented by an attorney for a BVA appeal on my CUE from 2014 and an increase in Mental Health 2022 claim. I’m sure it will be a couple years before they decide. That will allow my protections to settle in and then I will file.

Sorry bronco I referred you to the wrong post. This issue is settled.

I’m sorry if I gave that impression that I was trying cue on the examiner. I was only asking if I could send additional evidence in with a cue to discredit the dr but have come to the realization that it isn’t possible to submit anything new. Thank you for responding.

I would have to agree with Pac-Man. Again what is it that you filed for you don’t mind posting?

Chief Do you have anything else you would like to know?

Yeah I always thought ace exams were review of your records only. Just that you need to have your phone by you in case the had a question.

Either the Va has enough information in your file or that you recently attended a c&p exam and they are processing it. It’s best that you don’t worry about it and let it ride. What did you file for?

Bronco Clear and unmistakable error (referred to as CUE) involves a situation where the correct facts(I.e. my imo and dbq) as they were known at the time were not before the VA or the law and regulations in effect at the time of the VA’s decision were not applied correctly. P.S. sorry if it seems that I am argumentative I’m really just confused with cue is all. I think I have an idea but am then thrown off. I understand it is always better to refile than file a cue because benefit of doubt is thrown out but all I have now is to file cue since it has been so long and since my time has since passed to appeal.