OSC

Matthew Hill · May 31, 2015

asknod responded to a post located here on hadit

This response made such a huge impact on me as to its importance; that I had to respond to it and start this thread:

asknod wrote:

You won because you took the time to learn the twisted system. Far too many come here and merely try to get others to do their footwork. Advice is one thing. Asking for a complete book of Cliff Notes is far more. No one is more invested in your claim, more knowledgeable than you about the actual facts, nor capable of bringing the proper legal arguments to the table. It took me 14 years to recognize my 1994 claim was actually still open in 2007 and not a "reopen". VA naturally fought me all the way to the CAVC arguing the opposite. Evidence is king. When they create a c-file, they inadvertently give you a Rand McNally roadmap of all their stupidity. You, of course, are tasked with the job of decyphering it and pointing out the errors. No VSO and few law dogs can find the "magic moment", let alone recognize its significance in your battle. I commend you for following Phil Roger's sage advice on the purchase of the VBM. That's exactly how I won. I went one better and "gifted" it to a young gal in Florida who won her 1975 CUE claim. Pay it forward. Now consider the next chapter--The Independent Living Program. A free computer is one of the obvious low-hanging fruits first off.

My response:

asknod…You sure hit the nail with that statement….And a homerun at that. When I finally received my “C” File it came in a box about 6 inches thick. I thought OMG I sure am going to have a good time here. (not). I took this huge mass of papers and put each piece of paper in its correct order and place. This took many nights, but Oh so worth the time.

After putting it all in order, I made a working copy of every section so I could make notes and still have the “clean” originals the VA sent me. Of course there were lots of holes in what was sent (of which I made note of) and some duplicates.

Then I went though each and every piece, looking for ANYTHING that might help my case, making notes with different colored pens as to what I considered relevant and the level of importance. And since I am a packrat, I also had some of my old SMRs from when I was in the Navy, which I used to fill in the holes, and also all of the VA denial letters (which also were in my “C” File). A yellow pad was used to keep track of ANYTHING, no matter how small that might help me win.

The VA had denied me, for Hypertension among other things, when I first submitted in 1992. Then during the C&P of January 2012, the doctor put down that the primary cause of some of my major contentions was Hypertension (BUT, I was not Service Connected). So, now I needed to figure out a way to Service Connect my Hypertension.

And then I found it….My MAGIC MOMENT. So in going through my SMRs from the “C” File, page by page and entry by entry, I found all of my Blood Pressure readings. I wrote then down as to date, time, reading and the reason for visiting the Sick Bay.

A C&P was conducted in April 2013 where I took all my findings from going through my “C” File including a list of where all of my Blood Pressure readings were located in my SMRs, for the doctor to look at. He could then compare and verify the readings from my list to his copy of my SMRs and then enter the information in the C&P report. The doctor DID IN FACT make the judgment that I had Hypertension while on Active Duty and thereby Service Connected me for benefits.

If I had not gotten my “C” file, I never would have gotten the ammo to fight the VA. Yes, asknod is correct when he says that the VA gave us all a map and it is up to us to use it for our claim.

OSC

Andyman73 · May 23, 2015

Thanks for the info Hamslice. Navy and Pete I don't need sympathy. I'm a fighter bros. I ain't broke, just fighting for what I freakin earned!!! I don't need no stinkin bankruptcy and don't feel sorry for me. Either help with some productive advice or stay in the bushes and watch!

Just to let you know...I misread that word Backpay for Bankruptcy the first time I saw your post. The two people you just chastized are senior people on this site and VERY knowlegable regarding the VA, so I recommend you lighten up a little when seeking help...which is the reason we are all here.

OSC

May 22, 2015

Glad to hear of another win for the Navy....Congrats.

OSC

May 21, 2015

Can anyone tell me what the advantage of having a 'veteran' ID card if not retired? This doesn't give access to commissary etc - so...hmmm?

It will get you either a free or two-for-one buffet in Las Vegas on Military holidays.

OSC

May 21, 2015

I downloaded and read quite a bit of this huge file.

A couple of suggestions:

1. Pick out one or two of the most serious contentions to go after instead of 20 as I think it may make a happier rater. You can always add more later.

2. From what I read in most cases, the VA needs new and compelling medical evidence of your contentions; so get new medical evidence.

3. Make sure you go to their scheduled medical appointments. There was a mentioning of a missed appointment which is "Claim Suicide" giving grounds to the VA for denial of your claim.

Good luck in the future.

OSC

May 19, 2015

If the TDIU is based on DM2 as the primary agent, the nephropathy could be used as the springboard for the extra 60% if it has nothing to do with the DM2. It provides the extra 60% above the TDIU. You must be AO presumptive with DM2 and IHD.

Yes, I am AO presumptive with IHD and DMII.

The Nephropathy is DMII related.

The Hypertension itself is zero; but I take 2 VA medications for it; which got me the PAD, surgeries and scars on a previous VA-Go-Round and finally compensated for this time in the Nephropathy.

Like I mentioned earlier, I am concerned about any lowering, as I have had one already (PAD Right Lower from 40 to 20) which is why I am bringing it to the board for your opinions before stepping up and doing another filing.

OSC

Buck52 · May 19, 2015

I'm not seeing a 100% or TDIU rating. Which exact disease is the P&T based on? Remember, 100% is not the same as TDIU. They pay the same but there is a vast difference in what is protected versus a future rerating. Tell us which disease is the predicate for your Permanent and Total so we can add the balance/type of diseases and injuries to determine SMC-S eligibility. Many forget you cannot add up like disease processes (all those PNs for 60, 40, 40 and 10) if they are related to the DM2.

If you are doing insulin and the doctor has regulated your activities, you should be able to lasso in DM2 for 40%. FYI.

I went over my letter again looking for something that would state what disease they are using for my P&T, but nowhere does it state a specific disease. It also appears that I am one of those who forgets about adding up like processes as all of those PNs are DMII related.

Appreciate you looking at my numbers...I will leave everything alone....I don't want to take the chance of a lowering (I have had one lowering already) of any of my percentages.

Thanks everyone.

OSC

May 18, 2015

I realize there are quite a few threads going on about SMC and I didn't want to hijack any of them with my question...Which is pretty simple (LOL) Am I eligible for SMC based upon my last VA award???

60 Nephropathy w/Hypertension

60 PN Upper Left

40 PN Lower Left

40 PN Lower Right

30 IHD

20 DMII

20 PAD Lower Left

20 PAD Lower Right

10 PN Upper Right

10 Scar L/R Carotid

10 Scar Abdomen

0 Hypertension

0 Surg Rt Ring Finger

100% P&T plus SMC (K-1)

OSC

May 16, 2015

Got it. Your game plan has to be the Crohns. It's service connected, it's the proximate cause of many of your health issues. It's an autoimmune disease and reflects what is horribly amiss in your body. Put a fork in all the extraneous back,neck, knees etc. Let them ride unless you have an inordinate urge to self-flagellate. Get the workups from the gastroboys and present it as a fait accompli. Your core of your being and life will be compromised with a colostomy/ileostomy. I know whereof I speak. I had an ileostomy from 5/2009 to 3/2010. A colostomy is no different but it's on your left side. It's the end of life as you will ever know it, sir. Infections. Leaks. Soiled clothing. Soiled sheets. Hell, I can't list it all here. Regardless, it's 100%. You do not have to wait for that. Be proactive on any one of your diseases that lead to permanent and total. I could have filed for the Alloderm they patched me up with but what do I need with another 100% 1151 claim? I sure didn't need the extra 40% I got last month for Fibro but it was a strategy that paid off way too late. I now have the SMC I sought from 1994 without it. You need to focus on your future and your wife/family. I prepositioned for 38 CFR 3.350 (f)(4). I suggest you do the same now rather than wait until you're my age to do so.

Always remember one thing. This is a game of peanuts. VA gives you a small pittance for what they got out of you in war. You gave all. You get peanuts back. File for pecans, almonds, Brazil nuts, walnuts or whatever, but file for the expensive 100% ones that you earned. You have no idea what that Crohn's has in store for you. I suggest you either take your protein pill and put the helmet on or consider that Remacade drug. I doubt VA s going to cotton to the idea if $5,400 a dose every six weeks though. Plan ahead like your life depends on it because you have no idea of what a $hitstorm you're sailing into. The only thing you have going for you is you're Navy and know how best to be sailing around in the Poopy Sea. Best of luck. You will need every once you can summons.

Let me add my vote to what asknod just said.

You need to be pro-active and concentrate on ONE area at a time, then the chips will fall for the rest.

When I first started I had listed maybe 18 items, going in every direction.

One day after waiting for what I thought was an eternity, and after calling my Congressman for help, I received a phone call from the VARO. The person on the other end of the phone told me that since I had listed so many contentions that my claim was going to take a lot longer to close or we could close it today if I want to agree to defer some of the issues and delete a couple of others and then I could add them later with a new claim.

Well of course I agreed to that just so I could get at least a little amount in my bank account.

After that claim closed, I reevaluated what I was doing with a lot of help from the board and got things eventually completed.

Just keep going full speed ahead in ONE direction.

Good luck with your claim.

OSC

May 16, 2015

Hope you get that P&T soon. I am just seeing now how it really changes things with those extra benefits.

Keep up the fight.

OSC

May 3, 2015

Id rather have a working member over a thousand bucks a month. Lr t alone 200$
I had a beautiful gf who I really liked. After a month we decided to make love for the first time.
ED showed its face..she left and I never heard from her again.
Good luck

I feel very fortunate to have the GF that I have. I am 64 and she is 28.

She understands my ED situation and has no problem with it because there are other things that we can do, that she loves. We are on our 2nd year of being together and we are having a great time.

All you need to do is become creative and then the ED issue goes away....That extra SMC-K $100 helps.

OSC

April 27, 2015

ranger11bv, what are the exams for ? and then look at the disability
form use for that disability so you will be prepare. I wish you luck
either way but if you need some help about the process of the exam just ask

I fully agree with the above.

Find the DBQ for whatever the C&P is for...fill it out completely, as much as you can...then take it with you to the C&P.

This way you will have an idea as to what they are looking for and have the answer at your fingertips.

Makes it go a lot smoother when you are prepared.

OSC

April 26, 2015

Congrats....I know that feeling of relief.

OSC

April 25, 2015

Well the good news hit about a month and a half after my arrival in the Philippines.....100% P&T.

Thanks for all the encougagement everyone, it was well worth the wait.

Yes I think things are getting MUCH better with the VA, I hope it all works out the same for everyone here.

OSC

Buck52 · April 25, 2015

After a lot of waiting and 4 tries I finally got to the triple didgets....100% P&T.

Thanks to everyone for their help and support.

That feeling of relief makes it all worth the wait.

Good luck everyone.

OSC

Jerrel · April 7, 2015

It may be old but if one or two vets just find out about it, it's well worth posting. Ranger11bv should be commended on his posts, not chastised for the age of the content!!! jmo
pr

Well I'm one of the 2 vets that just found out about it (Thank you very much ranger11bv). I'm sure that #2 is out there somewhere.

OSC

March 27, 2015

A quick update:

Met my new PC and staff in Manila; had a full physical and meds updated.

Then had a C&P which was very well done plus 3 more C&Ps are now scheduled...2 today and 1 next week plus scans scheduled at a hospital nearby.

VERY efficient and well run...even left the VARO with a bag full of pills for the next 90 days.

Then last Thursday finally had the last of the scans (Hopefully).....Now the Hurrry-Up and Wait game begins.

If my last claims are any indication, then I should know something in the next few weeks because things have gone pretty fast after the C&Ps.

The saga continues....

OSC

March 27, 2015

Again thanks for that idea.

As I said before I am in the middle of another claim...in fact you can read a little about it here

So as soon as I see the results of this claim, which is now going pretty fast, I might need to use your idea adding it to an appeal if necessary. I do remember seeing some case law regarding similar situations when I was lookinf]g somethinf else up.

In the past, my claims have been ususally decided about 3-4 weeks after the last C&P so I see nothing different here to change that kind of timeline. Of course someone may want some other test, so I'll deal with that then, and I'm not sure what little quirks the Manila VARO has since this is my first dealings with them because of my move to PI.

Will keep you informed.

OSC.

March 26, 2015

osc ? i see that you are only 90% SC and im wondering how ? did you not get any bilateral factoring in this ? just seems crazy to me that you could only be 90%

Paul,

Never thought about that one, interesting idea.

I have a claim in right now for a new contention and increases of a couple more that is in its final stages as I just finished my last C&P. Now it is just the wait and see game.

Thanks for this idea, it may come up in an appeal if necessary.

OSC

March 26, 2015

My last one came up 3 days after the final ultrasounds that were ordered at the C&P the week before.

OSC

March 8, 2015

Sorry about that....I do know better about submitting incomplete info to get an answer.

I will try to make this as simple as possible:

During a C&P for my lower extremeties for a brand new contention, the doctor requested additional lab tests which included a new ultrasound on my legs along with a new Ankle Brachial Index (ABI). Since I knew my old ABI numbers from which part of my compensation for an older contention was based upon, I asked the tech what these new numbers were...well the new numbers showed improvement of my older condition.

So my question is, because of this improvement of these ABI numbers, can my compensation of my older contention be lowered. (Obviously the degree and amount of improvement may have a bearing on this)...even though the test ordered was for my new contention?

OSC

March 7, 2015

Called in for a C&P for a new issue.

Doctor decides she needs some medical tests which are ordered and completed.

Med tests show medical improvement of ANOTHER rated area.

Will VA lower rating due to this improvement???

If so how??

OSC

February 18, 2015

Well, now I finally have time for an update.

So after many emails back and forth between me and the big bosses plus 3 phone calls which were initiated by the VA, everything is going smoothly.

I have finally arrived in the Philippines. And this VAMC/VARO is very different than what I am used to in Las Vegas. This one seems to be run VERY efficiently.

After going through a security system, similar to airport screening, to enter the VA compound (probably because this is outside CONUS.), there is an information desk manned by 2 guys: one side for VAMC and the other for VARO. I talk to both of them and they hand me paperwork to fill out and I will be called into the back. After a few minutes, I am called, where I sit down with another guy who is inputting all my info into his computer. After a few more questions, I am scheduled for an initial physical for the VAMC side and told that I will be called for a C&P later for the VARO side. VERY EFFICIENT.

Now, less than a week later, I receive a phone call scheduling my C&P and here is the kicker…it will be on the same day as my VAMC physical. OMG something that really make sense to schedule for convenience of the vet.

This might REALLY be the new VA.

OSC

January 27, 2015

I've been to the new and improved site and while not perfect, I think it is much improved and easier to navigate.

It will probably need to be tweeked here and there for everything to operate correctly, but I think they are finally on the right track for a workable site as long as the info being shown is correct..

Nice to see the improvement.

JM101

georgiapapa · January 21, 2015

WOW......Well apparently my email with the post attached struck a nerve with the Bosses.

2.5 hours after I sent the email, I have had 3 responses.

Looks like this new upper management might actually be looking out for us and actually get some of these problems fixed which will be a very welcomed change. I know it won't happen overnight, but I'll be satisfied with any kind of steady improvement.

Appreciate all your help and moral support out there.

Will let you know how it all ends up.

OSC

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