jfrei

yeah just received the decision not enough records for aid ad attendance which the RO and the VBA said I needed a 21-2680 filled out by my doctor which was what they wanted not the C and P they sent me to labeled for aid and attendance. But my doctor said he really never filled out one for so he just wrote the 5 dxs the C and P listed OCD, PTSD, sTBI, and migraines. Very little else in the form of what he was checking off other then checking off the need for medication management and preparing my own meals. So instead of waiting for this denial anyone have anybody licensed who knows how to fill one of these application out by reviewing my records? hopefully I can have it done and submitted soon

Yeha the denied because they couldn’t get my records they told me so I had to reopen a third time FDC submitted my 21-2680, statement of support, aid and attendance C and P exam, and some more evidence. I should have listened to the guys but the examiner swore I didn’t need the 21-2680 application but in the denial it said that’s what they couldn’t find. I had a note put in the VA system to give me two weeks to get them the application before a decision. But I wasn’t even given one day before they closed it out. So it’s all a waiting game at this point....

I almost gave up with this SMC claim issue filed 4/14/2017 here’s the run down. I was sent for an aid and attendance c & p on August 30 then they said a week later you forgot you withdrew the claim is week later in April in 2017. Aggravated I said why would I go if I thought I withdrew well the decision they gave me was no decision due to the withdrawal but said if it wasn’t done file a reopen/reconsideration in 30 days so I had to file A paper version at the RO since ebennies was down for maintenance. The person there instructed me to also file online and submit all the evidence I had and they would combine then and close the other claim as a duplicate. So 9/11 oddly was closed into the 9/14 claim with the same exam they closed the first claim from 4/14/2017. This is where i start to give up until I call the Whitehouse hotline who directs me to the VBA. She was polite I said I know I can’t ask you about the decision but can you tell me what I was missing that a positive decision would have been. She laughed well I can’t say but I think it maybe you need a 21-2680 application. I was frustrated because I asked the examiner of my aid and attendance exam she said it’s not needed but low and behold the decision states they couldn’t find an application in my records so they have to deny i recieved on 10/3. But the woman from the hotline sent me the application put a note in the system to give me two weeks before the decision is final on 9/28 so I was beyond made it was closed the day my doctor filled out the application on 9/2. I fill at times my head is going to blow so I then entered and reopened the same claim for a 4th time with the C and P exam and the application filled out by my doctor hopefully this is it I really am done driving my family crazy with this tedious VA knit picking my claim. Anyone else feel Alittle insane with the VA?

It’s like when you logon ebenefits and it says unable to connect I try again i always Logon three times to see if it’s a glitch or an update....

Sadly I know you don’t want to hear but I had to call 14 times every two minutes before they picked up. It’s seems to be my wife will say I’m crazy and I feel like I’m harassing them calling but OCD is a good and bad thing I guess drives the wife mad but gets my claim moving the insane way. Just call if you don’t get through redial wait a few minutes redial keep going the fight never ends....

IMG_3788.pdf IMG_3792.pdf well he said he wasn’t sure if he filled it out right he said he tried to transfer my C &P over but didn’t list all of the ADLs that were listed on the C and P so now I don’t know if it’s enough can someone tell me if this was enough?

Went to the RO Doctor is filling out the 21-2680 since I read the denial with a worker at the VA he laughed it says they denied because they couldn’t find your records. I then print out the C and P and handed to my psychiatrist to review while he was filling out the 21-2680. The VA worker also pointed out they put in a note last Friday saying to give me two weeks to get them the form but then they closed it out on Monday anyways tired of the circus the worker said don’t give up...not sure if it helps

Try calling their directors office..‭(202) 530-9149‬

Looks to be that way, now it may take a bit to get the retro they drag their heels figuring out your lawyers fees which if you have none it will go a little quicker.

If you do what I did and walk into the RO ask for the DRO working on your file. Try getting him to certify it to the Board and explain to him or her was my case about not having your hearing. And if your looking at anything over 25k the RO won’t fork it out no matter what anyone says. I had my (Philadelphia) DRO hearing and came back the next day in October 2015 spoke with her, it was certified to the board and I only had a BVA review but still May 2016 BVA granted my appeal which turned out over 125k. Make sure if you do speak with your DRO point out that he missed your that you were supposed to have a hearing which was crucial to how your facts were going to be laid out...

Sometimes the details of the disability you file for falls under another type of disability they compensate for or they don’t have something specific it would be called. Example would be trochanteric pain syndrome including trochanteric bursitis is the what they changed my one issue too, I filed for broken right hip.

21-2680 application for aid and attendance so my uphill battle has been nothing but a mudsling festival that I’m starting to become irritated with my 1 the VA and 2 the doctor at the C and P who said a 21-2680 wasn’t needed for my claim. So after they closed out the first claim in September saying I withdrew it in April of 2017 after they sent me to a C and P for it they reopened my claim in Sept 14 and I submitted all the same evidence as the last one they said I withdrew. Then I recieved a letter on Saturday the 29th to have a 21-2680 filled out by my Va doctor. Monday I dropped it off at the doctors and later that after noon they closed out my claim again. So I called the RO who reopened my claim yet again and will be resubmitting the form from my psychiatrist. This fighting back and forth is getting old not to mention I can be damn sure they will mess up my EED of April of 2017. I guess instead of asking my C and P doctor who did the C and P labeled Aid and Attendance I should have asked my doctors to begin with, so anyone else reading don’t make my mistake.

Score one for the whitehouse hotline. She said she can see the proposed decision but also see it states I'm missing the 21-2680 form. I said then why send me to a C&P addressed Aid and Attend exam. She said to be on the side of caution leave no stone unturned have a doctor fill out what the examiner failed to address. She submitted in an inquiry note giving me 2 weeks before the rater makes his decision. No more Peggy for me I am calling the whitehouse for all my needs... I know you all said do it I just thought the 14 pages of evidence and the C&P for aid and attendance would have been a comparison. She was helpful she also went in to saying I was the first person she has seen sent to the exam without the doctor filling out the form. Looks like to the VA I go on Monday she also recommened ebenefits as faxes take 10 days to upload.. another tip I learned having the form filled out 21-2680 and submitted into the claims is actually filing for it no 526 needed just the form... and evidence

It’s already been made total back on Nov 2016 they just got to SMC claim after I filed for an increase in it in 2017. It’s been a long fight but I know others have fought way longer then 8 years to finally get what I got already in those years. I’m sure your right Buck I’m just tired of them always finding a reason to delay things. Luckily they also said it was flagged for a hardship so hoping this last suspense date is the final one they have a current MRI and my tbi neuropsych that made me P and T done by the Va hospital entered into this exam. (If you are granted the aid and attendance it will be included with your SMC. However, SMC codes can be complex. It could potentially create a new SMC code that includes both the aid and attendance and the SMC.) was the RO reply

I was told it’s in the final stages awaiting the VA authorizes signature. The “he requires care or assistance on a regular basis to protect the claimant from hazards or dangers and daily environment due to my moderate short term memory and impulsive behavior” is how it’s worded isn’t that the only requirement and the fact it’s due solely from my sTBI and secondaries due to my TBI. How would that not be at the least L if not SMC t? I am told it’s been flagged for a hardship and should be completed by the 11th so guess I’ll know..

Sorry I didn’t post all 14 pages of evidence she cited and when she talked about my wife scheduling my appointments and cooking for me as I’ve been known to leave the oven running the whole night due to my memory issues. I have moderate short term memory issues and am to complacent to guard myself from daily hazard so my wife tells me not to do things so I don’t get hurt. Here’s s my recent MRI attached to the C and P as well this was from 5 months ago 12 years post sTBI.. IMG_3724mri.pdf

So here the last page where she lists dx not sure if it hurts me I’m hoping for SMC L? I know I could go for T but I’m taking one step up at a time I’m SMC S now...IMG_3723results.pdf 100% P and T residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes)

So here I was preparation for notification since Sunday and then 100 o’clock comes around and kicked back to pending decision approval... so alittle frustrated not surprised but wondering has this happened to many before? So I called Peggy she was actually forthcoming and said yeah the final approval said they didn’t mention anything about ADLs in the decision so I was like ok then... sounds like if that wasn’t mentioned how can it be a grant but she said just wait for the decision it’s still saying by Monday... I hate this. Cat and mouse game...

I don't mind finding a reasonable IMO but even a vocational experts opinion works well too that's all I had done for my claims only spending a few hundred dollars as opposed to spending almost 10k on a medical report just because it has to deal with a sTBI.....

Nope its how it still comes I gotten a big white and or a big brown one. Not sure if its set in stone the color of the envelope but in all of my claims/appeals I don't wait on snail mail. I live down the street from the RO and I would go there in person they print out your new decision since its been over 10 days it was mailed out. They can also answer the retro hiccup I'm just guessing but whenever theres other factors involved wit retro they drag their feet at the RO unless you help them out to get your money quicker. An example would be if you oweda large retro and its back dated and in the time of the backdated you were married or divorced you had multiple kids at different times or you had an attorney to help you file. If none of those applies I would get an answer from the RO in person if your able. Hope that helps...

But whatever you do don’t ask Peggy again anything if you can it’s more frustrating. But if your able too, I have always had luck actually going to the RO and see the person face to face. But then again I only live ten minutes away from the RO. They can and will explain to you the reasoning not some BS answer on the phone..

Pending decision approval today...makes me wish I had a life beyond OCD drives me insane thinking well what about this hour...

Sorry didn’t mean to sound like an a hole...

Not sure what the exam was for but I’m pretty sure you have to file for it specifically and if he didn’t fill out an aid and attendance application it’s just in records I have all sorts of records such as my wife regulates my meds and schedules my appointments they didn’t automatically give me SMC. But it’s good evidence for whenever you do file for. Unlike SMC S that they do give you if you meet the 100 and 60 requirement I know I never filed for it. Another tip file on ebenefits add new disability and search special monthly compensation and file FDC submit your specific records that state your need for aid. They may send you to a C and P regardless. Not SMC S and SMC L are two different animals S is inferred L isn’t.

Preparation for a decision it shows as of yesterday. Says requesting va medical records then they also closed it as well. Hopefully due to the fact I already attached the C&P into the claim and my other doctors words stating my wife makes my appointments. So at least I’ll have an actual decision with this claim whether good or bad...