asknod

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asknod last won the day on February 25

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About asknod

  • Rank
    E-8 Senior Chief Petty Officer
  • Birthday 04/01/1951

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    asknod@gmail.com
  • Website URL
    http://asknod.org

Profile Information

  • Location
    Gig Harbor, Washington
  • Interests
    TR-6 Sports Cars, old guns that go rat-a-tat-tat.

Previous Fields

  • Service Connected Disability
    290%
  • Branch of Service
    USAF/ Air America
  • Hobby
    VA Nonattorney practitioner. HCV 100%; PCT 100%; anemia 60%;Cryoglobulinemia/Fibromyalgia 40%, Scars 30%: Tinnitus 10%

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  1. tdiu

    See VA General Counsel Opinion 8-2004 page 5, paragraph (c). All your kids are eligible as well as your wife. She has to take advantage of it within 12 years. The kids are all eligible even if they go past the 26 year age limit. 45 months of financial assistance @ about $970 per month. Most states also offer free tuition so it nets out as a free college education. Congratulations.
  2. the Number to call in is 347-237-4819 after you get in just hit the number 1
  3. Not all VA attys. opt in to this system. I was going to until I saw the mountain of paperwork and the annual recertification. It requires a separate computer at home that isn't used like we do normally. You have to attend a "security school" at the VARO to do this. You have to go through annual recertification as well. It is time consuming and a lot of work to keep up to be legal. Smaller attorneys/agents opt out of it like me. If I want it, I send in a 3288 to the RMC via Janesville. I get them in about six weeks. To be anally correct, there are two different systems- VBMS and Virtual VA. All you get is access to read-only VBMS of your c-file in real time. And for the record, the only representative that will lie to you is a VSO representative. We, as private attys/agents are officers of the court and required to serve only the Vet. We cannot accept any offer or settlement from a DRO without running it by the Vet. Period. Look at 38 CFR 14.628-.634. VA will tell you there is no such thing as off-the-record bartering. I've done it several times. Appeal for 10 things and then accept a deal for 4 and give up on the tinnitus, hemmorrhoids and flat feet in a trade for TDIU to 2008. VA raters get points for wrapping this crap up that drags on for a long time-especially appeals. VSOs settle for 0%. With greedy attorneys or agents like me, they assign a Asst. VSCM or asst. RO director to you who mainlines your requests. I filed POA March 20th for a Vietnam Vet for 100% rating for his heart on IHD. I got a call from the Vet Eval folks this AM at 9. They are expediting his C&P exam to next week. The squeaky wheel gets the fix pronto. The more obnoxious I get, the more they treat me nicely. Off to Texas for NOVA conference.
  4. Berta and I need to take a class in prescience. For the record, if you got a 10>100<60% in one rating, what you have is an increase from 10 to 100 as a temporary rating and then 60 as a permanent (for now) rating. That is, technically, a Fenderson Staged rating but not quite. A true Fenderson would be a retroactive grant either via a CUE correction or a 3.156(c) decision. This would generate a gradual increase over a number of years based on available medrecs from the contemporary time involved. Any time you see a 10 go to 100 and back to 60% with no proposed reduction is due to a filing you sent in. Did you ask for an increase due to a surgery? Temporary total 100% schedulars are handed out, on average, for 3 months- maybe six if the injury is slow in healing. The follow on rating you perceive as a reduction from 100 to 60% is based on the residual medical evidence of disability. A proposal to reduce always allows a 60-day window for response. No proposal to reduce would ever be preceeded by a temp. total increase to 100%. It helps to include as much evidence as possible for us to ascertain what it is you are trying to comprehend. Perhaps a description of what the 10% was for would help. Timelines are very helpful also. As for a CUE, there can be no true "CUE" if the decision is less than a year old and not final yet. You have 365 days to file a NOD with a decision. VBMS only recognizes three things these days in Benefits land- The 526 EZ, the 21-0958 NOD and the VA 9. DBQs are recognized but that is a medical issue. 21-4138s float around in virtual space now. I had one client's from Oakland end up in Atlanta for a filing. DAV used the 4138 instead of a 526. The computer didn't know what to do. So, if you get a screwy decision, you file a NOD. There is no "reconsideration" mode or form. VSOs claim there is but all they do is refile for the reconsideration on a 526 and begin a new claim. You lose your earlier filing date this way. If you find an error on a decision from three years ago you never appealed, then you file for CUE. CUE is technically only for final claims. It is used loosely here to mean error at any point of the claim but an active claim cannot contain CUE but rather errors that have yet to be pointed out to the ignorant asshat doing the claim. You use the 21-0958 for that. Period.
  5. The basic answer is this. A psychiatrist works for VHA. Unless he is performing a c&p exam, his notes are not binding on a VA examiner who works for VBA. Having a 50% rating in 2009 when the notes were entered would have no preclusive effect on a rating less than 100% or IU. As for CUE, that is a horse of a different color. Absent your c-file, I would be loathe to venture a guess.
  6. Sorry, but that is incorrect. Here's how this works. Housebound, as defined by a shrink, is immaterial. VA rates you, based on your percentage, for SMC S (Housebound). Once you are rated as 100% disabled for bent brain, the next level of compensation above that is SMC S. Thus, you did not "qualify" for SMC S until you attained the 100% rating. Now that you have it, your SMC S effective date should, by law, be the date they granted the 100% -or May 2015. SMC is unique. You do not have to file for it. It is paid from the day you can medically prove you qualify for it-even if it is far in the past. Several years after I won my 100%, I also won an additional 60% (and more) retroactive to 1994. VA had to pay me the SMC S all the way back to that filing date. I have one Vet I'm working with who filed for seizures relating to 16 meds for PTSD in 1989. He finally won in 2013 but filed a NOD for an earlier effective date. VA never finished it back in 89. We'll win, I'm sure, but his effective date will be 1989 when we do.
  7. SMC (t) goes up to $2100/month. SMC R2 caregiver is $8,344.00 a month. SMC (t) is graduated usually into separate tiers of entitlement. Rarely is it paid at full freight.
  8. <<<Don't let filing Appeals interfere with filing additional SC Claims, big costly mistake.>>> Yes and no. If your claim(s) have been certified and a VA 8 issued, then what Gastone offers is good advice. On the other hand, if you have a NOD or VA 9 filed on a claim or claims, and you suddenly add new claims to the mix, the RO will develop all the claims together and certify them at one time together. This can result in 2014 claim(s) being "held back" until the newer 2016 claim(s) are developed to appeal status. They then package the whole enchilada up and affix the VA 8 to the combined appeal. The BVA does likewise. Occasionally, they'll remand a claim back to correct a deficiency or ask for a new c&p exam. The rest of the appeal sits on hold until the remand is complete and they adjudicate it all in one bundle. You can force them to do it by asking for a waiver of review in the first instance and requesting an up or down decision on the pending unremanded claims. Sometimes they listen and do it. Sometimes not.
  9. To get to R2 from S, you will have to meet all the requirements of SMC O or be totally disabled and have the last name of Shulkin. Being married to his daughter might work, too. I think I'd be concentrating on making the leap from SMC S to SMC L based on the need for Aid and Attendance as a preliminary goal. Use VAF 21-2680 as a template for feasibility.
  10. CUE

    Exactly. I was wounded in 70 as well. In 2006, my biopsy showed Stage III, grade 3.
  11. CUE

    Each stage (0-4) in the METAVIR scale is 10 -14 years depending if you drink/drank a lot of booze. More booze means shorter stage. A very moderate drinker who has stage two probably got it anywhere from 20 to 30 years ago. Stage indicates age/ grade indicates how fast it is turning your liver into hamburger helper. Grade One is slow damage Grade four is balls to the wall. The good news is after you do the new Harvoni cure, your liver actually starts to regenerate somewhat over time. Studies suggest it may retreat one whole stage over 10-14 yrs. post-infection. One thing I can say is your energy level will go up afterwards.
  12. CUE

    VA must render a decision on a facts-found basis. However, in a case of combat, the Vet's testimony is unimpeachable. Genotype 1A is distinctly American in nature. Geno 1B is European -or was- almost exclusively until we began moving around via air transport. Geno 2A and 2B were unique to Japan, Korea and Okinawa before 2000. Geno 4 is almost all of Egypt. Older service members are more prone to have geographical genotypes indigenous to their area of service-hence my Geno 3A. As for having 1A, who's to say the blood he came in contact with was not from another serviceman infected here in America-perhaps by a jetgun in basic? If the Vet in question had a tattoo in country, that would be a risk easily proven by no tattoo noted on item 39 on the Entrance Physical(SF 88) and noted in the same block on separation. Even so much as a urinary tract infection (UTI) or non-gonococcal urethritis (NGU) cite in the service medical records is a risk for HCV. If you had intercourse with a prostitute and came down with an STD, that is a well-proven path to service connection. The key word here is 'blood-to-blood' contamination. There are myriad ways that can occur as I pointed out above. Any single one can be exploited by a competent gastrodoc and an IMO constructed that will hold water on appeal.
  13. CUE

    Credibility has to be demolished to ignore the Vet's testimony. We can testify to that which comes to us via our five senses ( Layno v. Brown). The acid test is the liver biopsy. No one can fake it. If you are stage 4 on the METAVIR scale, it happened 40 or more years ago. Period. I got hep from a GSW on Sept. 17, 70. I came down with hep 89 days later after the transfusion. They figured it was HBV. Turns out it was B and C together. I never had A. My METAVIR score in 2006 was Stage 4, 3/4 fibrosis. To add more, it was Genotype 3A-only found on the Indochinese peninsula back then(Thailand, Laos, Cambodia and Vietnam). Oh, and Australia. Seems we took it there on R&R and left it behind.
  14. That is correct. In 2010, SMC S was $3,143.00 /month ( with spouse only). Deduct the amount you were paid per month in 2010 December from this and add the difference X 12 months to December 2011. And so on. $3,255 in 2011 December $3,309 in 2012 '' '' $3,3358.68 in 2013 '' '' $3,415.78 in 2014-2015 '' '' $3,425.99 in 2016 '' '' (current rate)