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sixthscents last won the day on March 21

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About sixthscents

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    Moderator/Hadit.com Elder

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  1. Hello All! I know it has been a hot minute since I have been on but I am still alive and kicking (Hooray for me!). I do have a question however. I am looking over a friends claim and I was wondering about the VA's method for rating TBI. Specifically I understand that the TBI is rated under 10 (?) categories sort of? I would appreciate a really good reference and perhaps a couple good example VBA filings for reference. I have been out of the scrum for so long that I don't want my lack of recent experience to hinder his claim ya know? Also, maybe a reference for how the rater
  2. Oh and as to CUE claims. Look a CUE claim is supposed to be a rare beast. To be clear it has to be such an error that any reasonable person looking in would say a mistake had been made. I have filed 2 CUE claims in ... I think 18 years now. I won them both but they were both very very obvious. I do not mean to discourage someone filing a CUE claim, but you have to be 100% certain an error has occured. (Unless something has changed). Bob Smith
  3. WOW... Hey guys good to see you all again. As to the post GBArmy, you need to order your C-File. It is easy just go to your local VAMC and locate the "Release of Information" office. They will print out the C-File and will also put it on a disk if you request it. I think there was a small charge for that... don't really remember. Also you can call and request it (though I have had precious little luck in getting any this way). Bob Smith
  4. Hey Tbird, hit me up anyway. I'll post my phone in a PM. Look forward to talking if you want. Bob Smith
  5. Hey girl!! Woot I'm still alive and so are you. Amazing huh? Hit me up at (931) 704-1409.


  6. Hey T-Bird hit me up I'd like to talk to you about this if you have not had the C&P yet. Bob
  7. Paul, I have been out of the VA claims scene for a hot minute but here's what I know from my own loss of use claim (bilateral) which I won. The actual functional loss is somewhat important. The ability to plater or dorsi flex, etc. What I reccomend, if you want to continue pursuing this claim (I would) is to ask your Primary care provider to refer you for an EMG of both your left and right feet. This will tell you what nerves are functioning and what level of injury might exist. If you have loss of sensation in both feet this would seem to me to be an injury to L5-S1 or around there. I ha
  8. As to the CUE. I often run into situations where CUE's are discussed by many veterans. However, in many if not most of the cases mentioned there was not actually a valid CUE claim. This is NOT saying that a reason for a formal NOD did not exist, just that a CUE claim is a VERY specific claim. CUE stands for a "Clear and Unmistakable Error" as I am sure you know. This mean that an error has been made such that a non-expert can look at the claim and easily see it. For example: A rater made a decision and failed to take into consideration or even note that the veteran had lost all control of
  9. I honestly don't ever remember a single vet I worked with being denied a Tinnitus claim. Hearing loss yes, Tinnitus no. Further I seem to remember seeing something last week saying they were considering making it presumptive for certain MOS's. It is NOT presumptive at this time however. The legislation I saw at Thomas was here: http://thomas.loc.gov/cgi-bin/bdquery/D?d113:1:./temp/~bdQnCZ::|/home/LegislativeData.php| As you can see this has not passed the House etc., but Sanders was the Co-sponsor of the new VA reform law that passed and I'm thinking this has a good chance when it com
  10. They are denying the hip because of the ankle I'd guess. Ankle, knee, hip, lower back... if you have a pre-rated injury to the ankle, then proving a subsequent injury up the chain to the lower back becomes easier... still not easy but easier. Further I would look at loss of use for the arm/hand § 4.63 Loss of use of hand or foot. Go there and read that. Now unemployability is helped by what 71M stated, if the Voc Rehab section denies you because you are in fact unemployable due to injuries etc.that will enhance your claim. Also letters from your past supervisors, or employers as
  11. MMM. gotta agree, I have never seen a rating decrease because the rater said it was not service connected, unless it went to 0. It either is, and rated or isn't. There is no objective way of determining how much would be prior to service etc. Somethign sounds wrong. Bob Smith
  12. I've seen this, and honestly it's normally a good thing in MY experience. The Vet normally gets a much faster answer, and in comparison I have seen some "sway" in the rating but not much. It's a common practice to "farm out" work to underutilized or less untilized VARO's. It makes sense, look at it this way. Your claim can either sit at the local VARO and wait, or be sent to another VARO for some sort of decision. Doesn't mean the process is going to be "fast" just faster.... Bob Smith
  13. This is curious... contact me when you get your doctors notes. Of course your going to NOD this but I think you need to do it a certain way because I think there was more than the obvious reason the rater lowered the DJD, or DDD. Just email me. Bob Smith
  14. OK I can state that all along as my condition has worsened and I fell under the qualifing requirements for A&A, I filed and sometimes got it right away, and sometimes had to NOD but did in the end get it. I went from K to L1/2 to R-1 eventually.. so it does work you just have to show how you fix into the different catagories. Also... A&A can be really significant - I think I get something like $3700 in A&A now, along with my 100% comp. Also, the VA will and does provide in home assistance, I have a CNA that comes for 5 hours a day, and they pay for it. You can contact a social w
  15. Oh, and I have Medicare A & B, and full VA benefits, and to be honest I am really satisfied with the VA at this point. I have seen literally hundereds of doctors, both civilian and VA and GENERALLY the VA does a really good job with my care. I am often impressed with the care they take. It depends upon the doctor you get, but thats the same in the civilian world as well as the VA. Personally I owuld HATE for the VA health care system to go away and be replaced by medicare - this for me would actually reduce my options. Bob
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