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sixthscents

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Everything posted by sixthscents

  1. Feel the anger... yes let it grow within you... (lol) Vync I hear ya dude. JaeT21.... sounds to me like you have filed for increases. Honestly though without more information here about the issues at claim... we cant really say anything specific. However if you are willing to redact you claim you file for increase and the C&P results when you get them... also redacted.... we can honestly be much more precise in our answers.
  2. Oh and as this is my area of specialization (ie Loss of USE claims) I can also say that Richard is a bit wrong when he states that drop foot normally results in complete loss of use. That actually varies. However is is DEAD ON when he says the the nerve conduction test is the benchmark diagnostic for any claim due to neuropathy or radiculapathy. It would also be "new and material evidence"... so there is that. In any case don't let them wear you down. Seriously rekindle that anger at the sheer ineptitude and injustice. Look I know many many people at the VA are great but... yeah it certainly s
  3. Richard1954 is correct here. However I have seen drop foot caused also by ples planus or diabetes. Also there are lots of things to consider when filing a claim. What exactly did you file compensation for? I didn't see that but maybe I missed it. Sixth
  4. Basically I agree with Berta. From what I have read so far there is no basis for a CUE. That doesn't mean there is not one or that you cannot file something (as pacman stated) but with what you have shown so far no. Again I agree we need to know what the rater based their reasoning on when they awarded the MH issue in 2018. From there we can go forward. Please don't be discouraged though. Don't let this stress or confuse you. If you need time away from it take it. It is better to be certain you are doing everything correctly than perhaps missing something through lack of ability to concen
  5. Yeah, I am often discouraged when I hear 20 years into this that Vets are still being told, be happy with what you got. My VSO rep actually sent a letter into the VA stating they felt that I wasn't due an increase and the VA had rated fairly. Yeah... that was when I immediately dropped my VSO rep. I don't know if it is actual collusion or incompetence but it seems to have been a staple story for 20 years now. Don't file for increase, you could get decreased. Well yes, and the sun could go nova tomorrow but I generally don't worry about it. 20 years doing this and I have yet to see a claim
  6. Also, and this is just chiming in. If YOU co-signed the student loan... then it is also YOUR student loan and happily is the forgiveable under the new veterans relief. There is no credit point penalty etc. you just contact the lender, send them proof of your status and boom, the debt is gone and noted as paid in both credit files. Now I do not know what the future ramifications might be for you to co-sign future student debt so that might be a consideration if your child wants to take a further degree... but it can alleviate the current debt.
  7. Further, the rating for the genitourinary system - renal dysfunction in your case would seem to call for a 60% rating. When they decided to rate you 100% it didn't really matter but if they are going to drop the one rating to 40% then it does now. 38 CFR .115a. They would either have to combine the two or at the least rate the higher of the two. I would argue that since the renal dysfunction has NOT changed that the rater must either consider it to maintain the 100% or address it seperatly if they are droppng the 100%. I have little experience with the situation but that is something I would c
  8. Also HELLO BERTA!!! Yeah I'm back baby!!! WOOT. Sorry but I get all excited these days. Yeah doing better and thought it time to return hopefully for at least a few years (God willing). I am also waiting for the whole claims agent exam approval. That I dont expect to see anytime soon since they appear to be way backed up. Anyway give me a yell on direct message or a phone call (I have a different #... I'll pass it on in DM if you want).... Good to hear about the CUE info though. I will certainly take note of it. Bob/Sixthscents
  9. Carlie you were a wonderful person. I remember you and you ability to calm me down. Sweet reason with a bit of sass. I wish you were not taken so early in this life. Perhaps we will meet again someday and somehow. I miss you. I don't even know why I am writing this but I was away for so long and missed so much. Seeing an old post of your brought back a lot of memories that I didn't even know I had sort of forgotten. Time makes starngers of us all it seems. Goodbye girl I hope God holds you tight.

  10. Hang on. The veteran was already finally rated prior to the new exam. So the evidence did not exist during the rating period. At least that is what Durangkid infers when he says "backdate to that exam" and says the exam justifies a 20% increase and not the 10% he got. So, if the exam was after the final rating. Nope. I mean yeah he can use it as evidence for a new claim for increase perhaps, depending of course upon what it says. Yet this would be a new claim for increase, not reopening the old. So like you said originally it really depends upon the date of rating decision. If it was prio
  11. Yeah they typically do require it. On the plus side it will give you more information for your claim. Sixthscenst
  12. Sounds like a solid plan. For your reference SMC is covered in CFR 38 under section 3.350. Now... I suspect that if they approve the TBI they will rate you 100% for the TBI and put PTSD as secondary to it, but that is of course for the future. As for evidence and proof of the TBI, there is plenty of guidance but the VA will accept veteran attestations along with supporting attestations from other soldiers in your unit. Of course medical records, etc. are always acceptable. There are plenty of ways to approach this but ensure that you have all your dates as close as you can confirm, and as muc
  13. Also important to note... In many state WITH property tax exemption there is a limit to how much they will exempt. This will also vary from state to state. Oh and the veteran must occupy the home... doesn't matter if they own two homes in the same county the county will normally only apply the exemption to the one the veteran lives in. Even if it it is to the county's advantage to use the smaller home (less tax to exempt) they will only cover the actual physical residence of the veteran and the property associated with that residence. This will also vary from state to state. Sixthsc
  14. Basically PTSD and TBI share many symptoms and secondary effects. For example a person with PTSD can suffer from depression secondary to it. So can a person with TBI. Both PTSD and TBI injujries can also evidence and share many of the diagnosis under the 10 stautory areas of TBI. TBI can cause PTSD. So the VA will always default to TBI if it is the higher of the two and associate the secondary illness to it. The same is true to PTSD as well in most cases. If a veteran has several proven and distinct MH issues, as well as PTSD they will often group them under it to support a higher rating of th
  15. Hey everyone. Good to see you all here again! With that said I have been back two days and seen several comments about CUE's. So let me please state this. A CUE claim requires a VERY high level of proof. A CUE or CLEAR and UNMISTAKABLE ERROR, is an error such that the common person could recognize an error had been made. That is essentially the wording of CFR 38. That is a huge... and I don't use that word lightly... huge burden of proof upon the veteran/claimant. In 18 years doing this stuff I have filed (or assisted) in exactly 2 (two) CUE claims and both were substantiated. In both cas
  16. Sigh... ok... while I agree that something should have been done. You have essentially done it. You emailed him and he responded, so you have a copy of that should anything (which I really doubt) happen. I have seen people ask this same question in many different ways over the years. To be concise... the VA has to jump through a bunch of hoops to downgrade a rating. If it is listed as static... just probably not going to happen over ONE doctors comment once. OK? So, you were worried and you addressed that worry exactly as you should have and had a right to. Now you might want to mention i
  17. Berta, you are, always the wind beneath my wings! Poster again if you need some help with this feel free to hit me up under direct message. Best of luck! Sixth
  18. Sigh some good information here. The short answer is... I doubt they would. Look if you reopened a claim the VA could reduce your rate if you showed fairly significant improvement. Is that likely at this point? No. Personally at 70% if I thought I could get a higher rating like 90 or 100% I would file. The important thing is have you gotten better or worse since the rating. Are you employed now? Have you been since TDIU was issued? Personally I would go for the P&T if I was worse and had not significantly improved for the disabilities you orginally filed for and if you felt that there was
  19. Isn't there a pinned post with a title like "5, 10 and 20 year rule" by Berta? I mean I encourage every vet to use any and all resources but I think that has been addressed here long ago. In any case, seems like you got the info you needed. I know what I would do personally but I wondered what you decided?
  20. Hey buddy. I can prolly give you a bit of guidance on this one if you want. Need the full info though and dont know your case. Give me yell. Sixth
  21. OK gonna throw in my two... or Six cents in here. Prostrating is a medical term, and is also simply a word used to describe a person being so effected (affected?) by something that they cannot function. Such as "the widow was prostrate with grief over the death of her husband)... now as the VA and medicine normally uses it, it means a level of disability so severe that the veteran is unable to function. Specifically in this instance (migrane headaches) it means that the veteran is in so much pain and sensory overload that they must lie down in a quiet place etc. Now the VA uses the number
  22. Oh, also if your physician cannot guide you hit me up in a message and give me your city and state or location of the local CBOC (if there is one) and I will find out who you need to contact. Sixth
  23. JM... no you would not endanger his current rating. However any further claims need to be focused on an award of SMC if he has the qualifing need. (At least that is where I would focus my efforts at this point). While you can and some people do file continuing claims for illness after receiving a 100% P&T rating it is normally directed toward further award of some benefit. As for care. The VA can and does provide in home care as needed. They provide both homemaker services as well as aide services. Now the place to start working toward this is conatcting you local VA COBC (VA c
  24. FAith the VARO is following M21-1 and CFR 38. They cannot give medical opinions what they can do is weigh and make a judgement upon the evidence which is presented. Now what was the date the doctor gave for onset of illness and was this more than 12 months after active service? The phisician can opine but the raters weigh that opinion and then make a judgement. You can appeal that judgement and hopefully have since the 12 month clock started ticking when you recieved the dated decision. Sixth
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