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jamescripps2 last won the day on January 9

jamescripps2 had the most liked content!


About jamescripps2

  • Birthday 01/19/1949

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Profile Information

  • Military Rank
    SP5 E5
  • Location
    Ashland City TN.
  • Interests
    owner and collector of antique automobiles, I especially like the tri five Chevrolets

Previous Fields

  • Service Connected Disability
    100%SMC R2
  • Branch of Service
  • Hobby
    supporting and winning veterans claims

Recent Profile Visitors

3,195 profile views

jamescripps2's Achievements

  1. After more than 500 post on Hadit and no warnings, why this? Your content will need to be approved by a moderator
  2. Yes Bronco, It is a well known fact that I was the very the first veteran to ever be granted agent orange exposure at a military post or base, inside the Continentntal United States. November 2009. This is a link to that very first win. If you choose to move this to a new, more,"modern thread", please feel free to do so. Before I won that case, the VA and the DoD claimed that Agent Orange had NEVER!, EVER!, been used inside CONUS. PERIOD. Well, they can never, ever, make that statement again. https://www.va.gov/vetapp09/files5/0941553.txt
  3. Ok Sam / Lem, if you can't touch your forfinger to your thumb, then you have lost the grip in that hand and thus, according to the VA regs at 38 CFR 3.350 you have loss of use of a hand.. No matter that you can type in a modified manner. I am rated for loss of use of two hands, but I manage to use my keyboard in a two finger fashon. And no, you are not required to use splints, or anything else, for that matter.
  4. You must be refering to 38 CFR 3.350 (2) ((I). Loss of use of a hand or foot. I suggest that you re read that passage and take note that, first of all there is a big difference in foot drop, and an amputation. Also there is a big difference in wearing an afo and a requiring a prosthedic appliance. Pes Planus is a relatively common foot deformaty., whereas foot drop is loss of the common peroneal nerve. In itself, foot drop and wearing afos is not considered loss of use of feet. It is only at the point that you can show by medical opinion that you have foot drop and permanent loss of the peroneal nerve, so severe, that you would be equqlly well be served by amputation and the fitting of an prosthedic app[iance(artificial leg). Then, and only then would loss of use of a foot be considered and conceeded. Loss of use of two feet is a 100% award and will get you SMC "L".
  5. Bronco, I don't know when your Court fees were paid by the EAJA. I went up to the CAVC in 2021. At one time an attorney was allowed to collect EAJA fees and then the attorney was required to deduct that ammount from what the veteran owed. When I hired CCK to take my case, CCK won a joint motion for remand. I also retained them to take the case back to the Board. I was informed that the law had been changed and an attorney no longer had to deduct the amount EAJA fees from what the veteran was charged. I paid both. $4,700.00 was paid by EAJA funds, Then I had to pay $48,000.00 on top of that for the 20% that I owed. I also paid for the IMO that CCK had fronted. Bottom line, hiring an attorney is very expensive, But worth it in the end if there is a large retro outstanding.
  6. You want to service connect diabetes as due to what event in your military service? If you can't first win a claim for diabetes, how are you going to claim diabetic neuropathy, and then loss of use of two feet secondary to diabetic neuropathy? Loss of use of two feet would get you an SMC "L" award, but only if you can show the loss of use of two feet to be so disabling as to be considered that you would be equally well served by amputations with a phrostesis in place. Aid and attendance might work if you can get a VA form 21-2680 completed by your doctor, showing the need of A&A. A&A pays just a tad more than the "S" that you would be giving up, because you can't draw a "S" and a "L" at the same time. Really, what you would want to end up with down range is two "L" awards as due to two seperate and distinct disabilities. One "L" for loss of use and the other "L" for A&A. That would get you the maximum award of "O" and the A&A would automatically become R-1. There is a whole lot of speculation to make that kind of senario come together.
  7. Your next pay increase would be 100% plus an additional unrelated 60%. The "S" award.
  8. Read what I have written concerning the PCAFC caregiver program and the appealls process at my website
  9. John, I would suspect that your easiest path to the higher award of "L" you would need loss of use of two feet, or loss of use of two hands, or loss of use of one hand and one foot to get you to an L rating. To get there, file for an increase on the hands and feet. Be shure and ask the examiner to check the external popliteal nerve, (common peroneal nerve, causing foot drop. See and understand 38 CFR 3.350 (2) (b). As to the question of would it be worth pursuing? It could mean a substantial raise in compensation, an automobile grant, about $24,000.00 and special adaptive housing grant, about $117,000.00. The granting of the "L" rating for loss of use could eventually be used as a building block to obtain the "O" rating, and maybe the R-1 or R-2 ratings.
  10. You might check on the PCAFC caregiver program. If you need help with ADLs and can find someone who is willing to move in and take care of you, you might qualify. The compensation to your caregiver, room and board for the caregiver, and CHAMP VA would make it tempting.
  11. Five years is not a goal, maybe a hurtle, but not certainaly not a goal in any sence of the word. Ten, or even twenty years are also not goals. So many consider 100% to be the goal. Actually the goal should be when you obtain all of the benefits that you are entitled to. When, and if you get to 100%, then look at the SMC awards. See if you might qualify for a K, or the S award. Then take a look at the L, L-1/2 M, M-1/2 the N the N 1-2 and the O, awards. Then the R-1 , R-2, and the T awards. Check to see if you might qualify for an automobile grant, adaptive equipment, specially adaptive housing, or even a HISA grant, Take a look at the PCAFC caregiver's program and check on the independent living pregram through VR&E. My goal was an R-2 rating, along with level 2 PCAFC caregiver's benefits. I wanted the HISA grant and the Specially Adaptive Housing grant. I wanted the automobil grant with adaptive equipment. I wanted to get into the Independent Living Program. I achieved my goal when I was awarded all of those things to which I was entitled and to which I speak of here. Back in 2005, when I was finally granted my 100%, had I thrown in the towel and told the VA that I wanted no more exams, none of those other benefits would have been possible or realized. Agreed, not everyone can qualify for these mentioned benefits, but educate yourself and be all that you can be.
  12. The VHA's homemaker care pays a contracted company to come in and do chores for you, that include, but not limited to cooking, cleaning, shoping, and caring for your basic needs in the home and is limited to a predetermined number of hours per week. The A&A through the DVA pays you, the veteran. You can then use the money to pay for the services that you need, but the DVA does not tell you how to spend the money. There are three levels of A&A, The lowest 2024 rate is an L rating, paying $4,651.06 for a veteran alone. The next higher rating is A&A at the R-1 rate, paying $9,326.07 for the veteran alone. The R-2 and T ratings pay the lone veteran $10,697.23.
  13. I used the court precedent Akles v Derwinski to substantiate and recover ten years retro pay at the R-1 rate.
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