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jamescripps2
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Posts posted by jamescripps2
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Don't forget to apply for your 2023 clothing allowance if you are eligible. I always sign up early, either just before, or shortly after the first of the year. If I wait, I tend to forget. The cut off date to make application is August,1 and most veterans must reapply each and every year. To forget is costly as I qualify for three clothing allowances every year.. One for the Chloracne skin medication (Benzoyl Peroxide) and two more, one for each AFO leg brace. The allowance for 2022 was $891.00 each x 3 = $2,673.00 in my own case. As the 2023 COLA increased, I would expect that the clothing allowance for 2023 will also increase proportionally.
Always, but always, I turn the application in person to Prosthetics and ask for a date stamped copy for your files. If you fail to receive your money you will need to produce the date stamped copy. That has happened to me.
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Honestly, I can't see a reason that they could grant the SAH grant because there is no rating for loss of any limb, nor is there a rating for loss of use of any limb. If you are a pre 9/11 vet and rated for loss of, or loss of use of two limbs, in any combination, that is a 100% award, and would get you the grant. However, if you are a post 9/11 vet, loss of, or loss of use of only one limb will get you the grant. Your disabilities, as listed above, do not include loss of, or loss of use of any limb.
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I'll second that!
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A legacy participant is a post 9/11 veteran who was in the program on or before October 1 , 2020. Legacy veterans are required to appeal using a different method and a different VA form.
My wife/caregiver and I had to wait a decade for the program eligibility requirements to include us. We applied when I was on my death bed. In July, 2020, I had been given a 4% chance to survive a service connected operation and then a 12% chance to survive the next ninety days. I was sent home after thirty days in ICU with 150 opiate pills and a hospital bed. I was told by pain management that I could have all of the opiate pain killer pills that I wanted. I was sent home to die.
I was admitted into the PCAFC caregiver program at the lowest level, level 1 benefits. There were three medical professionals (RNs) coming to my house three days every week. I had leg braces that I could not get on or off by myself and I had a colostomy that I could not even see, much less care for. I could barely raise my head off of a pillow. The CEAT team conceded that I needed help with five of the seven ADLs but still refused to grant level 2 benefits. That arbitrary decision was not in accordance with PCAFC guidelines and contrary to the regulations.
I went through the appeal and deny, another appeal and deny, I requested recertification, appeal and deny, another appeal and deny. I took it up to the BVA and I was granted level 2 benefits using the exact same evidence that was used by the VHA to deny over and over so many times before.
The VHA social workers and, so called expert, CEAT teams, put me through so much hell for more than two years that I cringe to even think about it. Don't ask me what I think about those people because there are just not enough words. I told them that they were wrong, and in the end, I proved it.
Bad thing is, they are doing the exact same thing hundreds if not thousands of other veterans. The fiasco is, on its own, creating an unbelievable backlog at the BVA. You can go to the BVA search prior decisions website that I gave in the post above and type PCAFC caregiver in the search box to see for yourself. All of the cases have been remanded except my case and one more. That other case was granted, only to be vacated and reversed three days later. The reason for vacating and reversing the decision being that the caregiver did not complete caregiver training, and that lack of training had been overlooked in the initial BVA decision.
All of those remands, and my case, being the only granted case, is going to stuff that old hamster wheel so tight that it will cease to function. The cost to the taxpayer is going to be tremendous and unbearably ridiculous. Nobody is going to be held accountable for squandering VA resources. Nobody is going to get disciplined or fired. Nobody is going to miss a paycheck with the exception of THE DESERVING CAREGIVERS AND THEIR SERIOUSLY DISABLED HEROES.
When the going gets tough, the tough get going!
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At this time it seems that the attitude of the PCAFC caregiver program is to see what they can do to deny the veteran when the attitude should be to see what they can do to get the veteran enrolled into the program.
You never give up! If you appeal using the HLR or the supplemental claims, the very same people, the VHA, are going to deny you again. I suggest that you take your claim straight to the BVA. The BVA has nothing to do with the VHA but rather, they come under the VBA, and that is where you will find justice.
I don't know the particulars of your service but evidently you are not a legacy veteran in the program. If you are indeed not a legacy participant, you would file on a VA form 10182 Decision Revue Request.
True, the Board has a backlog, but if your medical records contain all that you claim, it will be the quickest path to a granted decision. The Board generally does not fool around and they do consider the evidence of record to make an equitable decision. You can look up my decision by going to the BVA decision search site https://search.usa.gov/search?affiliate=bvadecisions&_ga=2.77268117.1265507262.1648799257-1511624019.1640929699 Then enter the Citation Nr: A22011682.
Citation Nr: A22011682 Decision Date: 06/22/22 Archive Date: 06/22/22 DOCKET NO. 210903-192826 In the meantime you might consider filing on loss of use of a foot if you do have drop foot and you wear an afo brace. Also, you might consider filing for A&A
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The easiest way to navigate this site is to use the blue navigation bar at the top of the page. It is highlighted in bold blue. Clicking on your content and your activity streams should get you to where you need to be fairy quickly.
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Caregiver issue discussion, you may need to copy and paste the link if it does not work when you click on it. There are later podcast you just have to go to the exposed vet site and choose them to listen in.
https://www.blogtalkradio.com/jbasser/2022/04/14/exposed-vet-podcast-discussing-issues-with-the-caregiver-program
: http://www.blogtalkradio.com/haditcom/2017/03/23/hadit-radio-podcast-special-guest-james-cripps
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I am not eligible, nor am I involved but if I was, I would call the 1800 827 1000 number to inquire as to if I needed a lawyer or if I could use a VSO in a Camp Lejeune case.
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Burg, Type my name, jamescripps2, into the search box at the top right side of this page to access and read my post here on hadit pertaining to the CPAFC caregiver program. You will find many answers to your questions about the caregiver program from someone that has been through the application and appeal process from stem to stern.
I am also located in TN. My healthcare is provided by VAMC Nashville. You can also listen to archived podcast that are available at exposedvet.com. Those podcast are also also accessible through a link here at hadit, The podcast feature my advice on appeals as related to the caregiver program. Much information is also posted on my website, (listed below), about the CPAFC fiasco.
vatheredneckway.wordpress.com
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This is the 55 Chevrolet with the Corvette engine as posted above. It is a sweetheart! Last but not least is my Agent Orange 1948 Ford F-100.
- Vync, ShrekTheTank and blahsaysme2u
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Shure cure for anxiety and depression! Also a secure investment. These babys will put a smile on your face
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I buy antique cars, but I have trouble when it comes to selling them
- ShrekTheTank, blahsaysme2u and Vync
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A visit to the Justice Of The Peace is exactly what I would recommend to my veteran friend who was in the same situation.
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Yes, the exposed vet podcast are archived, so you can still listen in.
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Thanks Dough, It used to be at www.index.va.gov but that site has been unavailable to us for awhile. They must have changed the URL when they changed the format. The new format is not near as user friendly, I don't like it.
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Has anyone noticed that, for some reason, the BVA search prior decisions website is no longer available. I could be wrong, but I was under the impression that the BVA was obligated, under the law to, to post prior decisions within so many days after a decision was rendered. I know that not so long ago the site could not be accessed and after many complaints it was reinstated.
The BVA search prior decisions site is a very useful tool in researching strategy to support your claim.
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You are correct John. The minute that you hire a lawyer you are no longer a pro se veteran and the system is no longer non adversarial. The VA pulls back its raters and inserts its own lawyers to oppose yours.
A lot of vets hire a lawyer early on after the first denial at the RO thinking that a lawyer is going to speed up the claim and get a faster decision. It just doesn't work that way, your lawyer cannot buck the line for you.
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I served in the US ARMY 1967-1970. I first entered into the claims process when I filed an agent orange exposure claim in November 2005. I filed the claim for ischemic heart disease as secondary to Diabetes type II. Heart disease had yet to be recognized as a presumptive of AO exposure at that time. The American Legion was chosen for my POA. I found no competent VSO who believed in my claim of agent orange exposure at a military post inside CONUS, much less a VSO who could, or would, assist me in my claim development and prosecution. In a BVA decision dated November 9th, 2009, I won the very first ever Agent Orange claim to be granted for AO exposure at a military instillation inside CONUS.
I researched, filed and prosecuted my own claims from the beginning, I advanced, a step at a time all of the way up to the award of SMC R-2, which was granted at the RO level, effective July 31, 2020. I also filed and prosecuted my own PCAFC caregiver claim through six appeals to finally obtain level 2 benefits for my caregiver in the first ever PCAFC case to be granted at the BVA.
Having achieved the SMC R-2 benefits on my own, and looking back, I found an error in a prior decision and needed to file a claim for an earlier effective date for the 2016 award of R-1. I filed for the EED using the legacy system. The case advanced up through the RO who denied the claim and on up to the BVA level where, it was once again denied. I knew that my contention was viable and I also knew that I was right, but the claim got really complicated really quick because its success relied upon a inferred claim theory. I needed to go to the Court.
I realized the fact that in order to be successful at the CAVC I needed an attorney. I engaged the services of the CCK law firm. We went to the CAVC where my attorneys successfully argued for a joint motion for remand (JMR). My attorney fees at the CAVC alone totaled north of $4700.00, but qualified for payment under the Equal Access to Justice Act.(EAJA). The case was then remanded back to the BVA by the Court for a new decision.
The case having been remanded back to the Board, I had an important decision to make. I could prosecute the claim myself, or I could retain the CCK law firm to see the claim through to the end. The attorney fee of 20% of any recovered retro pay would be due and payable upon a win. I chose to retain the law firm.
The case was further remanded by the BVA. It went back to the RO, the agency of original jurisdiction for a new C&P exam. CCK attorneys arranged and fronted the cost for a IMO in support of my claim. The cost of the IMO very reasonable at only $500.00. I was required to pay the $500.00 for the IMO, only if I won, whereupon the fee would come out of my retro.
My new IMO was ignored by the RO in it's once again denied decision. My law firm filed for a higher level revue. In the HLR, the VLJ found an error in the VA's duty to assist that had to be to be corrected. Because of the failure of the VA's duty to assist error, the HLR was closed, and the case then was kicked up to a Supplemental Claim. The EED was finally granted in the supplemental claims process decision on October 17, 2022.
Generally, when an attorney is retained and a fee agreement is reached, a contract is drawn up and signed. If the fee agreement is approved by the VA, the attorney fees are withheld from any Retro payment to be then paid directly to the Attorney. In my case, for some unbeknown reason, the attorney fees were not withheld by the VA. The law firm contacted me after the decision letter was delivered and I did a wire transfer from my bank account directly into the attorney's bank account for the total amount owed.
On 10/26/2022 I completed a wire transfer to my attorney's bank account in the amount of $37,065.50. The break down was $36,565.50 for the attorney's fee of 20% of my retro, plus a $500.00 fee for the IMO payment that was advanced by the law firm for payment to the doctor for the IMO.
Total cost of attorney representation was $4700.00 EAJA payment for representation before the Court. The post Court attorney's fees at 20% of my retro equaled $36,565.50 plus $500.00 for the IMO. Total cost of representation in the case, $41,765.55 for the whole enchilada.
Was it worth it? Well lets just say that 20% of nothing is nothing and thank you CCK for a job well done.
Keep in mind that an attorney is allowed to charge 30% now days, and some, if not most, of the larger firms do.
Also know that your case has a place in line at the RO level, or a docket number at the Board. Hiring attorney cannot and will not speed up your decision one iota. One constellation, if there is one, is the fact that once you prevail at the Court your case, as required by law, will be advanced on the docket and given an expedited status for the remainder of the pendency of the claim.
The afore mentioned appeal originated when I filed a notice of disagreement for an EED of the grant of A&A at the R-1 rate back in 2011. It took more than five years to get a RO decision. Four more years were burned up to get a denied decision at the Board. Two more years of waiting from the Court JMR decision to a final granted decision at the RO as a supplemental claim. My granted decision is finally tucked in my belt and the money is in the bank.
Total time line of fighting for my benefits, 17 years. At this time the CCK law firm is looking the decision over to decide whether or not the full benefits were obtained, and whether to quit, or appeal.
My final rating 100% P&T + The maximum rating of SMC "O" to include A&A at the rate of R-2 + level 2 PCAFC caregiver benefits for my caretaker.
I can now state the fact that, no veteran of any branch of service, of any era, has ever been awarded a higher disability rating than I carry at this time.
- blahsaysme2u and Vync
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16 hours ago, blahsaysme2u said:
Now we have msgs that you can send direct to va docs and goes directly to your c-file....this can make big impacts...
A message sent to your VA doctor will never make it to your C-file, however, it might make it into your VHA medical records, but only if the responder chooses to include the message in your medical records. The VBA and the VHA are two different entities' and they do not communicate well with each other.
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The letter in the above post produced the nexus letter that allowed me to be granted the Fournier's Gangrene claim. Like I said, ask for exactly what it is that you need and state why you need it. Make your request in writing whether it is an email, instant message or hand carried. If your request is not in writing the doctor will forget what it was that you asked for. Remember, your doctor sees many patients in a day.
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I have had good results asking my VA doctors to enter into my medical records whatever it is that I need to support a claim. Be direct with your doctor and tell them exactly what you need and why it is that you need it. I usually ask with an instant message to the doctor using E benefits messenger. I have also asked face to face with the doctor and I have always gotten what I needed. Just be up front and Honest with your request.
The following was my actual request for a nexus letter from my VA Cardiologist.
10/02/2020 James M. Cripps, last four ----
Dr. -------, I remember in SICU, a doctor, most probably Dr.-------------, told me that the Fournier’s Gangrene was caused by a perfect storm resultant of my Diabetes, Chloracne, and the medication, Jardiance, that was prescribed for my Diabetes and heart disease. I understand that when Jardiance was prescribed, risk vs benefit was most probably considered. In my case, as you know, it didn’t work out so well. I ended up with Fournier’s Gangrene, a well known side effect of Jardiance. As a result my life has changed and my abilities are now greatly diminished.
I now find myself needing to ask for your help. I need to show the etiology of the Fournier’s Gangrene. When I file a claim with the VA for service connection for Fournier’s as secondary to Diabetes, Chloracne, heart disease, and the prescribed medication, Jardiance, I am required by the VA to support the claim with a medical opinion as to the etiology.
I know that you are not a letter writer, but I am asking you to please consider writing this one, therefore enabling me to obtain my service connected benefits.
Thank you for your consideration.
DIC and COMBINED Rating of 100% P&T Without a SINGLE 100% rating
in DIC
Posted
Combined rating of 100% is ok. You will first need to have had a 100% rating with the effective date being at least ten years prior to your death and will need to have been married to your surviving spouse for at least the same ten year period.
If, and only if, you are shown to meet the qualifications for the ten year rule, the VA will next look to see if you meet the requirements under the eight year rule. If your spouse also meets the additional requirements for the eight year rule her DIC will increase about $300.00 per month.
(a) General determination of rate. When VA grants a surviving spouse entitlement to DIC, VA will determine the rate of the benefit it will award. The rate of the benefit will be the total of the basic monthly rate specified in paragraph (b) or (d) of this section and any applicable increases specified in paragraph (c) or (e) of this section.
(b) Basic monthly rate. Except as provided in paragraph (d) of this section, the basic monthly rate of DIC for a surviving spouse will be the amount set forth in 38 U.S.C. 1311(a)(1).
(c) Section 1311(a)(2) increase. The basic monthly rate under paragraph (b) of this section shall be increased by the amount specified in 38 U.S.C. 1311(a)(2) if the veteran, at the time of death, was receiving, or was entitled to receive, compensation for service-connected disability that was rated by VA as totally disabling for a continuous period of at least eight years immediately preceding death. Determinations of entitlement to this increase shall be made in accordance with paragraph (f) of this section.