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jamescripps2
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Posts posted by jamescripps2
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Marine, whining will get you nowhere with the VA. They make the rules and we have to learn to deal with it. I have no way of helping you other than giving some direction on how to help yourself.
Sounds like your next step is a supplemental claim, if denied, then take it to the Board. Did you follow the HISA rules? The decision for your HLR should tell you the reason that you was denied. You can correct the reason that you was denied and go for the supplemental claim. John is right
Your other option is to think outside of the box like I did when I took my story to the media. John999 is right, the VA Hospital Director got involved, Prosthetics was reprimanded and I was reimbursed in five days following the broadcast.
Go get em Marine!
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Diabetes is a 20%rating. A higher 40% rating is available if the Diabetes regulates and limits your activities. It takes a well written letter from your doctor to have a chance at the 40% rate. I had a well written letter and still got denied for the increase.
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Hope this is helpful as far as obtaining a grant for TDIU.
https://cck-law.com/video/how-to-win-your-va-unemployability-claim/
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It is going to take a nexus letter either way you chose to go. The VA is not going to take your word for it, that the hips are secondary to your knees because you are not a medical professional. Any time you make a claim, unless it is for a presumptive condition, you will need a nexus letter. Your inference sounds reasonable, but you can't expect to reason with the VA, and neither are they companionate when it comes to granting claims.
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Call the white house hot line and complain. 1-855 948 2311
Read the HISA grant rules and make Shure that you followed all of the rules and the work was pre approved.
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Work to be preformed under the HISA grant needs to be pre approved with prosthetics. Once approved they give you 1/2 of the money up front ($3400.00). When the work is finished and the inspection done, they send the second half of the payment to you.
In my case I had to feature them on a local tv investigative report in order to get the second half of the money to pay the contractor. Check it out at the link below. You got to do what you got to do!
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12 hours ago, Tanker_God said:
I was just awarded an increase from 70% to 100% for PTSD-Combat and was awarded SMC-L for Aid and Attendance. I am curious if I should be getting SMC=L 1/2 as I have over 50% from below disabilities? I am still waiting on paperwork to come in, so they could have counted the 40% lower back in the A/A and even if they used the 20% shoulder towards the A/A I should still be entitled as I am over 50% from the remaining 4 that have zero to do with anything A/A. Also, I have never had SMC-S if that helps. Thanks
100% PTSD
40% Back
30% Chronic Sinusitis
30% IBS
20% Shoulder
10% scars
10% tinnitus
100% P&T with SMC-K and SMC-L
OIF 1
1998-2005
I agree with your reasoning that you should have at least a P-1 award for the combined 50% which would put you at the L1/2 or maybe even a P-2 award for the combined 100% which would put you at the M rating.
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John, The link below should give you all that you need to know to determine your eligibility. The sticky part is making the VHA adjudicators honor your qualifications and abide by the regulations that guide the program. Contrary to VA policy the VHA has been looking at applications with the attitude of "What can I do to deny this veteran". The long standing policy and attitude of the VA is, "What can I do to grant entitlement into the program to this veteran".
For the PCAFC program to ever achieve the success that Congress envisioned there will need to be a general attitude adjustment and retraining of the involved social workers, CEAT TEAMS and VISIONS. Honestly, the buck stops with the Secretary of The Department of Veterans Affairs who is in the midst of trying to overhaul the program as we speak.
If you think that you meet the qualifications, apply. If you are denied, appeal through one of the appeal choices, HLR, Supplemental Claim, or Board revue. My personal experience tells me to suggest that you kick your appeal over to the VBA for adjudication, and take the BVA route in order to find justice and avoid another arbitrary VHA denial.
https://www.caregiver.va.gov/CAREGIVER/pdfs/FactSheets/CSP_Eligibility_Criteria_Factsheet.pdf
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No you don't have to be bedridden to qualify for the PCAFC caregiver program.
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Marine Corp, I would guess that you are referring to the PCAFC caregiver program. Specifically, what is it that you need help with. It is actually not a grant but a program for comprehensive help and a stipend for the caregivers of seriously disabled veterans of any era.
Right now the program that is under the VHA is in a state of total disaster and is being overhauled and restructured. You can apply through the VHA and if denied you can appeal. The appeals process includes a VHA appeal, A higher level revue and a supplemental claim , all of which are adjudicated by the VHA, the very same people who turned the claim down to begin with. Last but not least, you can ask the BVA to revue your claim. At the Board you are more likely to find justice. I would recommend going straight to the Board if your initial application is denied.
It is very Important to have your medical records updated in a way as to support your contentions before making application to the program. Read the rules several times and make shure that your circumstances comply. Pay attention to the phrase, "each and every time the ADL is preformed". Yes, I can answer your questions pertaining to the program.
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I joined the Army in 1967 as airborne Infantry but I didn't make it to Nam. I served 1967-1970 stateside and in Germany. My AO exposure was at Fort Gordon GA. I/we were involved in finding the optimum mixture of the concentrate AO to diesel fuel. It became my duty to use up the defoliant that was left over after the testing was complete. My direct exposure, directly and hands on working with and spraying 24D-245T was every day from September 6, 1967 to March 4, 1969 whereupon I was deployed to Germany.
When I filed my first claim in 2005 the DOD and the VA were very adamant that AO had never been used in CONUS, PERIOD!
In order to Substantiate my AO exposure claim I needed, first to prove that I was an MP Game Warden in 1967-1969. I needed to prove that the spraying and testing of agent orange, 24D-245T with Picloram, at Fort Gordon actually took place in 1967. Last, but most important of all, I had to show how I was directly involved and exposed, thirty eight years after the fact.
I furnished them with the aircraft tail number. I provided the name of the firm in Texas from which the Bell G-2 helicopter used in the spraying was leased, along with the pilot's name. I proved the amounts, 450 gallons of orange alone, and the color names of herbicides that were used, orange, blue, and white. I furnished the exact location of the spraying and testing.
It was necessary to travel to the Fort Gordon area, where I obtained and provided statements from the Fort Gordon Forester and the Fort Gordon Post Engineer, who were there and working with me during the time that I served and was involved. Both wrote sworn statements on VA forms 21-4138 stating that they remembered me by name as being the Fort Gordon Game Warden, and they swore in their written statements that it would have been my job to spray those herbicides. The Forester wrote that he discovered my stash of herbicides and spray equipment in a building in the 1980s, just where I said that they would be.
I also furnished a statement written by the Fort Gordon Adjutant General who had thirty five years experience in personnel and wrote a statement in support of my claim attesting to the fact that I was the Fort Gordon Game Warden who served and was involved in the time period of 1967-1968, during the testing of AO.
My evidence had to be overwhelming and beyond doubt. Nothing was left to chance, and I covered all of my bases.
I furnished my Fort Gordon Game Warden badge number, my expired Richmond County GA. Deputy Sheriff credentials and my military drivers license. I presented a 1967 Fort Gordon phone book listing my office phone number and naming me as the Fort Gordon Game Warden.
The significance of producing my long ago expired Deputy Sheriff credentials was the fact that, as a military Game Warden, and in compliance with the "Posse Comitatus Act of 1878", which removed the military from regular civil law enforcement, It was necessary that I be appointed as a Deputy Sheriff in order to have the authority to carry my weapon off post and to be able to stop and/or pursue civilians on and off post. Only MP Game Wardens carried such credentials.
The significance of the military drivers license, that expired many years ago, was the fact that only MP Game Wardens, and only MP Game Wardens, were issued a license to drive a Ford four wheel drive Bronco. Of note, there were only two Game Wardens at that time and fort Gordon only had two Ford Broncos, each of those was assigned to a Game warden.
I testified before the BVA Judge the fact that I defoliated around the Fort Gordon Controlled lakes and then often caught and ate fish from those lakes, within hours of the spraying operation. I furnished my wife's and my original 1967 Fort Gordon Hunting and fishing license along with the documented set of orders as proof that I was on separate rations at the time to back up that statement.
I furnished a statement written for me by a Doctor who was involved in AO research and employed by the CDC in Atlanta GA in support of my exposure. I submitted a statement from the Georgia State Agriculture Director as to the name and chemical designation of the herbicide that I sprayed. That being 24D-245T.
My most overwhelming proof of AO exposure was the fact that I had Chloracne, first diagnosed on my ETS medical exam and there were many diagnosis post service including VA and civilian doctors. I had thirteen Medical opinions that concurred in the fact that the only cause of Chloracne is Dioxin exposure, Dioxin being the contaminant in AO and the other rainbow herbicides.
Following my AO grant in 2009 by the BVA, there have been many more claims filed, but few have prevailed.
See more at
vatheredneckway.wordpress,com
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Make Shure that you file his intent to file, VA form 21-0996. That will mark his effective date, His retro will go back to the date that you filed the 0996.
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This is what AO will do for you!
Scroll down to see all.
Your individual ratings
- 0%scars, anterior trunk
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, posterior trunk
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, right lower extremity
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, left lower extremity
- Service-connected disability? Yes
- Effective date:07/31/2020
- 30%painful scars
- Service-connected disability? Yes
- Effective date:07/31/2020
- 20%chloracne, face, back, head, neck and chest with Fournier's gangrene
- Service-connected disability? Yes
- Effective date:07/31/2020
- 100%diabetic nephropathy
- Service-connected disability? Yes
- Effective date:08/08/2012
- 100%loss of use of right and left lower extremities
- Service-connected disability? Yes
- Effective date:12/27/2011
- 100%loss of use of right and left upper extremities
- Service-connected disability? Yes
- Effective date:12/27/2011
- 30%mood disorder (also claimed as anxiety and depression)
- Service-connected disability? Yes
- Effective date:11/20/2009
- 100%coronary artery disease
- Service-connected disability? Yes
- Effective date:10/28/2005
- 0%erectile dysfunction (claimed as secondary to diabetes and Agent Orange exposure)
- Service-connected disability? Yes
- Effective date:10/28/2005
- 10%fungus feet and hands
- Service-connected disability? Yes
- Effective date:10/28/2005
- 20%diabetes mellitus, Type II
- Service-connected disability? Yes
- Effective date:10/28/2005
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This is what AO will do for you!
Scroll down to see all.
Your individual ratings
- 0%scars, anterior trunk
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, posterior trunk
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, right lower extremity
- Service-connected disability? Yes
- Effective date:07/31/2020
- 0%scars, left lower extremity
- Service-connected disability? Yes
- Effective date:07/31/2020
- 30%painful scars
- Service-connected disability? Yes
- Effective date:07/31/2020
- 20%chloracne, face, back, head, neck and chest with Fournier's gangrene
- Service-connected disability? Yes
- Effective date:07/31/2020
- 100%diabetic nephropathy
- Service-connected disability? Yes
- Effective date:08/08/2012
- 100%loss of use of right and left lower extremities
- Service-connected disability? Yes
- Effective date:12/27/2011
- 100%loss of use of right and left upper extremities
- Service-connected disability? Yes
- Effective date:12/27/2011
- 30%mood disorder (also claimed as anxiety and depression)
- Service-connected disability? Yes
- Effective date:11/20/2009
- 100%coronary artery disease
- Service-connected disability? Yes
- Effective date:10/28/2005
- 0%erectile dysfunction (claimed as secondary to diabetes and Agent Orange exposure)
- Service-connected disability? Yes
- Effective date:10/28/2005
- 10%fungus feet and hands
- Service-connected disability? Yes
- Effective date:10/28/2005
- 20%diabetes mellitus, Type II
- Service-connected disability? Yes
- Effective date:10/28/2005
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john999 You can request a consult with the scooter clinic from your PCP. If you have problems that limit ambulation you should be able to get the scooter and a lift to transport it with. Like anything else VA expect to be denied first time. You just be adamant and demand the scooter and they will have no choice but to relent and grant your request. The reason that the VA gives for denying mobility scooters is that you will quit walking, and that you need the exercise.
You might also look into the independent living program. Apply through VR&E at your local RO. They can do a lot for you as far as furnishing you with whatever you need to make life easier and more comfortable for you. They furnished me with a stand up recliner, therapeutic mattress and springs, a computer and printer, pillows, and sheets.
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jbasser, My fight lasted so long that I will find it hard to settle down and quit swinging and throwing punches.
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There is a lot of comfort in the knowledge that my wife/caregiver receives level 2 caregiver benefits that we fought so hard to obtain for two years. I am over the ten year 100% rule pertaining to survivor DIC benefits so my wife will draw DIC benefits when the time comes. Car tags and home owners taxes will also not be a burden to her and then there is the VA life insurance on me with the waived premiums.
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john999, You should not need a lawyer to get to 100%, or for that matter housebound either. I found no need for a lawyer until I had to go up to the CAVC for a very complicated claim for a five year earlier effective date for the granting of R-1 in 2016. By the time I hired a lawyer I was already an R-2 veteran, and I got there on my own. Also remember, a lawyer cannot speed up your claim.
To address your, "is it worth it question". My total win for the EED claim alone was more than $228.000.00. You can google VA SMC disability rates and see for yourself that my monthly R-2 disability pay, considering the latest COLA, exceeds $10,000.00 per month. I think that it was worth it and considering all, the legal fees were well worth it. Now, I did manage to outlive the claims process, I just need to live long enough to realize the full benefit of the win.
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True about the inflated dollars, but it is not so much about the dollars. The value of the win is priceless. I woke up this morning finding myself not in a backlog of some kind for the first time in seventeen years.
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broncovet, you are living in the past and need to catch up.
In the beginning I filed and worked all of the claims on my own. In 2019, when I filed for the EED, and was denied by the BVA, I found myself needing to hire an attorney to take the case to the CAVC.
In the past the EAJA funds that were paid to a law firm were deducted from the total charges for legal aid owed by the veteran. About five to six years ago, the law firms took that issue to court and won the case that specified that no longer would the EAJA funds be deducted from the total legal fees that were owed by the veteran.
EAJA paid $4700.00 to my attorney for work at CAVC in obtaining the JMR. After the JMR was obtained and the case was remanded to the Board we were working on my dime. In the end I am responsible for attorney fees of 20% of the retro plus any charges for IMOs where the cost of the IMO was fronted by the legal team as they were needed to win the claim. My attorney fees will exceed $37,000.00 over and above the amount of the fees EAJA paid my legal team for work at the court in obtaining the JMR. So, total attorney fees were in excess of $41,000.00. And that is plus IMO cost.
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Vync, Actually, and to clarify, I was discharged out of the Army in July 1970. My first claim was not filed until 2005 because I did not know of my AO exposure. AO use at Fort Gordon was classified until 2003 and I wasn't aware of the fact that the defoliant that I was spraying was actually AO until 2005, at which time I filed the claim that continued for seventeen years.
My AO exposure story
in Agent Orange
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Marine, if you a dx for bilateral foot drop, you need to file for loss of use of two feet like yesterday! That is a huge bump in pay along with an automobile grant and more than $100,000.00 adaptive housing grant. Go over to the Hadit R-1 R-2 forum and read about my experience in obtaining higher ratings for foot drop and loss of use of feet.
This excerpt is from 38 cfr 3.350. Look it up for yourself. Loss of use of two feet will get you a SMC "L" rating.
(2) Foot and hand.
(i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:
(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.
(b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.