jamescripps2

Static ratings are not likely to be looked at again from a reexamination view point.
All of my sc conditions are listed as static. Most have been static for more than ten years. I am 67 years old with minimal education. I have three 100% P&T schedular disabilities and numerous lesser %  disabilities. Lately, I filed for an increase for diabetes due to restricted and regulation of my activities. When the C&P was scheduled it was for my static Diabetes and for my static kidney disease, and for PN to include loss of use of two limbs and for my static 0% Chloracne. So, never say never! Why does VA insist on wasting my time and their resources. At least I drew my travel pay and the wife and I ate out for a change.
The rater that asked for those reexaminations needs to read the CFR as it pertains to reductions.

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. 
 

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. 
 

I began my VA claims saga in 2005. My first success was in November 2009, whereupon I was granted the very first claim for AO exposure at a military instillation in CONUS. That award was a 100% P&T plus an "S" award and 1 "K". The award was for Diabetes due to AO exposure, ischemic heart disease claimed as secondary to the Diabetes, and Chloracne. In the subsequent years there have been numerus other claims and grants including three 100% P&T awards. I filed for, and won at 100% P&T, loss of use of right hand and right foot. In July 2020, Fournier's Gangrene dammed near killed me and I won that one too, in short order. That Fournier's Gangrene claim as secondary to chloracne, took forty five days, submission of the claim until grant. Severe anxiety and depression as due to my service connected general medical conditions claim only took thirty five days to grant. Fourteen scars, some rated as painful, were added to the mix,  an implantable cardioverter-defibrillator will always get you a 100% P&T, and so will class 3 kidney failure. Severe Neuropathy x four limbs adds up quick at 40% per limb and will get you the bilateral factor too.
In 2016 I was granted R-1 for A&A plus loss of use of two limbs with an effective date of November, 2016. I banked my retro, got my vehicle grant with adaptive equipment, and initiated my specially adaptive housing grant. Next I filled an appeal for an earlier effective date back to 2011 on the R-1 grant. As one would expect, he appeal was DENIED at the RO. I filed an appeal with the BVA. The BVA DENIED the claim.  I then conferred with Alex Graham who was too booked up to take my case but instead hooked me up with the CCK law folks. We then took the case up to the CAVC. At the CAVC the case was granted a joint motion for remand (JMR) and the case was sent back to the Board and, in turn, was remanded back to the RO where it was once again, DENIED. Next a higher level revue (HLR) was filed and the result was that the Veterans Law Judge (VLJ) found a failure of the VA's duty to assist. A C&P was ordered to rectify the error as to be compliant with the VA's duty to assist order and the case was returned to the VLJ for a new decision.
On October 14th 2022, a new decision was rendered. I was granted five years earlier effective date of R-1 with five years retro.
In the interim, on August, 1, 2020 was granted SMC R-2. My final rating is R-2. Considering the fact that there is no VA rating higher than an R-2, and my back pay issue has been addressed by the Court and now meets my satisfaction, I am at the end of the line as far as VA claims are concerned. The only outstanding future issue is a hard earned burial flag and a small plot of ground in the Tennessee State Veterans Cemetery just west of Nashville.
P.S. I need to add that on June 22, 2022, I won the very first PCAFC case granted at the BVA. That grant by the Board was for PCAFC level 2 caregiver benefits for my caregiver.

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.

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.

Tbird, you have been my sounding board for all of these years, thanks!

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.

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.
https://www.prosthetics.va.gov/psas/HISA2.asp

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

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

Why not file? I filed for the increase because I had the evidence to support an increase based upon the fact that the diabetes was limiting my activity level, and that constitutes a 40% rating. I went for the Maximum rating of R-2 and I did achieve that goal.

jbasser, My fight lasted so long that I will find it hard to settle down and quit swinging and throwing punches.

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.

I began my VA claims saga in 2005. My first success was in November 2009, whereupon I was granted the very first claim for AO exposure at a military instillation in CONUS. That award was a 100% P&T plus an "S" award and 1 "K". The award was for Diabetes due to AO exposure, ischemic heart disease claimed as secondary to the Diabetes, and Chloracne. In the subsequent years there have been numerus other claims and grants including three 100% P&T awards. I filed for, and won at 100% P&T, loss of use of right hand and right foot. In July 2020, Fournier's Gangrene dammed near killed me and I won that one too, in short order. That Fournier's Gangrene claim as secondary to chloracne, took forty five days, submission of the claim until grant. Severe anxiety and depression as due to my service connected general medical conditions claim only took thirty five days to grant. Fourteen scars, some rated as painful, were added to the mix,  an implantable cardioverter-defibrillator will always get you a 100% P&T, and so will class 3 kidney failure. Severe Neuropathy x four limbs adds up quick at 40% per limb and will get you the bilateral factor too.
In 2016 I was granted R-1 for A&A plus loss of use of two limbs with an effective date of November, 2016. I banked my retro, got my vehicle grant with adaptive equipment, and initiated my specially adaptive housing grant. Next I filled an appeal for an earlier effective date back to 2011 on the R-1 grant. As one would expect, he appeal was DENIED at the RO. I filed an appeal with the BVA. The BVA DENIED the claim.  I then conferred with Alex Graham who was too booked up to take my case but instead hooked me up with the CCK law folks. We then took the case up to the CAVC. At the CAVC the case was granted a joint motion for remand (JMR) and the case was sent back to the Board and, in turn, was remanded back to the RO where it was once again, DENIED. Next a higher level revue (HLR) was filed and the result was that the Veterans Law Judge (VLJ) found a failure of the VA's duty to assist. A C&P was ordered to rectify the error as to be compliant with the VA's duty to assist order and the case was returned to the VLJ for a new decision.
On October 14th 2022, a new decision was rendered. I was granted five years earlier effective date of R-1 with five years retro.
In the interim, on August, 1, 2020 was granted SMC R-2. My final rating is R-2. Considering the fact that there is no VA rating higher than an R-2, and my back pay issue has been addressed by the Court and now meets my satisfaction, I am at the end of the line as far as VA claims are concerned. The only outstanding future issue is a hard earned burial flag and a small plot of ground in the Tennessee State Veterans Cemetery just west of Nashville.
P.S. I need to add that on June 22, 2022, I won the very first PCAFC case granted at the BVA. That grant by the Board was for PCAFC level 2 caregiver benefits for my caregiver.

I began my VA claims saga in 2005. My first success was in November 2009, whereupon I was granted the very first claim for AO exposure at a military instillation in CONUS. That award was a 100% P&T plus an "S" award and 1 "K". The award was for Diabetes due to AO exposure, ischemic heart disease claimed as secondary to the Diabetes, and Chloracne. In the subsequent years there have been numerus other claims and grants including three 100% P&T awards. I filed for, and won at 100% P&T, loss of use of right hand and right foot. In July 2020, Fournier's Gangrene dammed near killed me and I won that one too, in short order. That Fournier's Gangrene claim as secondary to chloracne, took forty five days, submission of the claim until grant. Severe anxiety and depression as due to my service connected general medical conditions claim only took thirty five days to grant. Fourteen scars, some rated as painful, were added to the mix,  an implantable cardioverter-defibrillator will always get you a 100% P&T, and so will class 3 kidney failure. Severe Neuropathy x four limbs adds up quick at 40% per limb and will get you the bilateral factor too.
In 2016 I was granted R-1 for A&A plus loss of use of two limbs with an effective date of November, 2016. I banked my retro, got my vehicle grant with adaptive equipment, and initiated my specially adaptive housing grant. Next I filled an appeal for an earlier effective date back to 2011 on the R-1 grant. As one would expect, he appeal was DENIED at the RO. I filed an appeal with the BVA. The BVA DENIED the claim.  I then conferred with Alex Graham who was too booked up to take my case but instead hooked me up with the CCK law folks. We then took the case up to the CAVC. At the CAVC the case was granted a joint motion for remand (JMR) and the case was sent back to the Board and, in turn, was remanded back to the RO where it was once again, DENIED. Next a higher level revue (HLR) was filed and the result was that the Veterans Law Judge (VLJ) found a failure of the VA's duty to assist. A C&P was ordered to rectify the error as to be compliant with the VA's duty to assist order and the case was returned to the VLJ for a new decision.
On October 14th 2022, a new decision was rendered. I was granted five years earlier effective date of R-1 with five years retro.
In the interim, on August, 1, 2020 was granted SMC R-2. My final rating is R-2. Considering the fact that there is no VA rating higher than an R-2, and my back pay issue has been addressed by the Court and now meets my satisfaction, I am at the end of the line as far as VA claims are concerned. The only outstanding future issue is a hard earned burial flag and a small plot of ground in the Tennessee State Veterans Cemetery just west of Nashville.
P.S. I need to add that on June 22, 2022, I won the very first PCAFC case granted at the BVA. That grant by the Board was for PCAFC level 2 caregiver benefits for my caregiver.

In October 2020, after more than ten years of exclusion and being fenced out from participation in the program for pre 911 veterans, the Program of Comprehensive Assistance for Family caregivers (PCAFC) under the new eligibility regulations in accordance with the provisions, and as defined by the Mission act, was expanded to include Vietnam era veterans. I applied for caregivers benefits on October 7, 2002.
Due to the flood of new applications the decision took about six months. Although, according to the new regulations, my caregiver and I clearly met the eligibility requirements for level 2 benefits we were awarded level 1 benefits.  I immediately appealed. I was denied with no reason or basis given. I again appealed. I was then told that two appeals was the end of the line for me in the appeal process. I then asked for a chance for recertification, as it had been a year since my original application submission. My request for recertification was approved by VISN 9 but I was warned that recertification could bring about severance from the program for myself and my caregiver altogether.
The recertification process produced a continued award of level 1 benefits. I again immediately appealed and was once again denied. I immediately appealed again and was denied the very next day, in less than twenty four hours, by the CEAT team in VISN 8. After six wrongfully denied appeals for level 2 caregiver benefits before the Veterans Health Administration, (the VHA), I was still being denied with no reason or basis for the denial which was certainly not in accordance with the laws and regulations governing the CPAFC program. I spent many hours upon hours preparing for each appeal.
During the prosecution of my claim and as due to a Court of Veterans Appeals case, the law was changed to allow more than just two VHA appeals. Now we were not limited to just two VHA appeals, we could also appeal to the Veterans Benefits Administration. (VBA). Now we could ask for a higher level review or a supplemental claims appeal which are useless as they are both adjudicated by the same folks, the VHA, who have already shown their ineptness in rendering fair and impartial decisions. The Court rendered a decision that we could also ask for a review by the Board of Veterans Appeals, and even to the Court if need be.
In compliance with the order of the Court, I was notified by the VHA that I could ask for a higher level review, a supplemental claim, or ask the Board to review my case. At the same time, I was warned by the VHA, in what I took to be a threatening way, that if I chose a Board review and the Board denied my claim, that would be the final and the end of it for me.
I asked for the HLR, and my case was quickly closed, no decision, just closed. Immediately I asked for a review by the BVA, and that my case be advanced on the docket as due to my being a R-2 vet. The Board agreed to advance my case on the docket as the evidence of record supported the advancement of my case on the docket.. 
On June 22,2022, the Board granted my level 2 CPAFC benefits using the exact same evidence of record as was used by the VHA to deny me so many times. The BVA furnished a full explanation of reasons and basis for its decision to grant the benefit. I will be looking for my retro back to October 2020, which is well deserved by my faithful caregiver's free labor of many years.
Let me say this in closing and you can draw your own conclusions as to whether or not I should or should not have prevailed and what your own chances are if the system isn't fixed. My VA providers and my outside providers, do and have always supported my claim for level 2 benefits with letters and record entries. I have three 100% P&T awards and many, many lesser awards for both physical and mental disabilities. I have fourteen large painful service connected and rated scars. I run on a battery. My body has been completely reconstructed from my knees to above my navel as due to service connected circumstances. More than a few doctors and providers have stated in the record that I cannot sustain in my home or community without a caregiver. No veteran of any era or branch of service has ever been awarded a higher disability rating than I carry, and no veteran of any era or branch of service draws more monthly compensation than I do. VISN 8 CEAT team conceded in February 2021 that I needed help with five of the seven listed ADLs but they ruled that I still did not need assistance so as to require level 2 benefits. Considering all that has been said here, for what reason was was I and my caregiver put through so much grief and agony to the point of loosing what little self respect that we had left ????????????

In October 2020, after more than ten years of exclusion and being fenced out from participation in the program for pre 911 veterans, the Program of Comprehensive Assistance for Family caregivers (PCAFC) under the new eligibility regulations in accordance with the provisions, and as defined by the Mission act, was expanded to include Vietnam era veterans. I applied for caregivers benefits on October 7, 2002.
Due to the flood of new applications the decision took about six months. Although, according to the new regulations, my caregiver and I clearly met the eligibility requirements for level 2 benefits we were awarded level 1 benefits.  I immediately appealed. I was denied with no reason or basis given. I again appealed. I was then told that two appeals was the end of the line for me in the appeal process. I then asked for a chance for recertification, as it had been a year since my original application submission. My request for recertification was approved by VISN 9 but I was warned that recertification could bring about severance from the program for myself and my caregiver altogether.
The recertification process produced a continued award of level 1 benefits. I again immediately appealed and was once again denied. I immediately appealed again and was denied the very next day, in less than twenty four hours, by the CEAT team in VISN 8. After six wrongfully denied appeals for level 2 caregiver benefits before the Veterans Health Administration, (the VHA), I was still being denied with no reason or basis for the denial which was certainly not in accordance with the laws and regulations governing the CPAFC program. I spent many hours upon hours preparing for each appeal.
During the prosecution of my claim and as due to a Court of Veterans Appeals case, the law was changed to allow more than just two VHA appeals. Now we were not limited to just two VHA appeals, we could also appeal to the Veterans Benefits Administration. (VBA). Now we could ask for a higher level review or a supplemental claims appeal which are useless as they are both adjudicated by the same folks, the VHA, who have already shown their ineptness in rendering fair and impartial decisions. The Court rendered a decision that we could also ask for a review by the Board of Veterans Appeals, and even to the Court if need be.
In compliance with the order of the Court, I was notified by the VHA that I could ask for a higher level review, a supplemental claim, or ask the Board to review my case. At the same time, I was warned by the VHA, in what I took to be a threatening way, that if I chose a Board review and the Board denied my claim, that would be the final and the end of it for me.
I asked for the HLR, and my case was quickly closed, no decision, just closed. Immediately I asked for a review by the BVA, and that my case be advanced on the docket as due to my being a R-2 vet. The Board agreed to advance my case on the docket as the evidence of record supported the advancement of my case on the docket.. 
On June 22,2022, the Board granted my level 2 CPAFC benefits using the exact same evidence of record as was used by the VHA to deny me so many times. The BVA furnished a full explanation of reasons and basis for its decision to grant the benefit. I will be looking for my retro back to October 2020, which is well deserved by my faithful caregiver's free labor of many years.
Let me say this in closing and you can draw your own conclusions as to whether or not I should or should not have prevailed and what your own chances are if the system isn't fixed. My VA providers and my outside providers, do and have always supported my claim for level 2 benefits with letters and record entries. I have three 100% P&T awards and many, many lesser awards for both physical and mental disabilities. I have fourteen large painful service connected and rated scars. I run on a battery. My body has been completely reconstructed from my knees to above my navel as due to service connected circumstances. More than a few doctors and providers have stated in the record that I cannot sustain in my home or community without a caregiver. No veteran of any era or branch of service has ever been awarded a higher disability rating than I carry, and no veteran of any era or branch of service draws more monthly compensation than I do. VISN 8 CEAT team conceded in February 2021 that I needed help with five of the seven listed ADLs but they ruled that I still did not need assistance so as to require level 2 benefits. Considering all that has been said here, for what reason was was I and my caregiver put through so much grief and agony to the point of loosing what little self respect that we had left ????????????

My bank account got a boost this morning due to a retro deposit as a result of a grant for an increase from R-1 to a R-2 rating. I filed a ready to rate claim on Feb 1, 2021. My C&P exam was preformed on Feb.12, 2021 and the claim was granted on March 16, 2021. I also was awarded an increase on Chloracne from 0% to 20%. I was awarded another 30 % for painful scars. I have seventeen rated scars, most scars are from four to fifteen inches long. I did not file on the scars, they were discovered on the C&P exam and awarded as a result of VA's duty to assist. 
I also have a COVA case pending for an earlier effective date of SMC R-1. I have won a joint motion for remand and the case is at the BVA awaiting a new decision at this time. I expect a decision in May or June.
I would like to thank all of the folks at Hadit for the years of correspondence, advice, and encouragement. I also must say that a lot of this would not have been likely without the experience, words of wisdom, and information provided from Alex Graham. 
I began my claims process sixteen years ago in 2005. My first success and grant was on November 2, 2009 with the first ever Agent Orange exposure claim granted for exposure at a post or base inside CONUS. That win was for 100% plus an "S" award and 1-K.
Hunter S. Thompson     STOLEN FROM ASKNOD'S BLOG!

I am impressed!
I filed a ready to rate claim at the Nashville RO for a R-2 rating on Feb 1, 2021 and was quickly scheduled for a C&P exam.  The RO made a decision and claim was granted in 46 days, start to finish, with retro in the bank.
 

My wife and I applied for the new pre 911 caregiver's benefits under the Mission Act on October 7th 2021. After going through the application process, three interviews, and the required training, we were successful.  My wife was assigned as my official caregiver and received her ID card and packet. 
The process took about five months. Her back pay will go back to the date of application. The problem is that she was awarded the lower pay level, level one. We immediately appealed the decision, asking for level 2 benefits.  I am a R-2 rated veteran. There are no veterans, either post 911 or pre 911 that have a higher rating than I do.  My wife assist me with seven ADL's and I could not sustain in the community without her help.  My question in the appeal is, if she does not qualify as a level 2 caregiver, then who does?
A veteran must appeal that kind of decision through the VA hospital patient advocate. The appeal is passed up to the proper VISN and they are bound by statute to make a decision within 45 days from the date of the appeal. I am confident that we will prevail.
A level one caregiver only receives 62% compensation.  A level 2 caregiver receives 100% compensation.  I feel that my caregiver fully qualifies as a level 2 caregiver and I am willing to stand up for her and fight for it.

I am impressed!
I filed a ready to rate claim at the Nashville RO for a R-2 rating on Feb 1, 2021 and was quickly scheduled for a C&P exam.  The RO made a decision and claim was granted in 46 days, start to finish, with retro in the bank.
 

My bank account got a boost this morning due to a retro deposit as a result of a grant for an increase from R-1 to a R-2 rating. I filed a ready to rate claim on Feb 1, 2021. My C&P exam was preformed on Feb.12, 2021 and the claim was granted on March 16, 2021. I also was awarded an increase on Chloracne from 0% to 20%. I was awarded another 30 % for painful scars. I have seventeen rated scars, most scars are from four to fifteen inches long. I did not file on the scars, they were discovered on the C&P exam and awarded as a result of VA's duty to assist. 
I also have a COVA case pending for an earlier effective date of SMC R-1. I have won a joint motion for remand and the case is at the BVA awaiting a new decision at this time. I expect a decision in May or June.
I would like to thank all of the folks at Hadit for the years of correspondence, advice, and encouragement. I also must say that a lot of this would not have been likely without the experience, words of wisdom, and information provided from Alex Graham. 
I began my claims process sixteen years ago in 2005. My first success and grant was on November 2, 2009 with the first ever Agent Orange exposure claim granted for exposure at a post or base inside CONUS. That win was for 100% plus an "S" award and 1-K.
Hunter S. Thompson     STOLEN FROM ASKNOD'S BLOG!

Thanks for the link Tbird! That,for sure, answers my question.

Thanks for the link Tbird! That,for sure, answers my question.