john999

My claim has been at "gathering evidence" phase for months and the only evidence is right at the VA. My claim is just gathering dust, so be it.

Bradley v Peake says that if you are total (tdiu) plus 60% you are entitled to "S". I got it that way. I would not be fearful of demanding what I am owed by VA. If you are 100% plus 60% and VA did not grant "S" that is a CUE.

Years ago I asked a American Legion VSO about filing a CUE. I thought he was going to faint. If you file a CUE on the foot it should not affect other claims, but perhaps it could slow down a decision if you are close. I filed a CUE while I had another CUE at the BVA. No problem except $8400 in retro and SMC "S".

You can have a clear and fantastic claim, but if you miss a C&P exam you are dead. Both me and a buddy here in Florida missed exams due to the VA cancelling the exams. I was then almost immediately denied for missing.....the exam. That took another few months to get an exam and delayed my reconsidered decision by 6 months. Be very, very sure the VBA and VA health system knows where you are and has valid phone for you. VAMC even wrongly changed my address due to screw up and I did not get my drugs from VA pharmacy. You have to keep your eyes on these guys. John

TestVet was a fighter. He knew he was very ill. I liked that guy even though I only knew him via Hadit. John

Throw it against the wall and see what sticks is VA Motto. My claim for increase in DMII is just sitting. All the evidence is at Bill Haley VA Hospital 20 miles from St. Pete VARO. I filed in June 2013 so the ink at VARO in my latest excuse letter is not even dry. They anticipate it will take one year to do this claim if Dems and Tea Party embrace and exchange big wet kisses.

If you get a denial on your CUE I would look around for a lawyer. CUE's get a lot of "push-back" from the VA, especially if they might set precedent. Mine seemed so simple, and yet is seven years old, and VA has challenged just about every word in their own definition of what constitutes a CUE. You may get a denial that simply says the "the decision in question contains no CUE". When you get to that point hire a legal eagle if you can find one with guts enough to take a CUE. If they take it then you know you probably have a CUE, but winning is another thing, so hitch up your depends like I did and fight. When Berta gets mad she just says to VA "Aw, just CUE yourself and the horse you rode in on".

You don't need a rep. Just a blank piece of paper. You can write "I wish to claim service connection for in-service injury dated --/--/----. My SSA is 000-00-000. My address is 000000000000. My phone is 999-999-9999. I am including a copy of my DD214." This is an informal claim and will get the ball rolling. It is that easy in is most basic form. If you have specific service medical records that show treatment or DX you could include copies.

My VSO's opposed my asking for increases every time I talked to them. They told me I was lucky to have 30%. When I got 70% my DAV VSO advised me not to appeal for TDIU. When I got TDIU I was asked for money for DAV help. Since I got TDIU I have filed 7 other claims mostly CUE and AO claims. I have never used VSO's, and I won all the claims because I had the evidence. I have one CUE that is with my lawyer now waiting on a decision at CAVC. I took NVLSP training and found it to be so basic it was almost worthless. These are the guys who are learning OJT on your claim.....not good. There are VSO's who post here and I exclude them from my remarks.

You need to file for the depression and anxiety. If you get denied it is time to get a lawyer to see what is going on with your whole claim. I got my discharge upgraded in bad, old days. If you have symptoms of bipolar during honorable period you need to get someone to really take hold of your claim since I know it is hard for you with your problems. I have apnea and a bunch of mental health symptoms and apnea sure aggravates them all. You may be able to get an upgraded discharge but you need a lawyer for that these days or talk to Justlurking here at Hadit.

Regarding TBI these can't last a life time. My father-in-law had a severe TBI from bomb concussion in WWII. He was never the same again, and was often psychotic and dangerous. His moods and behavior could turn on a dime. He was not like that I am told before the war. The Marines booted him out just as fast as he could remember his own name after the TBI. He got in trouble the rest of his life due to this injury.

These VSO's are not even strong political advocates for vets. If you have a claim you can't handle go get a lawyer is my advice. My lawyer calls me every time there is a new event in my case. If we win then he gets paid and I get paid. That is ok with me since he writes real briefs and goes to hearings prepared. Most of what happens with a claim is based on your evidence and not "handling fee" in terms of membership you get from VSO. I belong to DAV for life. What a waste. If you VSO sits down with you for an hour and helps you map out a strategy to win maximum benefits he/she might be worth a nickel. John

Over the last 40 years the VA has accused me of lying and faking it. This is standard for them. They believed nothing but the bad stuff I told them about experience in Vietnam. I mean "misconduct" they believed, but anything that would support a DX that would cost them money they tended to dispute. I won the disputes, mostly.

My shrink put me on 120mg's of Cymbalta a day plus clonazepam. Pain management has me on oxycodone and fentanyl patch. My neck still hurts as does my back. You just get used to it or throw the dice and let them cut on you. I have been cut on twice for shoulder and wrist and both failed. I don't know what to think. I don't want to be any more sedated than I am either. I do fear neck surgery. If they &^%$ that up you are in an Iron Lung.

Maybe if you can get it presumptive for your circumstances you can set an example for thousands of others. You never know with the VA.

What is 5103 Waiver Review request?

I have back and neck problems. I would not let the VA operate on my neck for all the tea in China. I would not let them treat me for an infection unless I wanted to lose an arm. I have medicare and BC. If I want money I go to the VA to document my claims. If I am really in need of medical care I go to private doctors that I choose.

Do you have Chapter 35 benefits in your TDIU decision?

I spoke to him more than once recently. He knew his death was coming. He was in a lot of pain. I think to some extent the VA killed him by making him stress out for years waiting to get his 100% for his heart and PTSD.

Great news!

Housebound can be based on total disability plus 60%. Total disability could be TDIU or 100% scheduler. I got mine based on 70% TDIU P&T plus an extra 60% plus. I had to file a CUE to get it with two years of retro. That was Bradley v Peake 2008 I think. Then as others have mentioned you can get it for really being housebound. It seems to me that if you are disabled enough to get HB based on actual inability to leave your home you probably have a higher level of SMC than HB. The best way to get K is to have DMII. If you are treated with SSRI's or any strong pain meds you probably will have ED. Many meds can cause it.

Sometimes when we make changes for the better it makes other people close to us uncomfortable. They want you as you were even if that was not good for you. When I started to get my life together after a very hard time my family did not really support me. When I started to contribute to the bottom line they like that a lot.

If you suspect a legal error take your claim to a VA lawyer. The cannot get paid until you file a NOD on a decision, but they might point out error if they think you are going to hire them to represent you. I found a CUE in my lack for an SMC "S" rating. I did not even know I had a CUE. I just knew I should have had "S" and did not get it. If you post your decision here someone will point out error if they recognize it. I believe I have a CUE in my original rating but I had to shop it around to get a lawyer to take my case. After he looked at my rating he saw the error and thought it was so obvious that we would win at DRO. That was about 5 years ago. The VA does not like to admit a mistake when it will cost them six figures in retro, and set a precedent. John

The thing about a CUE is that it can nullify other decisions down the road. If you win a CUE that awards you 100% then lower ratings you may have gotten later must conform to rules on reducing a 100% vet. This is what I am hoping for myself.

Your mood disorder as it stands is worth more than 30%. You filed for PTSD but were denied. Did you have combat experience and did VA verify back when you were denied? I am trying to think how you would get EED. Your C&P says mood disorder most likely started in military due to stressor. That is a sure thing and at least you can get higher rating for that now. You may be able to get 100% just for mood disorder.