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mbl22885

Second Class Petty Officers
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About mbl22885

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Service Connected Disability
    0
  • Branch of Service
    Air Force

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  1. Ebennies. I haven't really looked into va stuff hardcore in a while and I'm honestly beat down most days that I couldn't dedicate the time and energy to go hardcore again, but I knew about the vas duty to infer and the m-21 letter jumble it falls under. So I started ebenefits chats and iris inquiries seeking info and got the bs answers you'd expect. Then I'd save the conversations as PDF files and submit them as part of my claim and say "the va is obligated by law to assist veterans in claims and these are the resources we are provided." Eventually (and not easily) I found the updated m-21 word jumble for the vas duty to infer, and it was basically the same thing as before except they had removed "duty to infer" and replaced it with "issues within scope." And it's legalise, but it's legalise that's incredibly favorable for veterans. One of the main favorable things is that the va is supposed to give the available evidence a "sympathetic reading," and the VA hardly ever applies any of this. And the VSOS know this. It's why they tell vets who get to 100% scheduler to not try for more. So I raised hell with whoever I could think of. State senator, WWP and IAVA, Presidential Veteran complaint line, direct e-mail to the president, and so on.
  2. I supplied them with a pdf copy of M21-1R, part III, subpart iv,6, B and said if it wasn't applied accordingly to my claim that I would immediately file a CUE. It's not a FDC either. And from my experience and what I've read on here, when they send you back for a c and p, they send you back to gathering of evidence.
  3. Has anyone ever had this happen on ebenefits? To be clear; my claim was at pending decision approval yesterday, and now today my claim is at under review. I know at pending decision approval they can send it back for more evidence, but doesn't the claim usually go back to gathering of evidence?
  4. Thank you for the reply. I just took a screen shot of ebenefits. There's no where on ebenefits where I can find something that directly says what the AA is for.The decision paperwork is in a box in a closet and I'd have to dig it out, but it definitely says it's for the PTSD. Like I said, I've got kids and my ratings reflect my state, so I'm not too keen on digging through that box to find the decision paperwork at the moment. I could provide the portion of the c and p exam (I have a PDF copy on my computer) that was used to grant permission for AA due to PTSD and I'll try to in a bit, but my SAH/SHA Grant application went from pending decision approval to complete this morning literally as I was on the phone with the national SAH agent help line to see if they could find anything out. There wasn't much they could offer in info, so I called my "representative" the WWP to see what they could do and they said it'd be 3-5 days before someone would contact me. Anybody have any ideas on how I can find out the decision? Called 8008271000 and the representative didn't even know what an SAH agent was.
  5. Once again, you're wrong. Like I have the decision letter. I have a copy of the c and p exam that the approval was based on. "Or with such significant disabilities that..." Once again, leaglise. The PDF below pulls from multiple sources, including the CFR and M21. You should stop giving your opinion as fact. 38 CFR 3.350 has to do with SMC entitlement, not SAH/SHA. https://www.law.cornell.edu/cfr/text/38/3.809 (b)Disability. The disability must be due to: (1) The loss or loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, (c)Preclude locomotion. This term means the necessity for regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion although occasional locomotion by other methods may be possible. "Such as to" doesn't mean "absolutely must." "...although occasional locomotion by other methods may be possible" opens the door to a lot of things. And that's just looking at one of the possible criteria. SMC at the aid and attendance rate is payable when a veteran.docx.pdf
  6. I understand, I apologize if I came off as hostile. I'm all the things I'm rated as and I have a 3 and 1 year old I'm trying to be the best I can be for, so frayed doesn't even begin to explain it. I seriously thank you more than anything. I try to never assume anything, but when I do it's mostly negatively, so even if I do have a take on something like this that borders on positive, I immediately start to chip away at it. My experiences with the VA to this point have taught me that if they have even a microscopic reason to deny, they will. I'm drained right now, but eventually I'll read and comprehend to the best of my ability what you posted, and then If I have to, I'll apply it. And my claim will be better for it.
  7. Thank you and I'll give updates. Tomorrow I'm going to talk to the SAH agent to see if she can find anything out. The WWP "represents" me, so I'm going to try the same with them if the SAH agent can't find out anything. If it's not favorable, I have further medical evidence to submit and I'll more clearly lay out my argument. My first child was born with A congenital defect that resulted in a 21 day stay in the NICU. There's no family history of it on either side, so it being hereditary is pretty much out the window. I would read him this poem and still do. "if you’re going to try, go all the way. otherwise, don’t even start. if you’re going to try, go all the way. this could mean losing girlfriends, wives, relatives, jobs and maybe your mind. go all the way. it could mean not eating for 3 or 4 days. it could mean freezing on a park bench. it could mean jail, it could mean derision, mockery, isolation. isolation is the gift, all the others are a test of your endurance, of how much you really want to do it. and you’ll do it despite rejection and the worst odds and it will be better than anything else you can imagine. if you’re going to try, go all the way. there is no other feeling like that. you will be alone with the gods and the nights will flame with fire. you will ride life straight to perfect laughter, its the only good fight there is."
  8. No offense, but I think you're overlooking the legalise of the wording. "Loss of use" is not clearly defined as it is currently written. It doesn't say to what degree the "lose of use" has to be among other things. I essentially was told the same thing about qualifying for SMC L due to PTSD by various VA employees and VSOs, yet I fought and SMC L for my PTSD was granted. "With widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms:That are constant, or nearly so, and refractory to therapyNote: Widespread pain means pain in both the left and right sides of the body, that is both above and below the waist, and that affects both the axial skeleton (i.e., cervical spine, anterior chest, thoracic spine, or low back) and the extremities." Thank you for the reply though.
  9. Thanks for the reply and the well wishes. The SAH agent handling my claim contacted me the day I applied and told me to not expect to hear anything for a while, so I was pretty taken back by the claim all of a sudden being at pending decision approval. I'm going to make contact with the agent on Monday and see if she can get an idea of what the proposed decision is. I'm kind of leaning towards the quick turnaround being a good thing, but my previous experience with the VBA and PTSD tells me "It's a denial. They don't think you'll push it further over fear of potentially losing benefits."
  10. On 08/07/17 I applied for the housing grants and my claim is already at pending decision approval, so I'm not really sure what to make of the quick turnaround. I am rated 100% P and T with SMC L for PTSD, 40% for Fibromyalgia, 10% for left elbow lateral epicondylitis with painful motion of the forearm, 10% for left elbow lateral epicondylitis with painful motion of the elbow, and 0% for IBS. (Yep, as the blue shows, I'm copy and pasting from ebenefits) When I applied, I included this statement: "I had a compensation and pension exam for Fibromyalgia (among other issues) with a Dr. X on 08/12/2015. Dr. X findings from this exam led to a rating of 40% from the VBA. 40% is the highest value the VA will place on Fibromyalgia, despite as noted in Dr. X exam that my condition exhibits widespread musculoskeletal pain and tender points, with fatigue, sleep disturbance, stiffness, irritable bowel symptoms, depression, and anxiety that are constant, or nearly so, and refractory to therapy. As X exam explicitly states, "vet has daily pain in all large muscle groups limiting any exertional activiites." These large muscle groups most certainly include those found in the arms and legs. Also, as it is noted in the exam and VBA criteria for a 40% rating, the Fibromyalgia must be "refractory to therapy," which essentially means "incurable," so in other words, my Fibromyalgia is permanent." Any opinions on the quick turn around and what the possible reason is?
  11. 100% P and T SMC L

    "It is easy to forget that aid and attendance and housebound benefits are available to mentally disabled veterans because many special monthly compensation benefits are limited to disabilities that involve the anatomical loss of a body part, the loss of use of a body part, or blindness and deafness. 429 However, many of the difficulties associated with the need for aid and attendance might apply to veterans with mental disorders, such as inability to keep self ordinarily clean and presentable and incapacity which requires assistance on a regular basis to protect self from hazards or dangers incident to the daily environment. Therefore, the grant of special monthly compensation can result in a much higher monthly compensation payment for some veterans with service-connected mental conditions." This is part of the SMC content of the 2007 lexisnexis VA benefits guide. Another Vet had posted it on another forum. It's a good starting point for understanding how to get SMC L with PTSD. My biggest issue was the protect self from hazards or dangers incident to the daily environment, mostly in the form of leaving the stove on among similar electrical devices.
  12. 100% P and T SMC L

  13. 100% P and T SMC L

    Yesterday I found out my approval for permanent and total status for my PTSD had been finalized. I was approved for SMC L for PTSD earlier in the year. I'm 31 years old and there is no way my 100% P and T SMC L rating would have been possible if it weren't for the invaluable information contained on this message board. There is still a rocky road ahead I'm sure, but I at least have comfort in knowing my family has security in a way I never thought I'd be able to provide. Thank you to you all, from the site operators, moderators, to the members. The wealth of information you guys provide is invaluable and I feel nothing short of blessed to have discovered this message board.
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