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Don't forget that there are many benefits that are available for 100% P&T disabled vets. FIrst off, get started on CHAMPVA health coverage for you family. Takes about 3-4 months to process so keep any medical receipts you get because you can be reimbursed. Priority Group 1 for Health Care. Emergency Care Outside of the VA. Dental Care Benefits. Vision Care and Hearing Aids for Veterans. Specially Adapted Housing Program. Dependents Education Assistance Program. Veteran Readiness and Employment (Independent living program)

With the VA the basic's need to be covered. The nexus will usually not be established without a medical professional providing an opinion that gerd is related to the use of the CPAP. If you can get the primary care physician to make the connection in your VA medical records, then you have an IMO/E. Then when you submit the claim include as attachments any medical treatise you have, to include links to web pages from credible websites (like medscape, etc) that confirm what you are showing the VA. I had one claim with 25 different studies and websites that showed the VA's C&P examiner was wrong. The RO had to include all of them in the claim decision. Another win.

Bored? I get bored a lot. Can't work anymore, fall too much. They want me in a wheel chair, but I told them I would keep walking until I literally can't anymore. Have you applied for the Independent Living Program through CH31 before? Maybe set up a wood shop or get a nice camera and go out to national parks and get pictures worth framing...lots of options.

Family members can provide lay statements also. I had a vet that went off to the Army. When he came back his entire family noticed a substantial change in his behavior. The vet fell out during shots and was hospitalized for anaphylactic shock from it. He suffered BPII from this and was never the same. Two of the family members wrote lay statements describing their sibling as a strong leader who worked hard before he left, and was bats**t crazy when he returned home. His entire enlistment was less than 60 days (we won 100% P&T 31 years post discharge). Do not underestimate the power of lay statements. Lay statements are evidence and the RO "must" recognize any issue brought up in them. Eyewitness testimony is competent unless otherwise noted, and the RO cannot arbitrarily say it is not competent without a reason and basis, so the reason must be put in the decision.

If the claim is closed, you will be able to see what happened by signing in to EBenefits or VA.gov. The percentages will have changed in your ratings.

This is how to tie in the duty to assist. As noted before, the M21-1 directs the RO to consider "unclaimed subordinate issues and ancillary benefits". This is a directive, not an option, so it is reasonable to assume this is compulsory under the duty to assist. Any Vet who is awarded a qualifying rating should automatically be considered for UI. (I was.)

The M21 Adjudication Procedures Manual states that the RO should be considering all "unclaimed subordinate issues and ancillary benefits". I would take that to mean that the issue of IU should be reviewed automatically. In every claim I have made the RO made the statement that I was not getting IU appeared as if it were a built in step in rating decisions. V.ii.3.A.1.a.  Recognizing Issues and Claims When Preparing a Rating Decision When preparing a rating decision, the decision maker must recognize, develop, clarify, and/or decide all issues and claims, whether they are expressly claimed within scope of an expressly claimed issue, such as complications of the claimed condition, or unclaimed subordinate issues and ancillary benefits, or compensation entitlement issues that arise based on the Department of Veterans Affairs’ (VA’s) review of evidence, such as reductions of service-connected (SC) disability evaluation clear and unmistakable errors (CUEs) entitlement under the Nehmer stipulation, or competency reviews. (That section refers to this section. The table in this section, toward the end, directs:) V.ii.3.A.2.b. When to Address Subordinate Issues and Ancillary Benefits "the schedular disability requirements for IU under 38 CFR 4.16(a) are met, and there is evidence in the Veteran’s claims folder or under VA control that indicates he/she may be unemployable due to SC disability" (So it should be part of the process, and also refers to this section) M21-1, Part VIII, Subpart iv, Chapter 3, Section B - Individual Unemployability (IU) Claims Development (Which is the step by step guide for IU development) So if the RO failed to do this, and notice was not in your claim decision before this, then it was a mistake on the part of the RO. These are the way problems are created that result in the denial of benefits. Regardless of the outcome of the entitlement to these benefits when any Vet is denied this step, it technically violates our due process rights.

Sit down and make a list of times when the VA did not follow the USC, CFR, or the M21-1 in your claim/appeal/remand. I would speculate that over the last 20 years you would have a fairly good number of times. Now, imagine if they did NOT make those errors, how many years ago would your claim/appeal have closed? That is worth making an IG complaint about. Errors are a denial of benefits. Every time this happens it also costs the taxpayer more money as well because they pay the Judges, the Lawyers, and the rest of the VA employee's to make those mistakes and deny legitimate benefits. Benefits are compensation for the loss of income that you experience directly due to your service to our nation. I have heard to many times how these denials result in the Veteran and his/her family living in poverty because of it.

They did this to me on my 1st claim. They lowballed the rating at first, but I raised the documentation in my VA Med Records and non-VA Med records that met the specs in the 38 CFR. After 4 months, they gave me the correct rating plus backpay. This happens all the time with RO's. They are so backed up and loaded down with claims that they do not have the time to comb through your medical records, so they miss specifics and fail to get the correct ratings. The best thing any Vet can do when they submit a claim (new or increased) is to highlight relevant information and make a "shopping list" for the RO to use. By showing them the specific records, it avails them of combing through your records (which can be very time consuming when you have a hundred claims per week to process). If the RO still lowballs you, then you can document an error supported by medical evidence the RO had when s/he processed the denial/error.

It would be nice to setup a sample letter as an example for those in this situation in the future. A specific outline for VocRehab applications would seal the deal in most cases.

Medical treatise is good evidence. The standards that show that you were more likely to be injured would need to be considered by a Dr and confirmed as "more likely than not" , "as likely as not" or "is due to" to have meaning. I suppose this is what the VA is looking for in the new C&P. Flight records and medical records from then "and" now are good evidence, but you also have statements from more than one MD, so you should not have a problem with the nexus. Hopefully the MD statements were conclusive, and not speculative. The VA has a habit of disregarding statements that are not worded in a definitive way on etiology (cause of the condition). The best is to use the phrases hyphenated above.

I have seen my share of veterans who drown out the pain from PTSD and other conditions with drinking and/or drugs. I have also seen some die because of it. The severity of the scars can be quite severe and disrupt the strongest battle hardened man. When suicide is brought to mind, we get the image of someone actually trying to take their own life, but it really goes much deeper. The loss of hope in the eyes of good people makes my heart weep. A lot of vets are living in the woods. I have personally met several of these vets who have existed well below the poverty line for 10-20+ years. They live life one day at a time with the goal to get high and stay that way. We have seen record amounts of fentanyl cross our borders in the US this last year. ANY vet doing these drugs can die in a matter of seconds from a "hot shot" (heroin or speed laced w/fentanyl and injected). This is also a form of suicide. I have brought Vets to the local VA domiciliary, and some did turn their lives around, but there are many more across the country in the same shoes. Others refused to go, and are no longer with us. The last year I was able to reach out to the people in the woods, 63 people had killed themselves this way. I know at least a dozen were Vets. If they could solve this problem, it would be huge.

Purchasing power is eroding. That means that the buying power of $1 in 1980 is equal to 27 cents today. For that to balance out the pay rates would need to be almost 4 times what it was in 1980. The actual COLA increase amounts to about $3.20 so the decrease of about 72 cents per dollar equivalence is our loss of purchasing power. That is an erosion of 22 cents on the dollar. The cost of rent and housing has risen faster than COLA as well, and in some area's (Cali, DC, NYC, etc) the increases are staggering. A 100% Vet living in some of those area's could barely survive.

The SSA does the same thing. VA and SSA pretty much get the same COLA. One problem SSA has is that most of the increase (or a majority of it) is sucked up by higher Medicare costs. Vets are lucky (sort of).

Joke of the day: Tell VA you need it now.

It would be a Godsend. Being able to ID errors and give notice (2 way communications) to the RO would likely reduce the number of appeals substantially. That might be the entire reasoning behind the blackout. The less appeals, the less they need funding, ergo the more appeals the greater need to petition Congress for more tax dollars. The logic behind government funding is in direct contradiction with conservation.

To see if its P&T look on va.gov to get the letter on this. The one that says "Benefit Summary and Service Verification Letter" has info for this.

The threshold on this is the intermittent issues that are noted as criteria for the 100% rating. A lot of the noise the exam raised the point of the severity of your condition. I failed to gather the logic the RO used that the condition more nearly approximates the criteria required for that rating. Yes, the rating criteria for 70% would need to be present if symptomology for 100% would be considered. Criteria specific to 100% is clear, which is spelled out "Such as" in CFR rating info. "due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name." The threshold for 100% "IS" specific (but not all inclusive) in the CFR. I did not see any medical info in the decision you posted that would say the intermittent condition did not affect your ability to work.

V.ii.3.D.2.e.  Choosing Between Two Levels of Evaluation 38 CFR 4.7 provides that where there is a question upon review of the evidence as to which of two evaluations shall be assigned, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. Important: 38 CFR 4.7 does not preclude application of the reasonable doubt doctrine. When the decision maker concludes that the facts equally (or approximately equally) support two levels of evaluation such that each is as likely as not warranted, the higher evaluation will be awarded. 2 Determining a Disability Evaluation Based on Rating Schedule Criteria V.ii.3.D.2.d. Considering Rating Criteria That Utilize “Such As” The use of the phrase “such symptoms as,” or a similar phrase, followed by a list of examples, provides guidance as to the variety of symptoms contemplated for each rating, and permits consideration of other symptoms, particular to each Veteran and condition. Reference: For more information on the use of the term “such symptoms as” in the schedule of ratings for mental disorders, see Mauerhan v. Principi, 16 Vet.App. 436 (2002). M21 info on this. may be useful.

Ask the VARO first. There is a possibility that a HLR would note that under 3.156c your request for an EED is valid. This takes the least amount of time. In your submission for HLR make sure you refer to 3.156c specifically. "in reference to 38 CFR 3.156c, which states " Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section....(4)...Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim." I request an EED of (day after your discharge)." This would not be considered new evidence, and should be acknowledged by the RO in a HLR. If the HLR fails, then submit an appeal. My last HLR took just over 1 month (they made the same error that the orig RO did so its appealed).

Go to a spine specialist. Ask them to note the etiology of your current radiculopathy. Take any x-rays/MRI's you have had with you to this appointment. Your goal is to see if a medical professional will attribute the radiculopathy to your service connected cervical spine condition. If they say that the conditions may be caused by the auto accident, you win. They can put these notes in the medical records, and this should be as effective as an IMO/E. Then submit the records as new evidence in a supplemental claim. You should also go for Lumbar if you have a lot of low back pain as well. X-rays and MRI's can be done within the VA system. If you cannot get the PCP or ortho to attribute the injuries to auto accidents then go to a non-VA specialist the same as above. It should be easy to show a history from Active Duty for your accidents then. If you go in asking non-VA spec's for letters to submit to the VA, the non-VA spec's will cover their liability, and many will shrink back from that or charge you substantial amounts to get that done. If you ask them to put the likely medical etiology in your medical records, it is much easier and cheaper to get them to cooperate.

Working on this.

The C&P examiner may not have noted the list you gave him. This is why you must document the prescriptions, preferably by a qualified medical professional. A medical professionals opinion in your medical records about this should put the balance of the evidence in your favor. It is the RO that must be convinced. At this point it sounds like the RO took the word of the C&P examiner. You can pay for an IMO, or try to get your PCP to enter the statement I posted above into your VA Medical Records. I would take the cheapest route first as a common sense measure. Why pay if its free?

This is very true. Beyond that, the professional that you chose may have a strong effect on the outcome. Lawyers that specialize in Veteran Law have medical professionals that are aware of what the lawyer requests and how the wording must be done. You can go to a professional on the block and get an IMO that is just as useless as many of the C&P exams the VA provides. I understand that you are dealing with an issue that goes back 20 years. I am not sure, but it sounds like a substantial amount of back pay would be due going from 70% to 100%. A good lawyer in your corner at this point would not be the worst decision you have made. You have been fighting the VA for years from what I understand and they have frustrated your purpose at every opportunity. Maybe it is time to seriously consider this step.

In April 2018, the National Veterans Legal Services Program (NVLSP) won a legal victory against the VA on behalf of an Army veteran with knee injuries. I think that the NVLSP has shown it is capable of fighting the VA. You should talk to these folks for help, and if they think that you can succeed, they will probably represent the class for (maybe free).