Jimmer

Hi Everyone! I want to thank you all for the great job, that you are doing.   Your "wealth" of information has help me a great deal, getting claims approved, which I am throughly grateful for.  I have a question.  I am receiving SMC-S as a result of 100% diaphragmatic paralysis, 80% for vision, and several other disabilities.  My eye doctor, who used to work at the VA informed me, that I am now "legally blind" in my left eye, and that i meet the criteria for SMC-K.  He has written two letters stating just that.  My VSO says that SMC-K, is included in the SMC-S. My eye doctor says "hell no", that SMC-K is separate from SMC-S, and that I meet the criteria the VA established for being legally blind in one eye.  I am confused.  Is the SMC-K separate from SMC-S?  My eye doctor tells me to go ahead and apply.   Thanks Jimmer

paulstrgn,  You are spot on!  I agree with you 100%!

Paul,  Congrats!   If your retro is under $25K you should hear real soon.  Otherwise you might have to wait a little while.  I also had a case before the judge for Diaphragmatic paralysis, and my back, and they ended up giving me the Diaphragmatic paralysis, and found several things,  (8) with my back which they rated and awarded me from  10 to 20%, including surgical scar.  Mine took nearly  six months because my retro was around $50K.

GBArmy:  Thanks for the input.  I know a number of guys were wondering about the time frame of getting the results, monies, etc.  I cannot stress enough about going Prepared for the DRO hearing and being organized!  The DRO only had three questions, and I answered them quickly and he was satisfied.  I made sure I pointed out the facts, referred to the DBQ's and the "nexus letter", and the qualifications of the doctors.  It was not intimating at all.  He listened very carefully, took notes.  Making a extra copy is a big plus. especially if he writes on the first set you give him.  

Hi Everyone, I wanted to share my experience with having a informal DRO hearing and the results,  so as to help you when you have your hearing.   I had a DRO hearing  March 21, 2016.  It involved my lungs, back, spine area.  My VSO got the results on June 22, 2018, and printed the VA rating Decision letter for me.  I got everything I requested, and then some.  I was  give a rating for the scars on my back, sciatic nerve problems, both right and left leg, along with my lungs, back and spine.    I received my Retro Pay on February 19, 2019,  (it was over 50K) Nine different payments all on the same day, and I finally received my actual BBE from the V.A March 25, 2019.   Some of you will remember my situation,  Broncovet, Buck152, Ms. Berta.  I am the guy that had a C & P exam, that was supposed to be cancelled (via R.O.) but she was transferred and couldn't notify them, and the doctor I had said "I am going to deny you, that's what I do.  I deny everyone,  that's why they like me here.  But you should appeal, because you have a really good case".  Well appeal I did!  What I did, rather then get mad, I made sure I had all my evidence.  I prepared 28 pages on information, with a table of contents, numbering everything to make it easy for the DRO.  I had my DBQ's  Nexus letters,   and credentials of the doctors.  My doctors were "Board Certified Specialists" in their field.  I went step by step over the information, and pointed how these doctors were Board Certified.   The hearing took 90 minutes, and my VSO said the DRO person I had was one of the top ones, and a really fair individual.  I cannot tell you how important the credentials of the doctors were.  The DRO constantly made reference to their being Board Certified, and how that out weighed the V.A. doctors.   I didn't waste my time being angry, frustrated, etc.  I just made sure I had the information available for the DRO.  I also made a second packet for him, which he appreciated, as I seen he was taking notes and writing things on the original packet.   Also I qualified for SMC-S, as that was indicated on the letter, and began the beginning of March.   So I hope this helps.  I made sure I hade the information needed, but didn't want to overwhelm the DRO with couple hundred pages of stuff.   

Hi Everyone, I wanted to share with you a article that I read on military.com in which a Bruce (whatever his last name is) testified to a group on how the veterans are "gaming" the system, and getting PTSD claims approved.  First of all, I would like to meet this guy face-to-face and tell him what an idiot he is. (I would like to do more, but restraint  would be necessary).  First of all a V.A. doctor has to determine that you have PTSD, not someone from the outside.  Does this clown think the V.A. doctors are willing to "look the other way" on claims?  Quite the opposite.  Then you have to have a "stressor", that ties the PTSD with an military event related to the PTSD.  It took me four years to get PTSD disability, and the V.A. went thru everything with a fine tooth comb.  Lucky, I c-file confirmed my "stressor", and I had been going to the V.A. mental health facilities, meeting with various doctors, sessions, etc.  I still see them three times a month, and take five different  medications.  This guy, Bruce, based his information on veterans talking to one other about applying, saying it was easy, blah, blah, blah.  I don't know of any vet that has received disability compensation for PTSD, that had an easy road, and I have talked to a lot of them.   It is comments like this, that really anger, me, and gives the false impression, that vets are just "scamming" the system, and a way to give fuel to cut disability benefits.   I would love to here you comments, especially those of you getting PTSD disability benefits.  I am sure you did not have any easy road, the V.A. makes sure of that!

TBird, thank you very much for creating Hadit, and all that you do.  You are very much appreciated!  I cannot thank you enough for Hadit, and you all  the people that have helped me, like  Ms. Berta, Buck52, Gastone, Broncovet, Vync  and others, and have a wealth of information.  You guys really helped me, when the VA repeatedly kept on denying me, even though all my information was in the SMR.  You showed me what to do, and I was able to over come the "crap" at the V.A.  I had no idea about the appeals process, and once I was able to get it to BVA, it was corrected immediately.  I have a couple other issues, had a DRO hearing (almost two years ago) that could get "ugly".  I will keep you informed, and be needed your advice, as you have really been a godsend to me.  Thank you for all your hard work, each and every one of you.   Thank you for all the good work you do!

In a recent court case decision Sharp vs. Shulkin, the courts issued a favorable ruling pertaining to disability claims for individuals  with back, shoulder, neck, and joints.  The court said the current rating is "outdated".  The court states "The board must obtain a new VA medical examination and opinion that adequately addresses functional loss if any during "flare-ups".  The court will set aside portions of the March 16, 2016, board decision denying evaluations in excess of 10% FOR RIGHT, LEFT, SHOULDER, HANDS, ELBOWS, JOINTS, FOREARMS. BACK and remand those matters for additional development and readjudication  consistant with this decision".  This means that individuals with disabilities of the muscular-skeleton area stand a much great chance of receiving more then a 10% disability.  The case is dated 9/6/2017, and I just cam across it. 

prettypantha, Congrats!   I know you had a rough ride to get to where you are at now, as I have been following you situation.  You have gone thru a lot!  When you feel down or discouraged, I always remember the words of my favorite late basket ball coach Jim Valvano  who "Don't give up...Don't ever give up".

Berta, I go to the Phoenix, Az., facility, and I understand that the former director Sharon Helman who was fired, is trying to get her job back.  This is the "dirt bag" that falsified the wait times of veterans, and over 60 died as a result.  She also fired several whistle blowers, to cover up her scam.  This is when the "shit really hit the fan" with the cover up, and the government started looking into V.A. problems.   I have called Trump's hotline twice, telling them on no uncertain term does this louse , ever enter the doors of a V.A. facility.  Before this bill was signed, she was "pretty smug", and stated that she would get her job back.  I will call Trump and Shulkin  every hour on the hour if I find out she is getting rehired for any job at the V.A.  What went on at the V.A. under her watch was horrible beyond belief.   I am a pretty peaceful guy, but I hate to think what would happen if I confronted at the Phoenix V.A.  It would not be a pretty picture, for her that's for sure.

Hi Everyone, As I wait my fate after a DRO hearing (been 16 months) rather then worry about it, I took Broncovet advise that he has given to keep myself busy.  I just came across this bill called the  "Veterans Appeals improvement and Modernization Act".  The bill is expected to pass late summer as it as bi-partisan support (both Democrats and Republicans).  It is expected to speed up and shrink the claims process by creating "three" lanes of appeal.  Lane #1 "Local Higher level Review Lane' would allow a adjudicator to review the same evidence considered by the original processor.  Lane #2 "New Evidence Lane" , veterans can present new evidence for review and have a hearing.  Lane#3 "Board Lane" where jurisdiction is immediately transferred to the Board of Veterans Appeals (BVA).  Another factor of the bill is to improve original claim decisions notices so they more clearly inform veterans and advocates of the reason behind original decisions.  This will help determine whether to file an appeal, and which lane to choose.  Congress claims with the new bill they can cut average wait time for final appeal from five years to 125 days!  The only thing that could derail the bill, if member of Congress decide to attach other non popular initiatives on to the bill. They don't feel it will happen.  So late summer is considered the target date for passage.

Hi Everyone, As I wait my fate after a DRO hearing (been 16 months) rather then worry about it, I took Broncovet advise that he has given to keep myself busy.  I just came across this bill called the  "Veterans Appeals improvement and Modernization Act".  The bill is expected to pass late summer as it as bi-partisan support (both Democrats and Republicans).  It is expected to speed up and shrink the claims process by creating "three" lanes of appeal.  Lane #1 "Local Higher level Review Lane' would allow a adjudicator to review the same evidence considered by the original processor.  Lane #2 "New Evidence Lane" , veterans can present new evidence for review and have a hearing.  Lane#3 "Board Lane" where jurisdiction is immediately transferred to the Board of Veterans Appeals (BVA).  Another factor of the bill is to improve original claim decisions notices so they more clearly inform veterans and advocates of the reason behind original decisions.  This will help determine whether to file an appeal, and which lane to choose.  Congress claims with the new bill they can cut average wait time for final appeal from five years to 125 days!  The only thing that could derail the bill, if member of Congress decide to attach other non popular initiatives on to the bill. They don't feel it will happen.  So late summer is considered the target date for passage.

Hi Everyone, As I wait my fate after a DRO hearing (been 16 months) rather then worry about it, I took Broncovet advise that he has given to keep myself busy.  I just came across this bill called the  "Veterans Appeals improvement and Modernization Act".  The bill is expected to pass late summer as it as bi-partisan support (both Democrats and Republicans).  It is expected to speed up and shrink the claims process by creating "three" lanes of appeal.  Lane #1 "Local Higher level Review Lane' would allow a adjudicator to review the same evidence considered by the original processor.  Lane #2 "New Evidence Lane" , veterans can present new evidence for review and have a hearing.  Lane#3 "Board Lane" where jurisdiction is immediately transferred to the Board of Veterans Appeals (BVA).  Another factor of the bill is to improve original claim decisions notices so they more clearly inform veterans and advocates of the reason behind original decisions.  This will help determine whether to file an appeal, and which lane to choose.  Congress claims with the new bill they can cut average wait time for final appeal from five years to 125 days!  The only thing that could derail the bill, if member of Congress decide to attach other non popular initiatives on to the bill. They don't feel it will happen.  So late summer is considered the target date for passage.

Hi Everyone, As I wait my fate after a DRO hearing (been 16 months) rather then worry about it, I took Broncovet advise that he has given to keep myself busy.  I just came across this bill called the  "Veterans Appeals improvement and Modernization Act".  The bill is expected to pass late summer as it as bi-partisan support (both Democrats and Republicans).  It is expected to speed up and shrink the claims process by creating "three" lanes of appeal.  Lane #1 "Local Higher level Review Lane' would allow a adjudicator to review the same evidence considered by the original processor.  Lane #2 "New Evidence Lane" , veterans can present new evidence for review and have a hearing.  Lane#3 "Board Lane" where jurisdiction is immediately transferred to the Board of Veterans Appeals (BVA).  Another factor of the bill is to improve original claim decisions notices so they more clearly inform veterans and advocates of the reason behind original decisions.  This will help determine whether to file an appeal, and which lane to choose.  Congress claims with the new bill they can cut average wait time for final appeal from five years to 125 days!  The only thing that could derail the bill, if member of Congress decide to attach other non popular initiatives on to the bill. They don't feel it will happen.  So late summer is considered the target date for passage.

Hi Everyone, As I wait my fate after a DRO hearing (been 16 months) rather then worry about it, I took Broncovet advise that he has given to keep myself busy.  I just came across this bill called the  "Veterans Appeals improvement and Modernization Act".  The bill is expected to pass late summer as it as bi-partisan support (both Democrats and Republicans).  It is expected to speed up and shrink the claims process by creating "three" lanes of appeal.  Lane #1 "Local Higher level Review Lane' would allow a adjudicator to review the same evidence considered by the original processor.  Lane #2 "New Evidence Lane" , veterans can present new evidence for review and have a hearing.  Lane#3 "Board Lane" where jurisdiction is immediately transferred to the Board of Veterans Appeals (BVA).  Another factor of the bill is to improve original claim decisions notices so they more clearly inform veterans and advocates of the reason behind original decisions.  This will help determine whether to file an appeal, and which lane to choose.  Congress claims with the new bill they can cut average wait time for final appeal from five years to 125 days!  The only thing that could derail the bill, if member of Congress decide to attach other non popular initiatives on to the bill. They don't feel it will happen.  So late summer is considered the target date for passage.

Hi Everyone, I wanted to share with you a article that I read on military.com in which a Bruce (whatever his last name is) testified to a group on how the veterans are "gaming" the system, and getting PTSD claims approved.  First of all, I would like to meet this guy face-to-face and tell him what an idiot he is. (I would like to do more, but restraint  would be necessary).  First of all a V.A. doctor has to determine that you have PTSD, not someone from the outside.  Does this clown think the V.A. doctors are willing to "look the other way" on claims?  Quite the opposite.  Then you have to have a "stressor", that ties the PTSD with an military event related to the PTSD.  It took me four years to get PTSD disability, and the V.A. went thru everything with a fine tooth comb.  Lucky, I c-file confirmed my "stressor", and I had been going to the V.A. mental health facilities, meeting with various doctors, sessions, etc.  I still see them three times a month, and take five different  medications.  This guy, Bruce, based his information on veterans talking to one other about applying, saying it was easy, blah, blah, blah.  I don't know of any vet that has received disability compensation for PTSD, that had an easy road, and I have talked to a lot of them.   It is comments like this, that really anger, me, and gives the false impression, that vets are just "scamming" the system, and a way to give fuel to cut disability benefits.   I would love to here you comments, especially those of you getting PTSD disability benefits.  I am sure you did not have any easy road, the V.A. makes sure of that!

I mentioned this to my Congressman (via phone) and told him about the article.  He told me if he voted for this proposal his "political career is over".  He said any one in Congress who votes for this, is creating "political suicide".  We have to watch the politicians.  They are as sneaky and underhanded is can be.  They would steal food out of a baby's mouth, if they thought they could get away with it.  The main thing is to keep the "heat up", constantly.   For David Shulkin to even consider this idea, I have lost all respect for him.

Broncovet, Wow!  I am glad you are in a much better place now, with a better car, house and a better wife (makes a lot of difference). I was at the V.A. hospital in Phoenix, last week, when I ran into vet, that had about a dozen young men that were interested in joining the military.   He showed them how the veterans are treated that have become injured, how they have to fight for benefits they are rightfully entitled too, and how the V.A.  has an indifferent attitude toward the men that serve this country.  Needless to say, none of them decided to join the military, after his showing them around.  Maybe if we had more individuals that were aware of how veterans are treated, and less and less decided to join the military then the government might wake up.

I mentioned this to my Congressman (via phone) and told him about the article.  He told me if he voted for this proposal his "political career is over".  He said any one in Congress who votes for this, is creating "political suicide".  We have to watch the politicians.  They are as sneaky and underhanded is can be.  They would steal food out of a baby's mouth, if they thought they could get away with it.  The main thing is to keep the "heat up", constantly.   For David Shulkin to even consider this idea, I have lost all respect for him.

Flores97, Congratulations on your win, you richly deserved it!  You have been  a great help to me, along with Buck52, Ms. Berta, Gastone, Asknod, Broncovet, T-Bird,  and others helping me get  to the 100% P/T.  I still have a couple of other issues I am trying to resolve, but with your input along with the others, I know I will succeed.  You are a wealth of knowledge.  I come on this site quite often, and don't post much, but the information you and others provide, is worth more then all the gold in Fort Knox!  Thank you for all you have done to help me and others.  And like Buck52 says, sit back and enjoy and rest up, and get yourself healthy!  

Hi everyone, I just received the BBE that stated I was denied sleep apnea as a secondary to PTSD.  The denial was not surprising.  The fact they really never looked at my evidence is.   Yes I am going to file a NOD, immediately.  Some of the comments for the reason for denial, would be humorous, if it wasn't downright stupidity.  The VA indicates "on January 15, 2015, you reported to the examiner (NP) that had been diagnosed for sleep apnea, had had used a CPAP devise but were not currently using it. You reported that you planned to have another sleep study to re-evaluate whether or not to return to using it"  Not true, I told the "doctor wanna-be", that the machine was cumbersome, noisy, and difficult to move, and that I used it as much as needed, almost every day.  On August 28, 2015, I had a sleep study done, and my condition had worsen, and that I needed to use the CPAP machine, every night, giving me a small portable Mirage Quattro machine.  I had a DBQ and a letter filled out by a board-certified pulmonologist  who my sleep apnea was stated my sleep apnea  "more likely then not aggravated by my PTSD, and the PTSD was more likely then not  aggravated by my obstructive sleep apnea."   He went into detail explaining  how and why they effected each other.  The VA  stated the doctor "did not state your OSA is caused by your PTSD, however your he noted your OSA is aggravated by your PTSD". "Your private medical sleep study  indicated you need to use a CPAP machine, therefor no evidence shown of aggravation in this case".  Also they stated since I am at 50% PTSD, "adding OSA would be combined into a single rating of 50%."  Here is the kicker:  "to establishservice connection on a secondary basis, the evidence must show chronic disease or injury which resulted from a service-connected disability or was aggravated thereby".  This is what I was trying to do!  I spelled it out to them this was a secondary to PTSD, and the doctor indicated  the OSA was aggravated by the PTSD.  I am going to see the pulmonologist Friday, and have him redo a DBQ and another letter.   I am trying to find a way to reply, with downright biting scarcasm" to the VA.  Part of me wants to just request a BVA hearing and have letters, DBQ from a dozen "board certified pulmonologists" and shove it in the VA face!

Andyman73,  A hell of a lot better then the Vets are treated in the U.S.  In Germany for example, if a doctor has not looked at the veterans file, or refuses to accept the medical information a vet has provided at the exam, he likely would be suspended.  If a doctor or doctors engaged in the medical quackery that  63Charlie went thru, they would be suspended upon investigation, then fired.  Also a good chance that criminal charges would be brought against the doctor or doctors.  Germany doesn't screw around.  They hold the veterans in a very high position, and to screw over a  veteran can cost you dearly. 

Hi Everyone, I wanted to give you an update on my DRO hearing today 3/21/2016.   I took place at noon in Phoenix, AZ/. and it lasted about 40 minutes.  I went the informal route.  I made a two sets of the info needed (nexus letters, DBQ's, etc.) and numbered each item.  I had a recap page the stated what the item was an the corresponding number.  The DRO person told me, "I have been doing this for several years, and I have not such  a complete files like yours.  It makes my job much easier".  There were several issues involved, including   diaphragmatic paralysis, lower back,  dizziness/vertigo.  A couple of times when going over the information, the DRO person remarked, "I don't know why this is a issue, the file and supporting documentation, support the veteran's claim".   I felt good in the hearing, as the DRO seemed very knowledgeable, concerned, and took notes.  My VSO, had dealt with him before, and she said, he is one of the better ones, that I couldn't have received a better DRO person.  He told me at the end of the hearing that my information/documentation had supported my position, entirely.  So I will see what happens.   I owe a  wealth of gratitude for all of you help, preparing for this hearing.   Buck52, Asknod, Gastone, Navy4life, flores97, your input was spot on.  My VSO said I had done the best job preparing for the hearing of anyone she had ever seen.  The credit lies with all of you.  I couldn't have done it without your help.  If I missed naming  anyone, my apologies.  You have the wisdom and knowledge how to navigate thru the system.   Thank you once again.

Hi everyone,  I wanted to share a conversation I had yesterday at the County Assessor office.  I live in Arizona, and I called the assessors office in Phoenix, Arizona  to acquire about the property tax exemption for veterans.  I ended up talking to the nastiest , meanest  woman that I have encountered in a long time.  When I asked her for information, and the process for applying for the property tax exemption, she was very reluctant to give me the information.  The she said "the exemption is not just for you vets, it is for anyone that is disabled".  Then she said  "All you vets are the same, you are always trying to GAME THE SYSTEM".   "You want something for nothing,  just like asking for a hand out".  She transferred me to another lady, who was very nice, and apologized  repeatedly.   I managed to get the individual's name ( first name yes,  last name kind of tricky, she said it so fast when she answered the phone).  My blood is boiling!  I have contacted several individuals , including my state senator regarding this "slam".  To be treated like that is a disgrace, and I will not tolerate on behalf of myself, and all my brothers and sister in the military!   Shit will hit the fan!

Hi everyone,  I wanted to share a conversation I had yesterday at the County Assessor office.  I live in Arizona, and I called the assessors office in Phoenix, Arizona  to acquire about the property tax exemption for veterans.  I ended up talking to the nastiest , meanest  woman that I have encountered in a long time.  When I asked her for information, and the process for applying for the property tax exemption, she was very reluctant to give me the information.  The she said "the exemption is not just for you vets, it is for anyone that is disabled".  Then she said  "All you vets are the same, you are always trying to GAME THE SYSTEM".   "You want something for nothing,  just like asking for a hand out".  She transferred me to another lady, who was very nice, and apologized  repeatedly.   I managed to get the individual's name ( first name yes,  last name kind of tricky, she said it so fast when she answered the phone).  My blood is boiling!  I have contacted several individuals , including my state senator regarding this "slam".  To be treated like that is a disgrace, and I will not tolerate on behalf of myself, and all my brothers and sister in the military!   Shit will hit the fan!