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Everything posted by allansc2005

  1. @Buck/brokensoldier, After reading the many BVA cases, Peake for example, I'm concluding that an IU with COMBINED ratings less than 100%(not the IU itself), DOES NOT meet the requirements for the ONE condition that's 100% and another/other condition(s) that are at LEAST 60% in order to be eligible for SMCs. BOTTOM line, if you don't have ONE scheduler condition rated at 100%(IU or not) and another separate and unconnected condition rated at 60% or more, then you are NOT SMC qualified. Berta, anyone else..., any comments to add? Thanks, Allan 2-2-0
  2. @Buck/Broken, Isn't the stipulation for SMCs that you have to have ONE condition that's 100%? In other words, the IU my veteran has is combined, and her highest rated disability-PTSD within that IU is 70%. I understand you have to have another condition that's totally separate and distinct from the IU @ 60% to qualify for SMCs. Thanks, Allan 2-2-0 HOOAH!
  3. brokensoldier, The court decision is complicated, but let's remember, my veteran's PTSD was only rated at 70%. Just to humor my ignorance, please point out where in this court decision it says explicitly that IU is considered 100% as it applies toward SMCs. Thanks, Allan 2-2-0 HOOAH!
  4. @brokensoldier244th Could you possibly give me some references that show that IU(in itself) counts as 100% toward SMCs? Wanna make sure I give the veteran accurate documented information BEFORE she moves forward with SMCs. Thanks, Allan 2-2-0 HOOAH!
  5. Morning folks, hope all is well. Got a veteran who was just awarded TDIU P&T, and one of his conditions used for that TDIU is PTSD which was previously rated at 70%. Q. Can that PTSD be used as a precursor to obtain a SINGLE 100% scheduler rating, thus opening the door for seeking SMCs? The veteran has a few other conditions that are not included in the TDIU for which a 60% rating is achievable in order to qualify for SMCs. It's my understanding that the entire TDIU award in itself DOES NOT count as a SINGLE condition-100% that's required to file for SMCs.
  6. Hamslice, Buck, bronco... I can tell you one thing for SURE, the C&P exam results will not match the decision I got, and that's a fact. I just talked to the doctor who conducted the C&P exam, he conducted the range of motion, bending, stretching.., measurements for LUMBAR conditions as I requested for my increase, NOT measurements for degenerative arthritis of the spine... @bronco, the issue here is about changing my original Rated Disability from 2008, giving me a C&P exam for what increase I asked for-LUMBAR spine(which I got), then turning aro
  7. @Hamslice, correct! My C&P results are on the way, but I know for a FACT the doctor examined me for degenerative disc disease, LUMBAR spine, a condition I was rated for back in 2008. So the VA totally erased the ABOVE off of my Rated Disabilities, and inserted degenerative arthritis of the spine with intervertebral disc syndrome, with the same 20% I had for the ABOVE Rated Disability! So Hamslice, is this a Clear and Unmistakable Error-CUE, or is this to be filed for a Higher Review(formerly known as NOD)? Please keep in mind, my request for increase was
  8. bronco, I think you're still missing my point. Let me put this as simple and plain as possible: I already had and have degenerative disc disease LUMBAR spine dated back to 2008. I asked for an INCREASE for that degenerative disc disease LUMBAR dated back to 2008. I DO NOT nor have I EVER been diagnosed with degenerative arthritis of the spine with intervertebral disc syndrome. That is what they came up with on the decision letter which WAS NOT what I asked for an increase for. IT JUST POPPED OUT OF NOWHERE. The decision letter stated that the degenerativ
  9. @broncovet Getting 100% scheduler and SMC's are my ultimate goals, and I know how to get there, but I think you misunderstood me. As I stated in my first post: 1. I was given a DENIAL decision for a Rated Disability I didn't have. See the Degenerative Arthritis Of The Spine ..I wrote about in my last post? That's not even a listed Rated Disability I had! 2. My C&P exam was for Degenerative Disc Disease, Lumbar Spine...which I asked for. Sum it up: I did not get the a decision for the condition I asked for, a decision which my C&P exam was
  10. Afternoon folks, hope all is well. I posted this question/concern a few weeks ago, but it seems to have fizzled out, got lost in cyberspace...something? Back on 12/23/2020 I had requested an increase for degenerative disc disease, lumbar spine(previously rated as chronic low back syndrome under DC 5237) currently at 20%, effective date 01/30/2008. Went to my C&P exam, doctor did the usual bend and reach, range of motion(ouch)..on my lower back, and because of the pain, he stopped in the middle of the exam because I was in pain, stepped over to his comput
  11. Don't be afraid to use a lawyer when necessary, but do your homework BEFORE you choose one. Allan 2-2-0 HOOAH!
  12. Research a GOOD VA lawyer just in case you get overwhelmed with all the BS the VA is known to throw at you!
  13. Educate yourself on the entire claims process, A-Z.. Allan 2-2-0 HOOAH!
  14. As long as those DBQs are to your advantage, let 'em ride! One big mistake I've seen veterans make when it comes to DBQs, is not doing their "homework"; with that I mean not downloading at and looking at blank DBQs for their particular conditions, and getting to understand what it is doctors, medical health professionals.., are testing for. Example: Veteran has a C&P exam for lower back(lumbar)condition. So the examiner will use a DBQ for lower back(lumbar) to evaluate the veteran's condition. Normally this entails "flex of motion" which entails the veteran to bend
  15. I totally agree with Chad in most aspects of his concerns. Earlier this year I had an ENT Nurse Practitioner call me up with the results of a recent CT scan, and I didn't feel comfortable about it and asked her if the ENT doctor had also read the CT scan? She said the CT was "normal". She-NP got a little edgy about my question and told me she was "just as qualified" as a doctor at reading CT scans, X-rays, MRI's..., for which I responded "I never questioned your credentials..but I will get a second opinion.." She didn't like that either. The following day I downloaded the
  16. Rule-Of-Thumb when dealing with C&P exams: Never miss one, never argue with the examiner(s), let THEM work for YOU. As a footnote, if you feel their decision is wrong due to unqualified examiner(s), let an attorney, representative..handle it. Allan 2-2-0 HOOAH!
  17. Afternoon fellow vets, A question I get all the time from other vets, and a question I have is, does age play a factor when a veteran is IU P&T and over 62? In other words, do the work restrictions for earned income still come into play AFTER the IU veteran turns 62+? Example: Joe/Jane Veteran is 62, IU P&T, and wants to work stocking widgets on a shelf in Mr. Woo's Grab and Go department store. Does Joe/Jane need to worry that the VA will come after them for working, and threaten to zap their IU? Thanks, Allan 2-
  18. @Shrek, no he didn't file for tinnitus back in 1990. He did file numerous times for hearing loss AFTER 1990, but was denied a higher rating than the original 0% from 1990. The veteran was awarded TDIU P&T in 2016. Allan 2-2-0 HUAH!
  19. Got a veteran who is TDIU P&T who won 10% claim for tinnitus as a secondary condition to bilateral hearing loss, dated The original hearing loss connected to the above award was dated 11/20/1990 and read "Hearing loss right ear" rated as 0% In this newest award it reads "Tinnitus secondary to bilateral hearing loss(previously rated as hearing loss, right ear 0%) 10% dated 11/18/2019. 1. Did the VA moot the 11/20/1990 by mistake as the date the tinnitus should have been secondary to? 2. Can the veteran expect any retro, and how far back?
  20. I agree with Berta, A CUE is probably the last route to take given that this issue can be handled locally, and only entails a few months retro, and not years. The Regional office using a 21-526 should handle this issue in a timely manner. Appeals, CUEs...are too complicated for this issue. Allan 2-2-0 HUAH!
  21. @bronco, and the downside of a CUE is that you have ONE shot to get it right. CUEs also have to have the right wording in order to be accepted. Kuwait, CUEs can be complicated, and I suggest if you go with a CUE, contact Berta here on hadit.com, she's the "Queen" of CUEs. Her guidance helped me win my CUE some years ago. Allan 2-2-0 HUAH!
  22. Appealing in this case will probably take forever. If you're a member of American Legion, DAV.., present your case to them BEFORE you do anything else. Many times, veteran's help organizations have "inside" sources that can speed things up, especially cases where Retro is involved. Allan 2-2-0 HUAH!
  23. @Paul, Lots of Omega-3, green teas, fish, fish oils, daily multiple vitamins, and try to walk daily as much as possible. I'm sure you already know the diet and exercise routine by now. I've been doing all the above now for bout 3 years, have lost 32 pounds, blood pressure is excellent(eat oatmeal daily), and all my labs, including LDL/HDL are normal. I'm mid 60's, and cam e to realize you just gotta make some life changes when it comes to your health. Allan 2-2-0 HUAH!
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