Lemuel

I applied for SMC for my wife just before she passed away. Should get it back to one year before her death. If we would have had it earlier or if CHAMPVA would have provided the in home visits like Medicare, she would probably be still alive today. Definitely apply for everything she is eligible for. You did not say yet if this is a PACACT claim? Much easier and faster if it is. At least my PACACT claim for bladder cancer went very fast.

My understanding is that VA compensation is offset against Military retirement for tax purposes and that you do not receive both. I could be wrong. Personally, I received SSDI from 1996 until I reached 65 in 2016, My SSDI payment amount stayed the same, and the nomenclature became SSA. I received a P&T EED in 2020 back to September of 1985 for TDIU from the Director, Compensation Services based upon my TBI and not having held a full-time job since that time. I am pretty sure your SSDI or SSA will not affect your retirement and that you will receive both. Military service is counted in your SSDI and SSA calculated amount. At least when mine was granted and I received the calculated amount for Social Security, my 13 years of military service was listed in the calculation.

Important information from your link: If you think you’re eligible for VA DIC under the PACT Act, you can submit a new application. If we denied your claim in the past and we think you may be eligible now, we’ll try to contact you. We may be able to reevaluate your claim. But you don’t need to wait for us to contact you before you reapply. Learn more about what the PACT Act means for you as a survivor I am presuming this is a PACACT related claim. My sister can apply for this.

What if there is a difference of opinion on the surgery? Would you trust the surgeon being paid big bucks for it or the one who is paid a salary? In 1965 I was working part time in the ICU unit in a Catholic Hospital. I was on break in the Canteen. Two physicians walked in and one was telling the other that he had seen a great boat at the marina that he just had to have, but did not have enough for the down payment. "Would you believe it," he said, "three hysterectomies walked into my office on Monday." Would you want your wife seeing a fee based gynecologist? Actually, I do not believe you have a choice. There is no other kind unless you go to England or another country with socialized medicine. Solution--bonuses for medical contracts based upon morbidity reports for longer life with higher quality of life, not cost cutting like the VA.

Used to be that way for me. But my team changed and now they only let the "team PC " rewrite the prescriptions even when she is not there. And she is not there a lot. I am not going to try changing teams again. I think Cheyenne VA is back to worrying more about bonuses than care for vets. 2012 crisis all over again.

When it comes to your health, it is better to have no Medicare advantage plan than have a bad one. Some make their profit by denying services. If you need specialty care, and are having trouble getting it, with CHAMPVA, or any other Medicare Advantage Plan, get a consult in hand to the specialist recommended and only show your Medicare card to get seen. Lots of excuses to not see you otherwise because the specialist wants to be paid. Better to pay the copay and be taken care of than be refused and dead.

Will check it out if I can ever get back online at va.gov

Laska v. McDonough has been Remanded. If anyone knows how to keep checking what the BVA does with it or what VARO does with it please check and let us know. I am attaching a copy of240906 Laska v McDonough CAVC 22-1018.pdf240906 Laska v McDonough CAVC 22-1018.pdfthe Laska V. Mcdonough CAVC, 22-1018 of 09/06/24 to this post.

I just checked rule 30b. It appears that the CCK citation was timely but there has not been a timely response. Meaning the CCK brief will stand unchallenged by VAGC.

I am checking that one almost every day because it is so important to so many.

Pannel stays at the CAVC may be the end. The appellant sent a brief that has not been responded to by the appellee in Laska v McDonough 22-1018. Wonder if the Judgment will go in favor of Laska if the appellee has failed to respond timely. There was a stayed case from 2008 that was given a Rule 36 Judgment. It appears to have gone against the appellant.

The synopsis was written before the hearing. The case is stayed while briefs after the Chevron case. Before the SCOTUS decision on the Chevron case there was not much chance. The door is open now. See the attached CCK brief following Chevron. And I will be able to quote the remarks in the hearing by the VA GC stating that you needed "qualified nursing supervision your medication," to qualify for the higher level of care. I am not nearly as bad off as Haskell was, but I have a nurse, because only a nurse can be qualified to fill my seizure medication dispenser. The door is open to me for SMC-t. The BVA will probably give me SMC-S and make me appeal because the Laska V McDonough case is still in limbo. Certainly, no matter which way the CAVC goes, the case is going to the CAFC. In my BVA hearing, I will try to point out how arbitrary the VAGC's argument was. I would rather end up with SMC-S and see the guys who need SMC-t, like Haskel, get it. Too bad CCK would not do all my issues with TBI. Would have liked them to be taking my case to the CAVC if necessary. 240909 Laska v McDonought CCk supp brief.pdf

I will probably be dead before I get the BVA Decision and never get to even the CAVC with the Constitutional Claim. If you do get to the CAVC with a "Constitutional Claim", look how long it is taking on Haskel v McDonough, now Laska v McDonough has taken since the 3 Judge panel hearing. Still in Stayed Cases.

A 5th amendment finding of facts appeal related to my 33 year claim process for TDIU is in my motion for finding of facts. The VA's excuse for not paying interest on underpayments or delayed payments is the VA does not charge interest on overpayments. They just cut off your payments and throw you to the dogs if they overpay you. Automatic loan at the Fed Rate should cover overpayments. And current dollar rate for underpayments would speed things up. Bonuses for outcomes instead of cost cutting would keep me from moving to the Philippines. And, yes the "Delay, Deny, Wait Until They Die" with a foot note "Delay care to push the die." Billboards near every VARO and VAMC would help to get the focus straight. After I get to the Philippines, I will pay a year for the first one near the Cheyenne VARO/VAMC. They are together in the same building.

Part of what is happening is seen in my timeline. Notice that it took from an appeal in 2010 to 2017 to get a BVA decision when I was under 75 beginning the appeal process. And I was pushed up in 2017 by request because of reaching 75 in 2015. Now I get pushed to the front of the line for 2 reasons. Age and a remand from the CAVC. That pushes others back. And my time, from the CAVC remand is still more than a year to the hearing. Making a total from the 01/31/2021 appeal now over 3 years expedited for age. Notice the delay technique that was used because I briefed my case with references to the file for facts and stated as fact what was said in the file. The BVA clerk would have had to do some work for the Judge, weighing the facts stated in the rating decisions against the facts in the medical records. 10,000 record pages, disorganized with copious duplications. Pages orphaned from their dates. Yes, a lot of work. I wonder if the clerk that shirked the work is going to have to do it, or if I get a new judge and new clerk for the review of my brief and motions. At least now I am ready to appeal on facts if they are not overruling the RO rating decision. But that will take extra time and will push someone else back from getting their decision done earlier. All because of the VA's use of the time value of money delaying cases, not doing them right the first time, you get the same dollars eventually, but not the same buying power. $200,000+ difference in current dollar amounts than what I would have received in buying power if I had been granted TDIU on my 1987 claim in 1987 EED 1985.