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burnedoutvet
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Posts posted by burnedoutvet
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can I take a break from checking my claim til tuesday?
I'm a bit OCD. monday is a federal holiday. safe to assume va benefits office got a 3 day weekend and I need to enjoy life?
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is it absurd to request A &A for migraines rated at 50%?
I can't find anything anywhere where a claim has been requested for A & A due to migraines.
The 50% for migraines “very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.”
but migraines maxes out at a 50% rating and isn't a 100% rating as required for A&A on a single rated condition?
thoughts requested, not trying to go on a fools earned, input appreciated.
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I don't even read C&Ps anymore or care for anything except my decision letters.
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They have to have been reading mines because I've said some very specific things related to my claim and they added the contentions. So I'm implying that it's not completely "useless". neither have I had my claims slowed down due to submitting them, and I submit a lot. lol
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I always use statement in support of my claim to be specific about what I'm claiming. I've never had a problem with them.
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on ebenefits/vets.gov it's requesting a VA Form 21-4142a. What does this mean? should I have received something in the mail? I've had a C&P with VES at the beginning of the month. I have sent the VA all evidence I had prior to this and this is my most recent claim in 5 years. Do I need to fill out a VA Form 21-4142a and leave the provider information blank??
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23 minutes ago, andrewdc said:
ok..will see what the examiner says...my evidence of ED is my va prescriptions for Sildenafil citrate..
I want to piggy back. I'm on several psych meds and heart meds from the VA and I also have this same issue...What exactly would a C&P do? would I have to show my johnson to a doctor? the burden of proof here is a little anxiety causing.
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I've got the same question...all my C&Ps are done....just waiting for VES to send the report and the decision... I'm 100 P&T, and still declared Unemployable but not receiving IU anymore. my percentages are 100% single & 60% combined. every half step should increase the smc level and if it's extra 100% move up a full step. I'm hoping for SMC L 1/2 but I'm expecting just SMC S
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I honestly wouldn't even worry about anything until after the decision...you can always file a new claim...I've had times where I've had C&Ps and I didn't even have to attend because they just reviewed my evidence...I've had times where they've done C &Ps for the same issue and one examiner recorded something different from the other.
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I'm aware that it cost money to keeps sites like this running. Since I've been out of the service this site has been a life saver. I feel I owe the owner(s) of this site a debt!
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42 minutes ago, Berta said:
You raised SMC in a different topic today or yesterday.
This BVA case might help you:
"An award of SMC at the housebound rate may be awarded if the Veteran has a service-connected disability rated as total, and has additional service-connected disability or disabilities independently ratable at 60 percent or more. 38 U.S.C.A. § 1114(s)(1). As noted above, the Court in Bradley held that section 1114(s) does not limit "a service-connected disability rated as total" to only a schedular rating of 100 percent, and the Secretary's current regulation permits a TDIU rating based on a single disability to satisfy the statutory requirement of a total rating." See Bradley, 22 Vet. App. at 293. Subsequently, in Buie, the Court clarified that a total disability rating based on individual unemployability that is based on multiple underlying disabilities cannot satisfy the section 1114(s) requirement of "a service-connected disability" because that requirement must be met by a single disability. See Buie, 24 Vet. App. at 250. As discussed above, the Board has awarded the Veteran TDIU as due to a single service-connected disability-fibromyalgia-effective from February 4, 2010. The Veteran currently has additional service-connected disabilities rated 70 percent, 60 percent and 50 percent disabling, respectively, and such ratings have been made effective since prior to February 4, 2010. Thus, SMC at the housebound rate under 38 U.S.C.A. § 1114; 38 C.F.R. § 3.350(i) is also warranted from February 4, 2010. "
"ORDER That portion of the February 9, 2016 Board decision awarding TDIU due to service-connected adjustment disorder and depressed mood and fibromyalgia and SMC at the housebound (s-1) rate effective February 4, 2010 is vacated. Entitlement to TDIU due solely to service-connected fibromyalgia effective February 4, 2010 is granted. Entitlement to the SMC at the housebound (s-1) rate for the period from February 4, 2010 to the present day is granted, subject to the rules and regulations governing the award of monetary benefits."
https://www.va.gov/vetapp16/files2/1612688.txt
This decision rests on Bradley V Peake.
I'm not ignoring you and I am thankful for your attention to my post. I just don't feel comfortable posting my decision letter..I do have paranoia issues, but you are helping me! I'm not trying to come off rude, my manners have gone out the window.
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21 minutes ago, vetquest said:
No, it sounds like someone did you a big favor when you emailed Alison Hickney. Who is this exactly?
You say you were approved for 70% IU P&T and then later you say you are 100% PTSD. Was this something that changed?
As far as not trusting the VA you are not alone. They almost killed me with medication once. Are you actually bipolar or is this something that can be fixed by taking the right medications? Anti-psychotics are not fun drugs to take. If your VA psych prescribes medication that interacts with your migraine medicine have you informed them of this?
It sounds like your fight for SMC is going to start like the rest of us have fought for our benefits, hurry up and wait, maybe years.
You are not alone. There are some good people here and many veterans that have had the same feeling of loneliness. Hang in there are people here will help you out.
What is are your current ratings?
she use to work at the VA was a top person..I think she left in 2015...but she made my local VA benefits office contact me and keep me in the loop.
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4 hours ago, Berta said:
Burnedoutvet ----Do you want them to reconsider a denial of SMC?
SMC is pretty cut and dried for the S award.If the evidence they have warrants SMC S and they ignore it, and never consider the claimant for SMC S, this is a CUE.
Broncovet is 100% right. BVA decisions contain Precedential cases that support their reasons and bases.
The USCAVC web site has all of those cases.
you have providing great information. yes I do believe I have a CUE and I did file for it based on SMC. I haven't really asked questions about it because there is soo much info hear. very helpful.
My denial letter said they sent me forms 2 years go to get SMC and the fact I ignored it is grounds for denial...plus me not being incompetent, I actually am incompetent and need someone to handle my finances but I don't trust my family and I've lost all my friends.
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So in service I had an event that I mentally blocked out but was recorded, was seeing the base mental health and was under the care of a military psych and a therapist. my work performance deteriorated, I couldn't meet my PT times even though I was healthy and fit.
but during the end of my service and my honorable discharge for "failure to meet standards" I was in mental health, I reported sexual harassment and assault, was put on 2 different antidepressants and prescribed benzos for anxiety. So I get discharged and I get nothing, I had to leave all my stuff at the base. So I file for social security and they find that I was disabled and unable to work the same month I got discharged? SO bam SSDI....I applied at the va and they rated me 70% for mental later that year....then I went to VocRehab people told me due to my SSDI and my condition(s) It wouldn't be possible to go about finding a job or even start school...so I apply for TDIU and it gets denied....then I email alison hickney for help and I get approved for 70% IU P&T for mental and backdated to discharge date.
like, is this normal?
also I didn't become "bipolar" until I was put on antidepressants, then to combat the bipolar VA put on anti-psychotics...but the original problem was anxiety....which I'm sure it is PTSD related to MST. Like these diagnosis and pills have been destroying my mind. My VA psych prescribes meds that interact with my migraine medications...like I just don't trust the VA
I see my fight for SMC as I have all the evidence, but the white house hotline doesn't care, Alison Hickney is gone. I feel so alone. Like the stress..
I'm 100% for mental. I'm pending for migraines from 30% to 50% and I have a handful of 10% rated stuff.
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Can I include BVA cases with my request for reconsideration that are similar to my claim to justify entitlement to let's say...SMC...?
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13 hours ago, asknod said:
There are four flavors of A&A. One is the first tier or SMC(l). Next comes r(1), then r(2). Last but not least is SMC r (t). It is staged into several tiers with the highest equaling the payment of r(2). Because the Veteran is from whom the entitlement flows, all funds are paid to him for disbursement unless he has a fiduciary. With a divorce, his ex-spouse loses her spousal entitlement. With no caregiver living in the home, Mr. 88 loses the smc r(t) and drops back to SMC (s). If the caregiver were someone other than the spouse, the $ would be paid to him/her directly.
Buck is correct. If a new caregiver was found who could live there 24/7 and be trained by VA to provide the function, he would be entitled to the smc r(t) again. It would not require a relative but that would be optimal here probably. Again, VAF 21-2680 is rather pointed in what constitutes the requirements to attain A&A and especially any A&A at the higher tiers. CAVC precedence says you have to have "most but not all" of these problems listed in order to get the $. But if you only have one risk, it almost always has to be bedridden or blind. VA is pretty sticky when handing out these big ticket SMCs. I'd say there are less than 5,000 r (1) & (2) ratings out there. One thing no one discusses is r(t) is considered "transitional" as in 'you're going to get better some day and won't need it.' I've never done a r(t) yet, just a couple of r(2)s and and 3 r(1)s. I aced them all.
With the PTSD rated for over 5 years, it's "substantially protected" but that's no guarantee. One thing I've found is the more screwed up you are, the less chance of getting dunned by a c&p and reduced. I did see a Vet get whacked at 19 years and 4 months. He fought to the BVA and got it overturned. These guys are vicious. Remember that.
Sir, I love your attitude and it has empowered me to read all the laws and regs, I've studied all your post and your site, it has been a huge help! I had this feeling of being alone in my fight, but you have shed light on that darkness. I thank you for your service and contribution to vets!!! I'm also in a fight for A&A. I'm doing it myself as with all my claims, and you give me surety. The VA denied me A&A and also said they considered me for A&A but I didn't return a form from over almost 2 year ago. The VA is vicious. lol
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I apologize but I wish to retract this post, I don't have the energy or kindness to get help right now,.I'm on a very self destructive path.
extended weekend?
in VA Disability Claims Research
Posted · Edited by burnedoutvet
thanks