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andrewdc

Second Class Petty Officers
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andrewdc last won the day on September 1 2021

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About andrewdc

  • Birthday 10/14/1960

Profile Information

  • Military Rank
    E5

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Usn

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andrewdc's Achievements

  1. My application for the caregiver program was denied. I am appealing to the BVA on the basis that since I am rated r-1 (100% major neuro cognitive disorder) and require daily assistance for my mental disorders, that my appeal should be granted. Anyone in a similar circumstance that has appealed caregiver denial to BVA?
  2. I was denied for the caregiver program. I am rated r1. Should I appeal to the bva?
  3. I received aid and attendance smc l for copd and then received another smc l for major neuro cognitive disorder. I was then advanced to 0 and then r1 on account of 2 smc l.
  4. I have 2 separate and distinct 100% ratings (copd/asthma) and major neuro cognitive disorder. I received smc l for each and now rated r1.
  5. I assume oct 1 is still the application (caregiver program) date for post Vietnam vets and before 9/11. Anyone heard anything to contrary?
  6. I met Alex a few years ago on this forum. At that time, I was SMC S but believed I should be rated SMC L. I tried for a couple of years to obtain SMC L, but the VA always found ways to deny my claim. After joining up with Alex, and after a few battles with VA, he was able to get the board of Veteran appeals to advance me to SMC L. As my conditions worsened, VA again denied my new claims for increased SMC. He filed appeals to the BVA and later was awarded SMC L1/2. Later, a new claim was filed for smc M which VA found new ways to deny. So Alex filed another appeal to BVA and successfully obtained SMC M. Alex still belied the VA was not providing me with the appropriate SMC level and Alex filed a new claim for R1. Again, and on multiple times, VA denied my claims for R1 and even closed a few without even a decision. Late last year, Alex filed another appeal on my behalf for an earlier effective date for SMC L, increase to SMC O and increase to SMC r1. Before I divulge the results of the appeal, I have to commend Alex on his knowledge of SMC. Very few in VA know how SMC works which was certainly apparent in their continued denials. If you have issues with your SMC claims, your first thought should be Alex. On to the appeal, the judge agreed with Alex, and I was awarded an earlier effective date along with SMC O and SMC r1. My back pay will be over 6 figures. Take it from me, the only reason I obtained R1, is because of Alex’s extensive knowledge of SMC and his ability to craft thoughtful appeal letters that cite the appropriate case law. Again, thank Alex for your support.
  7. I found Alex on this site almost 4 years ago. I had posted multiple questions as to why VA denied my aid and attendance claim SMC L. Alex contacted me and agreed to help. He filed a new claim for smc l and of course va denied it. He then filed appeal to bva which was subsequently granted and I was awarded smc L. However I have 2 separate and distinct 100% ratings so I should have been awarded smc M. So, Alex submitted appeal to bva which after a year they closed appeal because they thought we were appealing original bva decision. We were not appealing decision just the m versus l. So Alex filed a new claim for m and va denied. Alex filed supplemental claim and va closed the claim without even adjudicating. He filed Again and same result. He made another attempt and that was denied too. Finally Alex contacted the secretary bva, the regional office coaches and raters claiming they had no idea how to adjudicate smc claims. Obviously he ruffled a few feathers and the truth needed to be said. Finally after more than 36 months of fighting, the VA admitted making 2 mistakes. They admitted the effective date for my original l should have been 6 months earlier and they admitted m should have been awarded when aid and attendance was granted. Bottom line- Alex knows more than va when it comes to SMC. Alex is a kind person who always listed to our concerns and always keep us in the loop. If you need thoughtful assistance with your smc and or claims in general, no one knows better than our friend Alex. Andrew & Linda
  8. andrewdc

    Alex

    My name is Linda. Alex agreed to help us with my husband aid and attendance claim. After zero help from va and other veteran organizations, my husband found Alex on this forum. Although we have been difficult at times, Alex has been on our side and shows this wisdom in all communications. We trust him and know our appeal will be eventually grAnted. We also believe Alex will endure my husband receives every benefit he deserves. Happy new year to all and when you are at wits end with va, you have a sincere and strong advocate with Alex.
  9. I have a similar situation. I am currently smc s K. I have 2 100% ratings...copd and Major nuerocodnitive disorder along with several other rated disabilities. The va declared me incompetent in Oct. I then filed for aid and attendance along with a few other claims. My claims have been in prep for decision now for 40 days. Today we have a field visit from va examiner to discuss my wife being appointed my fidcuiary. I have heard from others she will also provide info on my current claims and other have said they have no knowledge of my claims in process.. so will find out later today
  10. I am rated 100% for copd (2008) and 100% mental disorder 2018. My wife provides my daily care. How is it determined if I qualify for program?
  11. appears I have been assigned to VA ficuairy hub and I assume someone will now come visit me and wife. I also have an A&A claim pending review. does the home visit have any bearing on a&a claim?
  12. The VA has already proposed incompetence. Our issue is how can they say I'm unable to handle my finances but well enough to not be a danger to myself on a daily basis. Seems illogical especially based on the psych report...however, I have meeting with my va neurologist today to see if he will complete form but I find asking va doctors to complete forms for monetary benefits is usually not helpful.
  13. I guess I should have started with I am already SMC S +K (100 % major neurocognitive disorder, 100% copd, 30% allergic rhinitis, 30% sinusitis, 20% diabetes ll, and 4 separate 10% for sciatica. what I'm asking if someone with knowledge of aid and attendance smc l would review my submission and tell us if its enough to get approved. Thanks
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