Mr cue

The way I see it by your rating I don't see the 100/60 for smc s. Housebound by fact my belief should be granted when a veteran is unable to leave there home to make a income. That will be a fight. Believe me. Smc l for aid attendance is based on the need of help if other. Bath cook dressing You don't need to need help for all things. I would say educated your self on smc l a&a and do research. Before you apply. I think that the best ave. This all my opinion and is based off my understanding of smc.

Last I am not about to go down the road of the VA does everything right. An everybody is wrong even oig. If one rater look at a case and order exams and then another rater gets the case and say they need a different exam. Back in the national que you go Then it come to another rater who never look at the case again Who is to stop the process. A computer program? How many time can a claim appeal be return to the national que. Doesn't seem helpful to me Why not let the same rater who order exam finish the process they look over the claim appeal. It should stay in they workload until they complete it. Since they need more exams so bad. Its just more games and delay the veteran affairs has put in a veteran way.

First let me say whodat I am not trying to take over your post. I am also tired! So now we are to take the oig report are wrong. Here it is I think it cover about everything you said. Funny that they say it need to be more supervision. Sorry I couldn't just post the link. If some one can edit this it might be easier to read https://content.invisioncic.com/r264491/monthly_2022_11/2023-banner-medium-size-from-canva.png.1655c8e9ae3dbffda681abc2feb3cdf7.png HadIt.com Future: Zoom Meeting Dec 10, 2022 02:00 PM Mountain Time (US and Canada) - Join Us. It Turns Out HadIt.com Is Not Dead Yet! Get Your HadIt.com Merch. Check them out here 0 If you are having problems with the VA ordering unnecessary cavd× Rate this question Asked by Mr cue, October 5 Answer this question Moderation Actions Question https://content.invisioncic.com/r264491/monthly_2021_06/12_Mentor.svg Mr cue 224 Posted October 5 Title: VBA Could Improve the Accuracy and Completeness of Medical Opinion Requests for Veterans’ Disability Benefits Claims Report Number: 22-00404-207 Download Report Issue Date: 9/7/2022 City/State: VA Office: Veterans Benefits Administration (VBA) Report Author: Office of Audits and Evaluations Report Type: Review Release Type: Unrestricted Summary: For veterans seeking disability compensation benefits, the Veterans Benefits Administration (VBA) requires a disability exam to determine the severity of a disability or a medical opinion on whether a current condition can be connected to military service. VBA has committed an estimated total of $6.8 billion in contracts to complete disability examinations and medical opinions over a five-year period starting in 2016. Because medical opinion requests can be vital to ensuring veterans receive the benefits to which they are entitled, the VA Office of Inspector General (OIG) examined whether VBA staff correctly followed procedures when requesting medical opinions. The review team found that VBA can reduce inadequate medical opinions, incorrect or delayed claims decisions, and wasted resources by improving internal controls, personnel training, and monitoring of medical opinion requests. The team estimated that 27,900 of 41,100 requests (68 percent) did not follow required procedures during the review period (October 1, 2020–September 30, 2021). Claims processors did not consistently identify relevant medical evidence for the examiner’s review, did not always use clear and accurate language, did not regularly request all warranted medical opinions, and sometimes requested unnecessary medical opinions. These failings can lead to inaccurate medical opinions, incorrect decisions on veterans’ claims, delayed decisions for veterans, and inefficient use of resources (such as when the medical opinion requires rework). VBA concurred with OIG-identified deficiencies and recommendations to (1) implement electronic system enhancements to require claims processors to identify relevant evidence before a medical opinion request can be submitted, (2) enhance mandated training for all claims processors and demonstrate progress in achieving its intended impact, and (3) strengthen monitoring by refining quality review processes to help identify areas for improvement and show advancements in complying with required procedures

Woke up feeling down again I got to shake this. When I get this rule on the petition for relief. I am done fighting the VA over removing appeal from legacy to ama without me opt in I will just let them do whatever. An just take it back to the court and let a lawyer handle it again. Because I don't believe the court is going to address there order or enforce it. I refuse to keep sending statement to the VA and they don't address them or anything I think this is messing with my mental the most. So I will be just sit back waiting for there next move. Which will be the exam game again. I will refuse an they will not denied it or send it back to the bva for months again. I will be doing a new petition for relief to get it return to the board like last rime Then the board isn't going to address anything. An we will be back at the court around the end of the year. Ok done venting think I am about to look for a new apt think I need a new start to shake this off.

Like I said everytime a rater put in for exams or deffer the case it go back in the national que. With a hold until the action is take care of. The next rater gets it a does the same thing Back in the national que. Is this not a way for a rater to get a case off there workload. Is this not prolonging the appeal or claim process. I understand the process well. Please don't say there is supervision so this doesn't happen. Oig has made a report on it we don't need to go down that road.

Yes the VA claim and appeals add a lot of stress on veterans. Believe me I understand. This is my second fight with VA for my benefits. First fight 2001 granted tdiu one year fight. It was to easy. I understood something was wrong. I than fought 2003-2012 for eed tdiu from service 1993-2001. I won Yes it feels great after A hard fight to get your benefits. But I had to wait 6 years to get my mental health back together to fight for my smc benefits that were never address during the first fight. An man this has been a 3 year fight that is totally different VA is not the same. They will not follow the law and prolong appeals. You can now win at the cavc and they will not address the cavc remand orders or follow them. I have never had to wait 17 years don't think my mental could take that. Yes the process will make you give up. But I will tell all veterans don't give up. Because yes the feeling of the win is great it makes me feel like a lawyer. lol There are a lot of new ppl working at the VA and bva now. That seem to not understand how the VA work. You now have ssi and workman comp private contractor doctors doing veterans comp exams. The VA has different rules. An is to be veteran friendly system. Ssi and workman comp are no friendly system. did they train these doctors no. I believe this is causing all these crazy decisions an the unnecessary repeating of comp exams. Which all cause undo delay in the process. An stress on the veteran. The not been able to get real info on your appeal or claim also add to the stress on veterans. Veterans can't even see there comp exams results until months to maybe a year later. More stress add. I also believe that claim and appeals been process in a national que is also adding problems. Not helping veterans The rater can put in for a exam or anything and the claim or appeal go back in the que on hold 30 days. It off there workload. Then a new rater gets it from the que not the same one that order the exams An does the same thing Back in the que 30 day hold. Off there workload. New hamster wheel. Found this out on my last remand. All part of my record when I got it at the cavc. There are many things a veteran has to over come to get there benefits. It isn't just about show injury in service. An continue treatment after service for the injury and have a comp exam that connect the two. I think it's. More about hoping that you get a rater who understand the law and how evidence is to be weigh. An address your evidence to work your case so you can get a proper decision. There is even new bva judges that have never done VA claims or appeals. Make crazy bva decisions. So never give up and educate yourself so that you understand when the VA has committed errors in your case.. To win the fight. Good luck to all the veteran in the fight.

That funny I can't seem too get a rating or decision that address this. I have had over 6 comp exams that stated this is due to my neck condition. I receive in home care due to this pay by the VA hospital. But I can't get the VA to address the loss of use under smc or the radiculopathy. Even after they order the exams. I stated this because it will be a fight at least it has been one for me. Last why it a fight it bring many more benefits once they address loss of use. Automobile grant smc benefits housing grant.

Look up this in the bva case search. You can find out if this is a rated condition. Before you apply

radiculopathy, neuropathy well I see some case we're this rate on it's own An veterans are also rated for strain fusion etc. Also Like in my case I was rated cervical spondylosis. 60% First VA stated this rating code 5293 includes all Nerve damage to not rated my radiculopathy. Got it remand by the cavc back to bva. 2 years ago and they refuse to address it again Just got it remand by the court 2nd time. So if you have document's show it I would apply. Could raise your rating if they address it right. Look up Look up case on radiculopathy, neuropathy on the bva web site to see if veterans are also been rated for both.

Ok here is the rules on loss of use. And a statement from hill&poton law firm on loss of use. This is the statement they will use to try a denied. An not address any evidence. Hill &poton To make the VA definition easier to understand, let’s take a look at an example: picture a coin on the center of your kitchen table. Are you able to pick the coin right up with your fingers, or do you need to slide the coin to the edge of the table and push it until you can allow it to fall into your hand? If you’re unable to grasp the coin immediately, that is an indicator that your hands may not have a substantial remaining function. When considering whether you may qualify for Loss of Use of Hands, some other questions to ask yourself are: Do I have problems lifting pots and pans in the kitchen? Do I frequently drop my eating utensils? Is it difficult to wash myself in the shower due to lack of control of my hands? If someone places something in my hand, can I feel it? Am I able to type on a computer? Can I pick up a pen and write a grocery list? When I am driving, do I have full control over the steering wheel? Am I able to button my own shirt? Can I tie my shoes? Here are the cfr for loss of use smc benefits. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and • cannot be delegated to the examining physician. c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a • detailed objective description of remaining function • quantitative assessment of strength for each extremity involved, and • description of any pain that affects use. Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination. References: For more information on • considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and • requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6. d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n) Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.

I am starting to believe they hire to many new ppl who were not train. Some of these errors now are just to crazy. I believe they put the ordering of exams on the rater. Ever time they say you need a exam your case is put on hold 30days. An it go back in the que. Next agent get it and do the same thing. No one is addressing this. Just to much new stuff for me this will be my last fight. I can't take it.

This VA stuff is really getting to my mental. I have been feeling really down I have no spunk in me. There isn't anything else I can do to get them to address my case.. The cavc judge has not rule on my petition. Been with the judge since Nov 22. Call VA been told they wait on some one to sign so the decision can be send on the effective dates for smc yea right. Been told the other appeal isn't with a judge it say judge decision soon on e benefit But I guess that a lie. Been like that since Sept 19 so no one will tell me what going on with this appeal now. Guess they will tell me about a cavc remand one day. Case advanced and still I can't get anyone to tell me anything. I can't even tell you what issues they are working. Just we are working the cavc remand. Smh. The issues on e benefit make no since It just show all the increase rating I withdraw nothing else. I really got to get my mind off all this because I don't see anything been done until apt may. Because the next fight will be get the case return to the bva. The regional office is just going to hold it and play the comp exams game. I will refuse they will not even denied it so it go back to the judge just like last time. I will have to do a petition again to get I return and the board isn't going to address anything again. Back to the court A 3rd time to be remand again for the same thing. I really am losing faith in the cavc they are not going to even enforce there remand order. An tell me I can't get the error fix on appeal again. Basically I fought a cavc case to be told we are not doing what the court said. The VA lawyers lose the case. Smh An we are going to hold the case until the court tell us other wise. Again. Ok I am done venting for the day smh

I believe the VA send the dbq to the Private contractor. This tell them which exams to do. It sound like this is a VA problem I would call the white house hotline an file a complaint. Tell them what you claim and how many exam you have been to were they send the wrong dbq. This might get it fixed seem this is the only way to get the VA to respond to veterans these days.

I think you miss what I am saying I live by. My self need help with cook eat microwave food everyday has caused vitamin levels to drop two time in the last two years. Luck this time I didn't have to take daily shot to bring them up. I have problems put in shoes flip flops everyday. Getting dressed sweat pants every day can't button my shirts. All documents in record. I am about to look in to this pcac stuff. Because the hospital would only pay for 3 days a week. I had to stop because they were sending different ppl every time. My mental couldn't take it. I don't get medicaid because I got injury at 22 years old not work credit. So only health coverage is VA an they are totally drop the ball on me. Independent living you have your own apartment and the help is on site 24 hours. That what I was talk about.

Forgot to add I have been looking for independent living place. 4500 a month how is a 100% disability veteran to afford this. This is why they have smc r which I can't get anyone to address in my case. Smh. I mean they have independent living record social worker records notes from the company that provide services. They have aid and attendance comp exam. They have the list of services provided. For both my mental health and physical condition . They so worry about the retro now owe that I feel I will never be given me a proper decision I believe 3 years. I will say after this is over I will never do another claim. My mental can't take all this not following there own rules. Everything now is to put a veteran at a disadvantage cant get comp exams results comp exam done by work comp and ssi doctors. No direct contact with bva. All call handle by 1800. The cavc will not enforce there remand orders. So basically the VA don't have to follow a court decision. So you will Never get off the hamster wheel now. They aren't address favorable exams or evidence. Just keep make up reason not to accept them to order more. It has really gotten crazy. Ok I am done venting

Yea this crazy what going at the VA. I also had a dro hearing 2019 as part of my appeal send to exams after. Well I got a decision were they didn't address the exam or why I was send to the exam. I have been fighting 3 years two cavc remand and they still ain't address it. So yes dro are not doing there job like they are to. Everybody understand how I feel about them order the same exams over and over. So I am not going to get in to all that. Good luck

Well had to go to hospital yesterday vitamins level drop again. I am starting to feel the VA is trying to kill me. There is no way that I have been going through this for 3 years. To get in home care help. I have been a 100% disabled since 22 Year old. Never came to them for help because I always live with some one who help. The VA hospital pay for 3 days of service and told me they budget doesn't allow more days. Social worker wrote a report and everything. Do you think anyone address it. No I am sitting here still with no help they are hold my cavc remand about this. To try an not have to address my effective dates. I never opt in to the ama system it take 5 min to look at that I didn't opt in. And this has been a 3 year issue that they will not address. Well I am at the point I might have to do the nursing home thing. Because I need help around here and can't get it. I don't want to move with my daughter she a nurse. But I don't want to bother her. This is crazy. 2 cavc remand cas been with bva judges for two months both cases. An not one judge has issue there decisions. So it has been 3 months since. The court remand my case. And the bva will remand it again to add more delay. I am getting frustrated. Smh

Ok before I start my post this is not for veterans who have original claim from service. This is for veterans with remand from cavc and bva. Ok I have seen a lot of veterans upset over the VA ordering the same exam over and over. Prolonging the appeals. There has been two oig reports about this. An I tell veterans to complain to white house hotline. Told be one agent they have a lot of complaints about this. So I am from the belief if you don't complaint nothing will change. I believe uploading the oig report to bva and VA will let them no you understand how things should work. All this becomes part of your record you can use as evidence to the cavc court. If you have to go this far. If they try it again with my new cavc remand. I will be sending the oig report to my congressmans and making a complaint. An will personal write a letter to the veteran affairs committee about this. Which gave out the contract. Berta was good for things like this and I will follow her lead. They gave a billion dollars contract to these ppl and it's not helping. The contract was not to stop all comp exams at the VA hospital and order all veterans go to the contractors exams. Look it up. It was to contract exams for veterans who live to far from the VA hospital. So they didn't have to travel. Just like community care did they stop all services at VA hospital no. Look up the rules they are to order the exam at the hospital they are to look at the distance. They are doing nothing. I will be using this thread as info on how I fight the VA when they don't accept favorable evidence and comp exam shop my cavc remand for smc benefits. First I apply for smc benefits 2018. I have had 8 comp exams from 2018 to 2019. They denied without addressing any of the exams 2019. I Appeal to court court remand back to bva 2021. Bva judge said my loss of use condition..improve and they need to order more exams. Use a statement I made to my va doctor during a video appointment during covid. Ask by doctor how I was feel today. I feel Good today. They use this to try an start a new fight and not address my favorable evidence. I refuse there exams. First reason why. I have a 25 year record with over 20 comp exams that are part of my record. Not counting the 8 they order. I have over 4 bva judges decisions which are part of my record. I ask for a decision based on the record and refuse anymore exams. When the case was return from the cavc court to bva. The bva judge response if veteran refuse the comp exams order a medical record exam. Ok I go for this. Once they send my record to contractors it is all favorable. Regional office we can't do a ace exam we need a in person Exam. I refuse exam again. The VA Comp shop my cavc remand for 7 months wouldn't return my case back to the bva or denied it. So refusing a exam didn't get my appeal denied. I had to withdraw the appeal for loss of use under smc benefits. Why. Because they were hold all other smc benefits which the cavc remand why they try all this Ever time they send it out for a exam it put a 30 day hold on the appeal or remand. An I understood that once I appeal back to the cavc court they would. Call it a Force withdrawal and send it back to bva. Which happen. August 31 2022.

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5844 I will say I am happy about this I miss my timeline to sign up for the other VA life insurance. This one has no time limit to apply

Well another month without a decision. Case remand by court to bva Aug 31 Case send to bva judges oct 19. The VA is going to hold everything until the writ is rule on. Guess that a good thing. So now I have to wait for the cavc judge to address the writ. Which i am 90 percent sure will be rule moot an they will not address anything I said. An rule with the VA and not even address there own court orders or remand orders. I got it map all out the bva will remand and say my conditions have improve and they need more exams. Did this last time I will refuse there exams and they will denied again without addressing anything or my record for smc benefits Because they can't use a different exam as evidence. To deny An I will be back at the court around Aug Sept getting it remand again. They really got me on a hamster wheel. For smc benefits which are effective by the record and granted by the record. So basically they just have to address my record The VA is to maximize veterans claims or appeals. Well I have 3 different bva decision 2001 2009 2012 increase rating. An they never address smc benefits for any of them. Now when I apply 2018 they granted them but will only address the period from when I apply. My mental health appeal has been pending in appeal status since 2002. They granted 70% mental health and smc s 2018. I won 8 years tdiu retro 2012 because my appeal remaining pending in appeal status from 1993 service . I was granted tdiu 2001. Than extra schular tdiu from 1993-2001 Court remand Aug 31 uptop show the court address my mental health remaining in appeal status and said the effective dates s and mental health are intertwine. Because once they address the appeal been pending and was granted 2018. Smc s back to 2002. As I was writing this it don't make a difference what they do they will have to address this in my legacy appeal anyway. Now the other part 2018 I provided the VA with service records from 1993. They reopen the mental health granted the 70%. But will not address the effective date due to the newly found service records. Effective date mental health and smc s 1993. Court rule to address this. The smc l for need of help my ex wrote statements that she take care of me back in 2001 2004. All part of bva increase rating decisions and my record. but they never infer smc l for the upper extremity I was granted smc l 2018. But the VA refuse to address any time period or there own bva decisions. For my effective date of smc l To try and not address it they are trying to process it in ama system. Smc benefits are different from disability claims. Effective dates work different. But they will try to say they can't go back that far in ama system. More delay and appealing to court. Hamster wheel Last part smc o and r. Granted smc l for upper extremity 2018. Well I had a dro hearing 2019. Send to comp exam to see if my mental health should be granted smc l . Had the exam 1 month later. For the last 3 years they will not address the hearing or why I was send to the comp exam or the results. All favorable evidence. Because it give me the smc o and r My last decision you don't have evidence that your mental health effect your adl. Nothing else. Lol. Well the court remand it back to bva to address my favorable evidence. Waiting to see how they are going to try and order more exams and never address the hearing or why the exams were order after the hearing. This give me the smc o and r. 3 years and can't get them to address a hearing that part of your record or exam Crazy. An my case and appeals to bva and cavc have all been advance on the dockets. Because of my need of higher level in home care. Smh I was just venting and explaining my case and fight. It might help others

Sound like you have a lawyer on the case I wouldn't do anything. It sound like your case is with the bva judge. You will have a decision soon. You will prolong the decision by send anything else.

I agree it will piss them off and the exam might not go well. My thing is it will take 10 20 veterans to start a class action lawsuit. About not having or been able to get a copy of the comp exams before decisions are made. Put them at a disadvantage to dispute the exams. About the exams not been part of the veterans medical record but part of the claim file. Veterans not been able to see there own medical exam record unless they do a foia. Smh which take months. An last and not less about the VA ordering unnecessary private comp exam. Using the oig report as evidence. Only problem is finding a lawyer to handle it. Cavc will pay the lawyer fee.

Smp is the pension program with is income based. Not sure of the amount you can make. You will have to look that up to see if they meet the income requirements. Smc Is for aid & attendance which is what the form that the doctor fill out. If they meet income requirements I would check both. I believe u would be only checking smc box unless the VA 50% is the only income than I believe they would be able to apply for pension to

Ok this is nuts. Ok my appeal start as a legacy which cavc remand back to bva. The bva broke the legacy appeal into 3 different appeal stream. For a whole year I try to get the VA to merge them back together. I had to appeal all 3 bva back to the cavc and ask the court to merge them because they didn't do it. Even after I did a writ to the court. Well here is the court order merging the appeals back with the legacy appeal. 5/27/2022. ORDERED that the appellant's motions to consolidate are granted. All documents filed under Docket Nos. 21-7874 and 21-8150 will be transferred to, and the appeals consolidated under, Docket No. 22-1068, which remains expedited. It is further ORDERED that proceedings under Docket Nos. 21-7574 and 21-8150 are terminated. It is further ORDERED that, within five days after the date of this order, the Secretary serve a copy of the consolidated RBA on the appellant and file a notice with the Clerk certifying that the consolidated RBA has been served. It is further ORDERED that, after the RBA has been served, a Rule 33 conference will be scheduled and substitute briefing for the consolidated appeal will proceed in accordance with Rule 47(b). Next the court remand my case back to the bva again and order that my issues are intertwine and should be give one decision. Because the Court's remand for further adjudication of the psychiatric disorder effective date issue may change the factual predicate on which VA determined the proper effective date for the award of SMC at the housebound was based, it holds that the issues are inextricably intertwined and that remand of the SMC housebound rate effective date is likewise warranted. See Smith v. Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001) (explaining that, "in the interests of judicial economy and avoidance of piecemeal litigation," claims that are "intimately connected" should be adjudicated together); Henderson v. West, 12 Vet.App. 11, 20 (1998) ("[W]here a decision on one issue would have a significant impact upon another, and that impact in turn could render any review by this Court of the decision on the other [issue] meaningless and a waste of judicial resources, the two [issues] are inextricably intertwined." (quotations and alterations omitted) Ok the bva get the remand from the court only merge two of the appeals back together. But refuse to remove the effective dates from ama system back to legacy even after the court order. First I never opt in ama system ever I didn't check the box to be removed from legacy. All it take is to look at the nod and see this but no one will address it. Smh They even put the nod as a exhibit to the court. Which clearly show the opt in box not check. Lol So here is the bva response basically telling the court they ain't merging them back and I will get two different bva decisions. Lol I just be showing veterans this to understand the VA games and delay tactics. Further, Mr. averred that while Petitioner’s two legacy appeals have been merged into a single appeal stream, his third appeal, which was adjudicated under the modernized review system, was not merged with the legacy appeal. (App. A). He explained that “[t]he Board does not adjudicate legacy appeals and modernized appeals in the same Board decision as they involve two different legal systems with different appellate procedures, appeals periods, and evidentiary records,” and that there are “different tracking and Congressional reporting requirements” under the legacy and the modernized appeals systems. Id. (citing to 38 C.F.R. Pt. 19, and Pt. 20 for the differences between two appellate systems and to 38 U.S.C. § 7101(d) (tracking and Congressional reporting requirements. Ok so basically I am sitting here hoping the court address it own orders and enforce them. Which isn't going to happen. My cases have been sitting with two different bva for a month and half waiting for there decisions. Many might not understand why I am fight to get my effective dates appeals out of ama is because there are different rules. In ama system An the VA is aware of this that why they keep trying to adjudicated them in ama not legacy. Lot of retro at stake Sooner or later they will have to answer for this maybe after 3rd cavc remand. Smfh. Ever seen a smc effective dates take 3 years 2 cavc remand and they still try to play games with it.

Well what I found to be interesting is say a veteran has a bva remand to regional office. Say the regional granted 3 month retro. If you disagree they will make you do a new nod and will not return it back to the board. The regional will take the new nod and start a new appeal stream. You will now be at the end of the line with a new docket number and if you had a hardship on the claim. You will have to do a new one. I had a 2018 appeal date it is now a 2021 appeal and I had to reapply for hardship to get it return to the board. Or I would of waited years to get the appeal address again. Keep a eye on your docket numbers this is how veterans are get the wrong effective date. After years of appeal.