GBArmy

Congrats; it's a long hall but at least for you hopefully, S-C is completed. As Vetquest said, go over your evidence and make sure its all you need or if you plan on adding more now, or waiting if it good enough to use new ammo if you have to later appeal..

Geeky gave the best explanation of TDIU, SMC's, and the options you probably will ever see.. Save it and use it to explore further on what you can or will do. And as Shrek said you really have to look into the future. You are a young veteran but someday, some new secondary conditions are more than likely going to show up. Put in the disability claims as they come up. If you earned compensation for a disability go and get it; you already have paid for it.

Paul, Nice S2 on finding who to!

It seems they might be doing this to mess up your ratings like you and Geeky said. two years for a re-eval on a condition that was "static" sure doesn't smell right. Maybe it isn't out of place to talk to the DRO . I don't have a lot of faith in "talking" to them, but if they give you another C&P and reduce your overall ratings to keep you from SMC's, knowing you are going to talk to the WH may make them re-think. I don't know.

I believe that if you were rated at 10% then bumped up to 20%, the VA can't reduce your rating any lower than the original 10%. if you lose.

By the way, how long have you been rated for your nerves at 20% and was that the original rating or did it start out lower?

Yup, they deny anyway they can. But how about this. A guy is s-c for type II diabetes. He regularly or lets say he never takes his meds. He then gets kidney failure and files a claim. Can they deny for the new disability because his med records showed he contributed to his new disability?

Paul This is just a guess, but I would certainly say there would be some (negative) reaction if the chip/records showed you didn't use it regularly. Can the VA take away or reduce your disability rating if you don't take meds that they prescribed? Good question.

Geeky, I truly apologize. Would you buy "Senior moment'?

I never went to a class on how to use it but then, I am not s-c for OSA either. Once I started using it I had to bring my CPAP for them to check usage. Squeeky is correct; they check the memory chip or they dial you in to be automatically checked by submitting your daily data. In fact, you can get an ap to do that if you wish. Check the VA medical aps they have. They check your usage because 50% of the people that are prescribed the CPAP don't use it. I may be a little slow but in my opinion I believe breathing even with a CPAP is a whole lot better for you than not breathing at all. But then that's just me.

Bronc "Virtually the whole state of California has high ozone levels. If Californians were falling over dead from ozone, I'm sure we would hear about it."... Well...maybe not. Not if the VA had anything to do with it. It would be delay, deny let them die...

Good to know about the so clean system. I was considering getting one, but not any longer. On cleaning the cpap, this is what I was told to clean it. Have a container of hot soapy water. Fill the hose with that mix, a little at at a time, alternating with straight white vinegar. When filled, the hose is basically half vinegar and half soapy hot water; swish it back and forth a few times, then empty. Next, fill the hose just with the hot soapy water, swish it back and forth, then empty. The third thing is just to fill the hose with plain water, and rinse out. The vinegar is the key to killing the bacteria, but you need to get rid of the residue or you have a left over smell. Air dry. You clean the water reservoir same way. The mask is harder because they will deteriorate if the plastic gets wet. I use handi wipes as best I can on it. My major problem is you can get new masks basically 3 for 6 months, but mine only last about 4-5 weeks before taring, so you either have to repair using duck tape, or buy replacement masks which aren't cheap.

And just in case you are wondering, to get to 90% , if you assume your other disabilities remain the same (80,30, 10), you would need a NEW disability rated at 30% just to get 86.77%, or rounded up to the 90%. Gets harder and harder to move the needle after you get a combined of 50%.

Riplip, I got good news and bad news. Good: going to 70% from 20 is fantastic. Very hard to get the VA to grant hearing increases like that now days. Bad: VA's math s correct I get 70 +30+10+ 81.1 Rounds down to 80%. It really is "VA Math", but you did pretty good. It really gets hard to move the needle for you now on disabilities.

Since you are not a Vietnam veteran and the case you reference referenced A.O. and petroleum products, it is almost a slam dunk that the VA will emphasize the A.O. connection. What does your service records say about exposure to the fuel, etc.? Do you have s-c in your files about illness because of the exposure? What was your MOS; does it lend that you were routinely exposed to the fuel, etc. ?Just referencing that case isn't going to get you far. Yes,the VA May use family history as to why you have bc. So if you don't show anything in your files, you are in trouble. You need a very strong IMO from a cancer doc that says your bc is connected to fuel exposure, and the doc has to show medical studies that will back up his opinion. Keep searching.Your case isn't strong enough yet.

There are occasions when when someone posts a complicated problem and as you read it you determine that it is way too difficult and has too many elements for the person to handle it by themselves. If legal assistance is what you believe is the truly best advise for that veteran, it seems that it is against the culture of this forum to give that advise. Handling the claim might be the best advise for most people, but not for that person. So, in the future, if I come across a posting like that, I too will let someone else advise.

Hi Emma. You have a lot of things going on and I suggest that you have so many things still on the table that you see a competent lawyer for appeal. You have to evaluate what specifically you have to claim and see if they match up with the appropriate diagnostic codes and how serious the conditions are. Because you have MH disabilities, I think it makes sense to get several of these outstanding disabilities approved in case your rating is decreased later on. There are several law firms listed on this blog but you should talk to a few and see who you may be most comfortable with. One of the things they will evaluate would be the early effective date for some yof your potential disabilities. You may be a candidate for 100% TDIU as well.

From what you said, it sounds like the balance of your claim would be on remand. But, then again, until you get your confirmation BBE you will have to wait and see. Ebenefits isn't always dependable; could change after posting. You should get the confirming in a week or so usually. Sit tight and wait for it.

Whoa!!!

It would help if some asshat didn't propose reducing VA benefits every year because 'entitlements'.... Now boys, if they did do that it would take some of the fun out of complaining...

As you can see from other responses, a rater has the authority to make a decision based on the info and evidence presented. It doesn't mean that the decision has to be logical. As John suggests, it seems that half the time they deny the claim knowing the veteran won't appeal the decision. If you have the three elements for a claim, and as reported by you, you do, you just have to wait for the decision. Don't worry about it; it's natural to do so but it isn't going to change anything. Wait for the decision to be made. Hopefully, you get what you deserve. If not, you appeal. Best to you.

You could get a copy if you file a Freedom of Info Form, but the decision will be done long before you get the report. There must be some SOP not to disclose when they have an addendum to a dbq: it happened to me as well. Your best course of action is just to wait it out another week and see. You can always file after the decision anyway. They wouldn't tell me anything when I called Peggy either.

As Vetquest and Paul said we have to take care that not only we don't put ourselves in danger, but we must be responsible about others we might harm as well. I hope you have some transportation that helps you. Take care.

What was the reason for denial? What was the reasoning? What diagnostic code is applicable?

But even if you were allowed to continue driving, should you? If you are loosing consciousness don't drive!