GBArmy

Top G You could get help here https://www.va.gov/ogc/apps/accreditation/index.asp You should know that you don't have to get face-to-face to do your claim process. In fact, many are not conducted in person. There is emails, attachments, video conferencing, snail mail, fed ex, etc. The point is don't limit your choices on having to see someone across the table. I isn't necessary in most cases IMHO.

x020574 I'm sorry, but I don't understand why you are stuck at 10% on the hearing as you are already s-c. With being so close to 100% scheduler, an increase to 20%, or more would get you to 95%=100%. Get a lawyer to help if you have to. Again; you should consider being evaluated for MH condition as a possible route. Good luck man.

The SMC rating schedule table is here https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

USMCNEVERFORGET I would just resubmit everything, and move on. You're dealing with the bureaucratic nightmare we call the VA. Left hand doesn't know what the right hand is doing. Stupid? Yes; but why fight the impossible. Just reference the new request and provide copies of your previous submittals. Sur it's frustrating; but just do what you gotta do to move the pile. Best of luck.

Defiance You, my friend, are between a rock and a hard place. As you state, you have been working this for 9 years. An 1151 is a difficult thing to win. You have been turned down by one of the most prominate lawyers we know, Dr. Anise. CC&K want a third of the results, and Dr. Bash is expensive. You feel you have to get high powered help, but it will cost you dearly. Step back and look at the facts, man. The reason you need help is because it has been too hard to do yourself. But you don't want to pay for expertise to win. These lawyers and doctors have to be paid for what they have learned over many years of experience dealing with the VA. They have bills to pay too. If you don't want to pay to increase your chances, that's fine. There may be help here on Hadit to be successful, but that said, I don't believe any of us are lawyers. You can keep on fighting the fight and not getting what you deserve for many more years, or you can get some but not all of the pie by paying for the help you need. Some of these firms may be willing to work out a payment schedule that you can afford, but you may have to negotiate the terms. We could offer several other competent firms to consider, but frankly, if you go that route, IMHO you have to be willing to "pay the man."

Hi Joliek, welcome to Hadit.When you have a bilaterial factor situation, you are supposed to do those first, then calculate the rest from highest to lowest. There are many disability calculators on the internet, but I don't recall any that allow the computation with the bf. So you would do the radiculopathy, 10 +10=20+2=22. Then the 50%, etc. You probably will have to just get the table from the 38CFR and do it that way. My guess, and that is just that, you wouldn't get additional bilaterial for right ankle because they gave already on the left and right SIDE.

Peggy is the nick name we use to call the general info line at the VA. 800-827-1000. Not always the most reliable or up to date source of info but may provide some help. Maybe not.

Dude74 This is important. Your decision should be coming down soon. Wait for it. If you don't get what you think you should, redact your personal info and post it to this link. We can advise. You may need to get some of your own doc evaluation of your MH condition. If the it is s-c, then possibly not. Depends on how much you are low-balled. Lets us know.

Dude74 You have good news and bad news. I had a hard time reading your post, not your problem but mine. I don't know if you are s-c for any MH conditions, but they are saying you have some. If they don't give you a disability directly, there is evidence in your file to appeal, saying you meet criteria of DSM-5 for MH disabilities. They are also saying that your request to s-c for insomnia is not approved. Not knowing what you are or aren't already approved for clouds the situation. Insomnia can be a MH symptom. I would wait for your decision letter and see what the results are. I would think you have a chance for appeal for increase and/or new disabilities. But be mindful of pyramiding especial as it relates to MH symptoms.

Dude74 I would also add that if it was done in Oct. 19, you don't have to wait to get a heads up. Ask the VSO to get you a copy of the completed C&P exam. It will have what the examiner found and whether or not it was s-c or not. No, it would be a final decision, but if it is unfavorable, you can start working on your appeal. Of course you want a copy of the decision letter, but it is very likely that if the examiner recommended a certain finding, the rater will usually go along with it.

Deebub75 Congrats! Took 10 years but you didn't quit and why should you. Get all that you deserve man. It seems that EED's are almost automatic at being wrong, especially if it's a lot of $. I truly believe if a mistake is made on the date, the rater making the final review will look the other way. Thinks that the veteran will be so happy he or she finally won, that they will just drop it. And they are right; many will. That's wrong; way too many errors and they could improve the process if they wanted to. But, they don't. Hey, don't forget to share your good fortune a little with Hadit, if you can. We have to keep this thing going helping others.

Berta That terrific News: thanks for sharing! Of course this is going to divert some of the VBA's manpower away from claims in process currently so they can comply with the time line. Shouldn't have to wait 40-50 years to get your government to do the right thing.

ndy856 You are adding onto a 2016 posting. If you have a question, start a new original post. If you are P&T, you should not be going to a new exam. Start a new post.

Deebub75 That's pretty interesting that you worked at the VA and the original guy kept on denying you. I've heard similar stories before; it just isn't right. If it is remanded, going back to the same examiner is a conflict of interest on the VA's part, and sure as hell isn't ethical. That might be a good thing to call the whie house hot line on. That should not be allowed to happen. By the way, it doesn't sound like you were too lucky.

You, sir, are certainly entitled to your opinion. But if you don't think "luck" or whatever you can call it doesn't sometime play a part in dealing with the VA, what do you call it when the VA examiner is in a bad mood because you happen to get him the morning that, like you say, " the neighbor's kid kicked the dog." Maybe, luck to you is the same as "just the way it is." I think we are on the same page but not communicating here.

As for most of this stuff, veterans are looking for a blueprint on "How" or "what" to do. A lot of the time, there really isn't a black and white answer. All we can do is say what has happened to us in the past and the best likely choice the veteran can make based on what our experiences are. Sometimes it just can boil down to dumb luck. We just try to make people more "lucky" in those cases. The best advise is be honest, don't be an idiot when dealing with an examiner, only answer the questions and don't go getting diarrhea of the mouth (stick to the question), be as prepared as you can by knowing your story and know you don't lose until you quit trying.

I'm not 100% sure either but after the recovery period is done, 1 year, the VA will rate on any residuals as AllTheWay says. So yes, scars, pain,flexon, extension, etc. would be in the picture. It seems that if another complete replacement surgery is necessary, it would be a re-do on 100% comp again. Just makes sense. But if it isn't a total/complete TKR, probably just the residuals would be considered. Importantly, the veteran should be aware of new secondary problems showing up because of the new knee, such as how it may affect other parts of the body. Same and/or opposite side knee, ankle/foot, hip, back, etc. Your gate is changed and it definitely can lead to new issues.

El Train Copy that. Honey instead of vinegar. Based on my experience, subcontractor examiners seem to be not as ingrained in the VA "process." Had one today and long story short I offered a copy of a prior C&P exam, and the whole flavor of the exam shifted to my favor. I never had that happen with the limited number of VA in-house C&P's I've had. But in the end, it doesn't matter. I believe that contracting out to TCM, LHI and VES is what they are going to do because it is quicker and cheaper for the VA to do that. It's part of the big plan to down size cost at the VA as the number of veterans continue to decline.IMHO.

Renee I'm not clear; what do you mean the RO "opened 2 claims for RFE"? What is RFE and do you mean these are new claims never initiated by you or are disabilities that you have currently awarded? If "RFE" is anything close to what you have going on with the BVA disabilities, then the VA will have to look at any relationship with any existing disabilities. They have to eval symptoms that may already be accounted for (pyramiding"), worsening of conditions, etc. Need a little more info from you.

AllTheWay A little controversial, but I support veterans filing ITF because it can protect your EED. The effective date is either the date the veteran files the claim or, date of findings of fact. The latter would be where the VA determines you have a new diagnosis of a disability for example. I'm not sure where you get the "RO will go by the date of the decision." The award date or decision date is dated on the decision letter. In that letter they declare the effective date of the award, which normally is when a veteran filed their intent to file. Maybe you are thinking about when you get your monthly comp deposit. It will com e monthly the first of the month.Hope that clears it up.

Trebor All you have to do is click the respond area and post. Remember no politics, no religion. Be polite to others, even if you don't agree. You can voice your opposition without starting WW III. If you want to post new stuff go for it. You will be on a probationary period when you just start off, which only has a short delay in posting your comments for others by being reviewed by a Moderator. Your welcome here.

blah I know one thing. If you are not comfortable with a VSO, move on brother. Your intuition is important. You go the way HE wants to go, and it doesn't work out. Who do you blame? Get someone you can trust. If you have different opinions on how to go, that's ok as long as you end up comfortable in going the final direction. If you can't get there, why struggle. Get a new VSO. Or, do it yourself.

Sad story Buck. We need legislation change for SS. The look back period is arbitrary. If you apply and can be granted if your earning credits were 9 years out you can win, but 10 years and you don't qualify, how does that make sense? It should be based on work credits, not time. Doesn't make sense and they should fix the regulations. Period.

Albsalin73 The most likely answer is that the VA is a humungus large organization and someone dropped the ball. Did you by chance move and your address on record didn't get updated. Know that the VHA and VBA are not connected in many ways, so if you notify of a move to the health side, the benefits side don't get the info. Big thing is do you finally get the letter and what action can you take on it?

It happened to me, but I finally got a denial. So obviously, it depends on the facts in each individual case. But the reason for the re-do was definitely a CUE if they hadn't called it. So, in the end, it may be a good thing, or not.