GBArmy

If you are TDIU, yes.

Richard1954 Thataboy! Not that I wish disabilities on anybody, but if you have the injury or medical problem, get what you deserve. For those who aren't aware, we can get up to 3 SMC(k) awards at the same time. see https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/#:~:text=You may receive 1 to,to basic and SMC rates.&text=This is a protected rate,your basic disability compensation rate.

You need an independent medical opinion. I'm not a doc or have a medical background, and since you aren't either, there is no way you are going to get an approval without a medical eval in your favor. Acute vs. chronic is a basic criteria throughout the VA's eval process. Acute means it is severe but intermittent and goes away in less than 6 months. Chronic lasts more than 6 months and stays even with meds, treatments, etc. I would expect they are considering the intermittent occurrences acute and are not meeting their criteria. You need a IMO that argues it is by its repetitive hits to be chronic.

Congrats! Sometimes the good guy wins! By the way, remember that a veteran can get more that one smc (k) award. (Hopefully you won't need it.)

Hi Angelo Welcome to Hadit. So I assume you have some disabilities that you believe that are directly related to Agent Orange. What are they? Better yet, you need a diagnosis from a doctor of the disability in question. Since you aren't a "Vietnam veteran" in the normal sense of the term, you can't get any presumptive connections for AO. You have a definite uphill climb, but not impossible. If you have kept in toutch with some of the guys in your old unit AND they happen to remember the incident and can attest to it, that would be good. You would need them to talk about it on a va form 21-10210 preferrably or va form 21-4138. You have to also talk about the incident on the 21-4138 as well, and include how the disabilities affects you in daily life. That still isn't enough. IF you know of a specific instance where someone in your old unit contracted the same disease as you have, then you may have a link to proving your case. You would then need a IMO nexus statement from a doctor that says what you have (disease) causes AO and he would have to back that up with med studies/journals, other med research that support that position. He or she must say your disease is at least as likely as not been caused by AO and the connection of material handling. If your disease or disability is on the list of presumptives listed by the VA, it would be easier to prove. I would suggest if you can collaborate the events with some getting the same as you, it might have a chance.

Signcavah You may be set up for a deny. Submit an inquiry to the R.I. veterans dept in writing. (https://vets.ri.gov/contact) Always make a copy of any correspondence to/from VA. Ask for contact for the county VSO. You want someone that can see into the system using VBMS, as you want to see what the C&P exam said, including the dbq that they filled out. The examiner for C&P doesn't make rating decisions, but the RO will lean very heavily on their write up, so if the examiner does the exam incorrectly, they just might find "no evidence to support" and not return for a more complete exam. Write down down what occurred as you may have to file a HLR. If they didn't have available the VA records at the hospital, then that is a failure to support by the VA. They would then ask for a redo on a C&P again with you to do it the right way. If you get no where, get a new VSO but be sure they have VBMS. You might get a service officer from say, DAV at the Providence VA for example. (I'm not advocating any VSO because some are good and some not so much. Interview them before you sign a new POW. Obviously, the VSO you have currently isn't going to do you any good.) This is YOUR claim; don't be passive.

Broncovet is spot on. It is always take life improvement over the money. Everytime. I would also add that you check the reputation on any surgeon that's going to do a procedure on you on the internet. You will have a pre-surgery eval with the surgeon, ask him questions about risks and residual effects, and especially, is he the one doing the surgery on you or someone else. If it isn't him personally, why check him out?

Miguel Good advice given. I would second that if you can get to a Vet Center, you will probably find that they are much easier to work thru your issues. If you get a MH provider that just doesn't click with you, you have a right to ask for a change. Also, just in case you are really going thru a hard time, be sure you have the VA Crisis Line number handy 800-273-8255

@63Charlie said "veteran's litigation expenses should be paid by the VA, not taken from a vets retro pay." Man, that would be a major change in how the VA operates. They would actually reverse gears and actually grant when it should, rather than count on the Veteran giving up and not appealing. Great idea; but IMHO, never happening!

Ask a VSO to look in VBMS and see if there is something. Or, call the Whie House hot line.

I'm not a doctor, neither are you. In order to win a secondary condition to an already s-c disability. you of course need a current diagnosis of the new disability. Also, you would need a nexus or connection made by a doctor that "X" is caused by your s-c disability. If you can get your current doctor to provide a dbq for the new condition, great. Most importantly, you need that medical diagnosis that it is connected. If you can't get your doctor to provide, you're going to have to get an outside med opinion. Cost to you any ware from free to $1000 or more. But you NEED the nexus. Think of it as an investment. As for your current conditions being increased, pull up the diagnostic codes and dbq's for radiculopathy, etc. and do a honest self eval as to what your current symptoms are compared to the requirements for increased levels. if they are worse, you need to get a current diagnosis of the worsen conditions, think new dbq if you go outside for the diagnosis. No nexus would be required as it is already s-c. Do this for all your existing disabilities and be especially attentive to MH depression symptoms, as it may be your best option.

VeteranNadine As Steve C suggests, contact your VSO to see what's happening. If you didn't use one, you can find one that has VBMS., but I assume if you submitted without one, you may not want to now either.Don't want to do that, or, get a lawyer who has it, you can contact your Congressman and see if they can get a status for you. But most are not likely to be of much help if you need further action. You can also use the Whitehouse Hotline at 855-948-2311, which is what I would do. 10 conditions on one submittal is a lot, and there can be a lot of interactions between them, but they got to move on it. If they say it is held up on 1 or 2 things, you can ask if you could get some of those that are basically clean to be dispositioned. They usually don't do that often either, but if you ask the Whitehouse, it might happen.

Once you receive your decision letter, read carefully. It is possible that you did receive a 0% rating for your right ear. A 0% rating, even in just one ear gets you free hearing aides, and since it is s-c, you can go for an increase if it gets worse later in life. If your right ear is just marginal for hearing loss, since hearing loss is based on AN AVERAGE of both your ears, it also is quite possible that your average won't get worse on their scale.. I understand you wanting to get it s-c for both, but it isn't the worse thing that could happen to you. If you want to appeal, you will have to get an IMO to argue for you as you aren't a doctor or audiologist IMHO. Lastly you didn't mention if you filed for tinnitus along with the hearing loss. If you have tinnitus, file immediately as the diagnostic code for hearing may change very soon. Currently, it is a separate 10% disability. The new changes, if implemented, will drop that and have it as a symptom of another disability such as Mineres Disease.

Congrats, Richard.

It would be sent back to the RO to finalize almost always. It could include specific details for the RO follow. If the award is a low ball, you appeal either HLR or back to the BVA.

Miken Congrats to you rother. I followed your struggle over the years, it's been hard and stressful sometimes, but you made it! I would suggest that you don't make any major expenditures for a while; let things settle first. That sad, we also hope you can hang in there and offer advice to others on their own journeys.

Dustoff is spot on. I tell veterans, even those active duty, to make copies of their med and other records. Even though records are supposed to all be available electronically, we all have seen how that doesn't work all the time. Make the extra effort and make copies.

Hi Sanwinchester Welcome to Hadit. We always are grateful when new viewers decide to post of a subject New and fresh commentaries can not only add a new side of a problem, but might spark others to comment as well. I wish to call attention, however, to the dates of the posts. As you can see, they were in May but not this year but in 2021. Postings that old are probably not going to add a lot of participation. Hope to see you again on another topic.

Signcavah Welcome to Hadit. I'm sorry you are having such a hard time getting the disability. I'd call the White House Hot Line 855-948-2311. It shouldn't take this long. Best of luck brother.

Alway great inside info from brokensoldier!

Hi Paul, welcome to Hadit. You should certainly have a IMO for a secondary condition related to your s-c foot disability. Quite common actually, but you need to be evaluated in person, not virtual for get the fexon measurements etc. I don't have any direct contacts for you but what I'd do is contact a few of the big law firms and discuss and they may give you a lead to one or two that they work with. Try CC&K for example, as they are pretty big nationwide. Also consider other secondaries to the foot and knee issues. Back issues, meds causing GERD, etc.Good luck.

Just wanted to tag on a little. It's ok if your experience or opinion doesn't match up with a previous posting; just state your position and why it works for you. In other words, be polite and respectful. We must realize that often, there is more than one effective way to deal with VA issues. We don't have to start WW III because of a disagreement. If things get a little too hot, we will also shut it down, and people for the most part want answers to their problems, not negative stuff.

Hi Mary, welcome to Hadit. As explained by Tbird, the VA will sometimes use the ACE process when it appears that the C&P exam could be completed by a review of your medical records and evidence already provide and available. They MAY call you, and they may not, so you must be available to receive the call in case they want more detail. For example, when did such and such (symptoms) start, or do you have (additional ? symptoms). The only prep work you should do is know what disability it is you are having the ACE for, and then look up the dbq for the disability. This is just to familiarize yourself with questions that will be asked relative to your symptoms.

The new insurance will work for some and others may be able to get comparable coverage elsewhere. But it is for Disabled veterans; if disabled, a veteran can at least pick up a policy there where he may not get something elsewhere because of his disabilities. One other thing to consider is that, at least currently, the Feds don't tax the beneficiaries or you estate on the proceeds of the policy. That may be important to some.

Daveyamf79 Welcome to Hadit. I'd call the regional office and ask for the manager. You could try the patient advocate, and they might have a contact info for those types of questions.