[R2 fight for mom]

On 4/5/2024 at 8:05 AM, broncovet said:

Im with you.  The decision makes no sense.  They granted "loss of use" of buttocks (but denied any higher levels of SMC).  Those statements conflict each other.  Thats like saying we decided to give you a pay raise, but we arent giving you any more money.  

SMC R2 is a massive amount of money (around 10k per month) and VA wont give that to you, until they beat you half to death with paper first.  Here is what VA wont tell you:

I think you are gonna need a pro to help you.  Probably someone who knows SMC inside and out, like CCK law.  You could appeal it yourself to the BVA (they likely would).  Then, get CCK law to represent you at the CAVC tor represent you (for the eaja fees) and try to fix it again yourself at the board remand.  

But, the faster way is to call CCK law now, and let them handle it. That decision is so messed up I cant imagine them not taking on this case.  They probably got the effective dates wrong, too.  They probably used the date of the c and p exams.  

    I dont think a HLR will fix this because there is probably missing evidence..you indicated her medical record indicated inocontinence 30 times, yet it was not mentioned.  That probably means missing evidence under 38 cfr 3.156.  

   I have at least 20 years practice with the VA, and have answered thousands of questions on this forum since 2007.  I would not do an "R2" without professional help because its "above my pay grade".  In other words, I would turn it over to cck law, or a similar firm, myself, and did so, 3 times..all resulted in remands at the cavc and 90 percent of my fees were paid by EAJA so I paid almost nothing for attorney fees.  (But I did the BVA myself, but I would not do the BVA in regard to R2).  

   I think it was Lemeul who made it to R2, and he is the only one I have ever known to get er done.  Maybe he will chime in.  

Well, that's a no go. CCK said they won't be able to take on the case. I'll see if I can go to the BVA myself. I do believe I can get her an L #2 based on loss of use of both lower extremities, which should get her to O and then R1 or R2 from there. We shall see! 

[R2 fight for mom]

Thank you! I'll reach out to CCK and see if they'll take it on.

[R2 fight for mom]

Hello everyone! I've been fighting for about 8 years for my mom who has severe dementia as a result of several strokes caused by her service-connected hypertension. I'm her fiduciary and POA, so I've been handling this on my own. I want to thank everyone who has shared their stories, because I wouldn't even know about SMC if it weren't for this forum. Our VSO gave up the fight as soon as mom obtained a 60% rating.

I recently got her to SMC-L with K this month, but I feel the VA has still missed a condition in her medical records and made some errors in determining her current rating. Honestly, she should have been TDIU since 2012 but she was stuck at only 20 or 30% for her resistant hypertension at that time. She never received a full workup and the correct medication until it was too late.

She is currently in need of a memory care facility, is wheelchair-bound and housebound with a hoyer lift for the last several years, and needs total assistance with all activities of daily living. With all of her conditions and her need for total assistance that otherwise would render her to a nursing home, I'm pursuing SMC-R2.

Oddly enough, they just gave her K due to Loss of Use of both buttocks, but didn't give her LOU of both lower extremities or even LOU of both feet. She literally cannot walk or transfer without the help of at least two others. I thought from other threads that the inability to perambulate equates to LOU of BLE?

They also have her rated for 60% urinary incontinence (highest level they give), but don't have her rated at all for bowel incontinence which should be at 100% itself and is mentioned in her medical records upwards of 30 times!

We had a C&P exam in December and all of these items were missed.

So the question is, what's the best path forward to R2???

Also, section 8 of her Decision Letter is quite confusing to me. Can anyone help explain it?

The Redacted Claim letter and List of Disabilities are attached.

 

Mom ClaimLetter-2024-3-14.pdf Rated Disabilities Veterans Affairs.pdf