Dustoff1970

In many of my C&P exams for past 30 years the examiner did keep copies of my medical evidence for their later review. Both VA and contract examiners. This got me 70% for ptsd and tdiu also 60% for Gerd (recent) and 10% for tinnitus (recent), etc.,. They either read my evidence at the exam and returned it too me in the office or kept it for later review. All they can do is say no and you have nothing to lose by offering what evidence you have for them to see. Bring copies only as they may keep your medical documents. It is their choice to accept or not your documents. Don't believe BS on other forums that say they will not see or keep your evidence. Some will and others will not. A racist biased VA examiner in past several years did refuse to look at my evidence and ruled against me for OSA Sleep Apnea and increase in Heart disease but the wonderful BVA judges overturned his sorry opinion against me on both my appeals and granted me 50% for OSA and 60% for Nam Agent Orange Heart disease that automatically qualified me for additional SMC-S monthly money with 5 years back pay. They probably knew his history of racism against vets like me. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Gonefishing. No there is no age cut off for C&P exams. Early this year at age 76 I had at least 2 or more successful C&P exams by QTC for GERD, Hypertension (HTN) and Tinnitus and quickly received VARO ratings of 60% for Gerd, 10% for Tinnitus and 0% for HTN. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Several years ago I was diagnosed with benign essential tremor by a private doctor and receive the Primidone medication from the Va pharmacy for this. Nothing was ever said to me about the treatment you asked about so I will do some more research on this. Thanks for asking.

No. I am 77 and have been filing my own claims and appeals successfully since at least 98 and been P&T TDIU since 98 and then made 100% P&T scheduler with SMC-S early this year. How ever after reading many 100s of BVA and CAVC decisions over the years plus years of deep research has indicated that older vets with at least 5 years of a static disability are extremely unlikely to be reevaluated for a particular disability unless they file for an increase in that disability. Sometimes at any age the VA may automatically make or deem a vet as P&T by stating no further exams are scheduled and you are entitled to Chapter 35 ?? benefits for your dependents. Sometimes the vet has to request in writing (filing a claim) as I did in 2000 for the VA to make the vet P&T. Approval was quick. A disability that has been in effect for 5 years is considered static. A disability that has been in effect for 10 years cannot be terminated but can be reduced and if in effect for 20 years then the disability cannot be reduced or terminated unless fraud was involved. I do recall reading in VA rules about the magic age of 75 where VA raters must show an over whelming amount of evidence that the vets disability has improved before reduction and this goes is same for the 5 and 10 year rule. This does not apply to 100% temporary disabilities for hospitalization of certain medical conditions. You can have a permanent disability rating but not be yet considered a total combined rating of a 100% rating. Others here plus an experienced VSO at a VA regional office can provide a better explanation. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Since you are already 100 P&T and did not ask for TDIU then just ignore the application forms they sent you. It is best however to consult with an experienced accredited VSO found at VA Regional offices and hospitals. Their services are free and you do not have to be a member of any vet organization for their help. My comment is not legal advice as I am no lawyer, paralegal or VSO.

Yes Boconvet many VA raters, senior DROs and VSOs are real low life SOBs. I have listened to them joke about our claims in their smoke break area outside the Waco VARO office over 25 years ago. There is only one VA rater that gives honest answers with a helpful attitude on another forum. The other retired ones and including lifer military retired mods and admins are real chits in their attitude toward new member questions on claims. They absolutely hate those of us who successfully represents our selves successfully on claims and appeals. There seems to be an attitude of government career bureaucrats that they are all superior to the rest of us in all things. No body really likes them except those depending on their paycheck.

Please clarify further. I understand that SMC- K and ED are one and the same thing so how can SMC- K be secondary to ED????. ED is SMC-K. Instead of combining the claims the VA raters may have made a decision on both separate claims and will send you the decision on both claims in the same decision letter packet. Many veterans have received service connection for ED (SMC-K) due to VA medications and/or VA service connected MH issues such as PTSD and Depression, etc. Quite common. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Since some members of this forum visit or members of other veterans benefits discussion forums and often receive misleading advice from those other forums then I feel necessary to offer this correct advice to counter/offset the stubborn deliberately wrong advice given by lying former VA raters and VSOs. These chicken chit aos still say that PTSD, depression, etc does not cause or aggravate OSA and that OSA is only caused by overweight or obese vets. They also say that obesity is not caused by VA medications, etc. and they further lie by saying paid for doctors opinions/nexus imo letters are basically worthless and waste of money and that the VA/BVA are aware of these fee doctors and discount or ignore their medical opinions. Further the pukes say it is very rare for vets to win these types of claims. This is plain stubborn deliberate lying BS by these former VA/VSO pukes. To begin with and I will use myself as an example later the BVA and not the VARO raters in fact the BVA does often grant vets service connection of OSA as secondary to PTSD or Depression, etc. and further more they recognize and often agree with paid fee doctors medical favorable opinion that PTSD and MH has caused and/or aggravated OSA in vets that are also overweight or obese and BVA often agrees that certain MH and other medications cause vets to be overweight, etc. In 2022 I was granted on appeal to the BVA a 50% rating for OSA as secondary to both my Nam combat PTSD and VA medications for PTSD and I was also slightly overweight. Unlike the sorry VA C&P examiner and VA VARO raters the BVA also accepted my private doctor's paid medical opinion (nexus letter) stating that my PTSD and medications caused and aggravated my OSA and also caused me to be overweight. The BVA often grants appeals to vets based upon the medical opinions of this 30 year private (non VA) heart surgeon and he is well known by them. Over the years I have read hundreds of BVA appeals and know they often grant the above type of claim/appeal that the VA raters ignore the favorable evidence and deny the claim by saying the vet is simply overweight or obese. The former VA raters and VSOs on a particular forum are extremely biased against attorneys and private fee doctors IMOs helping for the vets. I suspect this is due to plain old American style jealously by government bureaucrats and retired military lifers who are the admins and moderators on that forum. They are very narrow minded and cause harm to some vets with this misleading BS IMO. Stick with this forum for more honest and accurate advice in addition to consulting with an experienced and qualified attorney or VSO with the right attitude. There is also a great deal of medical research by reputable well known medical institutes further stating that PTSd and mental health problems cause and aggravate OSA and that certain medications cause patients to be overweight or obese. My comment is not legal advice as I am not an attorney, paralegal or VSO.

In addition to full VA health care coverage I have for many years been on original Medicare with a Supplemental medigap policy from AARP/United Health Care. Every year I look at the Medicare Advantage Plans for my area in order to save money with cheap monthly premiums or no premiums. Unfortunately the Medicare Advantage plans have many restrictions for my needs since i travel to other states a great deal and have heart disease, GERD, Sleep Apnea, etc. For example the Renown hospital system in Reno has their Senior Care Plus Medicare Advantage Plan that of course restricts you to doctors and medical facilities only in Northern Nevada/Reno area that is in their plan. Also Renown will not accept other Medicare Advantage Plans from other providers but always accept my AARP insurance for everything. If I was a younger healthier vet then I would choose a Medicare Advantage Plan with their many restrictions but not now. Often the Advantage planes will not approve costly medical procedures or expensive drug prescriptions and you have to have their PCP doctor approve specialist procedures. Not so with my AARP medigap policy.

I recently underwent two separate ACE exams from Optum Serve (LHI) for revaluation of my 60% Agent Orange Nam heart disease and within two weeks or less the VARO notified me by regular mail decision that my 60% rating would continue unchanged. Both records ACE exams conducted by NP examiners. I suspect the VA raters wanted to reduce my BVA approved increase to 60% but no joy for the chicken chit raters.

Duplicate

1. From 85 to 91 I was 50 then 30% for Nam PTSD due to poor DAV VSO 2. PTSD terminated by VARO in 91 due to poor assist from Korean DAV VSO 3. 2000 rated 70% PTSD and TDIU backdated to 98 represented myself pro se 4. 2000 filed CUE claims, VA Injury Section 1151 claim and P&T request. Received P&T status from VARO in late 2000. 5. 2003 received denials of CUE and 1151 claims from VARO and BVA 6. 2003 filed pro se appeal to the CAVC for CUE claim with 4 CUE contentions 7. 2005 Received a partial victory from CAVC when they agreed VARO failed to adjudicate me for TDIU prior to 98 and vacated and remanded to BVA, VARO to do so. 8. 2003 or 04 VARO awarded me 5 years tackpay for TDIU due to my ongoing CAVC appeal 9. 2017 filed claims for OSA Sleep Apnea due to PTSD and also a claim for Nam Agent Orange Heart Disease. 10. 2021 and 2022 received 50% for Sleep Apnea from BVA appeal judge and 30% for IHD/CAD heart disease backdate to 2017. 11. Received SMC-S statuatory and no request by me for house bound. SMC-S also backdated to 2017. I did not need, receive or request A&A or actual housebound. 12 2022 Received increase to 60% for heart disease from BVA appeal judge and this was backdate to 2017. 13. 2022 and 2023 received 60% GERD, 10% Tinnitus and 0% Hypertension or HTN due to Nam PTSD and AGent Orange Pact ACT from VARO raters. No claims or appeals currently in play. Total disability percentages 250%.

In 2004? The cavc court ruled the VA and bva failed to adjudicate my inferred/implied claim for a tdiu rating prior to 98. This was in response to a cue appeal l filed with the court in 2000. The court vacated and remand decision was in fact an invalidation of a bva appeal decision in my case. My comment is not legal advice as I am not a lawyer, paralegal or VSO

For additional input advice try finding an experienced DAV, VFW, AMETS, etc. VSO at a VA Regional Office or Va hospital to help you sort all this out. Their services are free to vets and you do not need to be a member of any of the vet organizations for help. Be prepared to appeal down the line the VARO decision/s. You seem to have a multi issue involved claim/s. Your situation is beyond my pay grade. My comment is not legal advice as I am not a lawyer, paralegal or VSO

As usual Broconvet is very correct in his advice to you. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Usually and ordinarily the VA hospital medical system does not automatically report their treatments for you of either service connected or non service connected conditions unless you file a claim for their treatment or diagnosis. Then the VA raters will request the VHA medical records in order to adjudicate the claim. VHA will not send medical info to the VA raters unless requested by you or the raters for a claim you filed including claim for increase. If you are hospitalized for a 100% temporary condition then I understand the VHA may report this to the VARO raters. Others can fact check me on this and provide more clarifications. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Your 100% P&T rating is very close to the VA 20 year total protected rating status mark as after 20 years they cannot reduce or terminate your rating by law unless they prove you committed fraud in obtaining your rating. If your knee replacement disability is separate from your 100% disability/s caused then you should be very safe in filing a claim for the KR if you have solid medical evidence for direct or secondary service connection to a VA diagnosed and rated disability. Or you can file claim for aggravation of a non service connected disability. After 19 years it is very highly unlikely the VA will reevaluate your other disability/s unless those disability/s are bone related to your KR. Then you can file for SC of KR or additional increase of other bone disability for maybe SMC additional compensation. Need to know what is your 100% for???. A VSO officer at a VARO regional office or some VA hospitals can provide you with free of charge advice and assistance. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Here is an example from another vet on another forum. He was awarded SMC-K for ED due to/secondary to his VA diagnosed long term MH issue that was PTSD and also due to strong VA medications for PTSD and other disabilities. Both the C&P examiner and VA rater quickly approved his claim. Another factor that was mentioned in his favor by c&p was never married and with no children as additional possible proof of ED. The exam was questions only and records review with no actual physical exam performed. Vet had no written notes or diagnosis for ED from any VA or private doctors and no nexus opinions from said doctors saying his ED was due to any other illness. Your VA and private medical records revealing your above VA disabilities plus copies of your strong medical drug prescriptions and a claim statement from you about your ED and your contention that the Depression and medications caused your ED may be all you need. You should claim your ED is secondary to the above VA diagnosed disabilities including Depression and also due to the strong VA and/or private medications taken for Depression and the other disabilities. Works for others. An experienced VSO found at VA regional offices and some hospitals can offer you free of charge additional assistance. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

I have no skills, experience or knowledge about website design or management or I would offer to assist. My limit is FB and a photo posting website wordpress.

STAY with us TBird. Don't leave us.

Your VSO is correct. SMC or Special Monthly Compensation pays additional money/dollars over and above your regular 100% disability pay. All SMCs pay extra money to vets. For example SMC-S1 and S2 pay near $400.00 per month each extra and SMC-K pays over $100.00 per month extra. Your SMC-L pays even more I believe than SMC-S or K. There are other examples besides these we discussed. These SMC awards are to compensate for the extra increased disability beyond just being 100% disabled. Stick with your VSO. My comment is not legal advice.

Yes he can be of great assist in filling out the form and also additionally writing a diagnosis medical opinion stating you are in need of a nurse or non nurse care giver full or part time plus continued aid and attendance, etc. His written detailed letter and filled out form is considered positive favorable medical evidence for your claim and especially if you have to appeal a denial from VA. Keep copies of everything and send only extra copies of this and all your evidence with a claim and/or appeal. My comment is not legal advice as I am not a lawyer, paralegal or VSO

Thanks for that bro. I think many but not all VSOs are also confused by the chicken chit VA rules on A&A, SMC, etc. Like many other government rules and agencies the system is deliberately made complicated forcing vets to rely on attorneys and VSOs to file involved claims. The people who of course write the laws, rules, regs are attorneys and lifer bureaucrats. Nothing has and never changes. I spent literary years learning and researching in law libraries, law books, and bva and court cases about how to successfully file claims and appeals myself but the above A&A with different types of SMCs are beyond me. I did enjoy learning and hanging out at university law libraries. Like you said think of it as a career move.

Again you are spot on. As early as 1985 I was treated for PTSD by both VA and non VA doctors at the Temple, Texas VA Hospital. They all wore white coats and never volunteered to me or other vets that they were contractor docs with private practice or employed by Texas A&M University Health Services. The sobs enjoyed being sneaky and the joke was always on us dummies. Even some of the C&P doctors then were private doc contractors and wore white coats all the time for the exams. The chief shrink at the hospital was actually an A&M doctor and not VA employed. He and others engaged in deliberate medical drug abuse of us Vietnam vets causing harm and one suicide. Later I filed a VA Injury Section 1151 claim against the VA and the chief shrink and wrote many same letters to many U.S. Senators and Congressmen that started a congressional inquiry against the hospital and chief shrink. He was moved to Arizona and then died at young age of 68 I am happy to say. He was a murderer.