Dustoff1970

If I understand your post correctly. You may have to ask the BVA to reconsider their decision in a Reconsideration Request Appeal to the BVA of their recent decison and explain in full explicit detail where they errored in their decision. May or may not require a lengthy writeup on your part. This will also extend your appeal of BVA decision further than the one year. If they deny your Reconsideration request then you have other options to pursue such as appeal to CAVC or file CUE claim against the BVA, etc., etc. You can also file a separate claim for SMC-S to the VARO if they did not automatically correctly award you SMC-S as they supposed to do. MUST EMPHASIS THE CORRECT EED in your claim. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

If you served with boots on the ground at any time in the Vietnam war or near the coast in Blue Water Navy then you may qualify for presumptive Ischemic heart disease IHD/CAD under the Agent Orange ACT. Other locations have been added since then such as the Korean DMZ on certain dates and in Thailand at certain bases depending on your actual location and MOS. As an example I was diagnosed and VA service connected for Nam AO IHD/CAD heart disease in 2017 with now a 60% rating. I served in Nam as Army medevac pilot in 1970. 38 CFR 4.104 Diagnostic Code 7005 states the requirements for VA service connection of Ischemic heart disease. I may be wrong but believe that Ischemic IHD/CAD heart disease is the only heart ailment type that is presumed by VA/Congress to have been caused by AGent Orange. Other will clarify this for you and a qualified VSO at a VA regional office or hospital can be of assist to you with a claim free of charge. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Also you really should consult with a qualified and hopefully motivated VSO located at a VA regional office or VA hospital. Their services are free of charge for vets. You have a great many questions.

I must note one strong exception in all honesty to my above comment. In 1998 I filed a reopened PTSD claim and at same time applied for TDIU on the proper form and stated my condition had worsoned over the past many years since my PTSD was reduced from 50 to 30 % in 87 and then terminated in 91. I stated truthfully that I had not worked at anything for past several years and that i needed immediate assistance from the VA. I underwent one extensive C&P exam with a VA Psychologist in charge of Reno VA MH clinic and he confirmed by his interview with me that I indeed suffered from serious PTSD. There were no DBQs in those days and the doc submitted a 9 or 11 page diagnosis of my PTSD condition. The Reno VA contacted my last employer that was my own small family accounting business and then issued me 70% PTSD with TDIU and in 2000 at my written request VARO made this P&T TDIU. Also I submitted a few eye witness lay statements as to my serious PTSD symptoms in addition to my own statements plus taking over the counter medications for sleep problems, etc. I also filed a CUE and VA Injury Section 1151 claim at same time. So there it is. A rare exception and example. Several experienced VSOs have told me that my receiving this rating this way was very rare without any recent medical treatment from VA or private doctors for PTSD.

I agree with Rattler and the others from my long term experience filing PTSD and other successful claims and appeals myself with the Va since 1985. To be successful you will have to show some type of new and/or material medical evidence that your situation has worsened in majority of all instances. Your word alone will open a claim and a C&P exam but then you have to convince the examiner that your situation has worsened without any new medical evidence. Good luck with that. It is what it is. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Since 1985 I have undergone many numerous VA and contractor exams for PTSD, heart disease due to Nam AO, OSA Sleep Apnea, GERD, Tinnitus, HTn, ect. and recent QTC and LHI exams have been fast, efficient and courteous unlike the many VA examiner C&Ps of old and last 7 years. Actually many C&P exams are totally unnecessary and make work government BS for the VA examiners and contractors. Many of my approved disability claims including recent ones were granted on the basis of my long term VA, private and Army medical records only and all the examiner did was confirm the records already in possession of the VARO raters. Bureaucratic BS is what it is. I learned to grow a tough skin and tough it out with the VA many decades ago. Good luck. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

As an example that may help, I very recently within less than 6 weeks received GERD at 60%, Tinnitus at 10% and HTN Hypertension at 0% (Pact Act). I filed all 3 claims on the same 526 form at same time with no aid of VSO. Gerd was claimed as secondary to Nam service connected PTSD and on long term VA medical records showing I had GERD and received GERD medications since 2000. I had my own copies of all these records that I submitted with claim and at QTC exam. Tinnitus I claimed due to Nam combat (Purple Heart), MOS occupation as Army medevac pilot and VA medications since 2011 for HTN and PTSD since 1985. The presumptive Hypertension HTN was granted under the PACT ACT due to my Agent Orange exposure in Nam and also I claimed secondary to long term PTSD and other long term VA medications for HTN since 2011 and for other medical issues. I received no official doctor or nurse diagnosis for any of the above except for a few words of note in VA medical records. I was not treated in service for any of the above except PTSD symptoms in Nam and Japan. All QTC exams for the above was very fast and efficient and courteous with quick VARO approval in less than 6 weeks. Long term VA medical documentation was the key to the above. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Although unlikely it is possible the VARO raters will treat your new HA evidence as a new claim automatically or they will treat it as new evidence to support of your existing claim. These are subjective decisions that raters make all the time in processing/adjudicating disability claims according to current and former senior VARO raters. Have you applied for and/or been diagnosed with a heart disease under 38 CFR. 4.104 DC code 7005. I have been rated at 60% by BVA for Vietnam AO Ischemic IHD/CAD heart disease since 2017 under old and new rating rules criteria. You can find the new final rating criteria for HA and also Ischemic heart disease at this link. Read carefully and apply to your situation DC codes 7006 for HA and 7005 for heart disease. https://www.law.cornell.edu/cfr/text/38/4.104#:~:text=7005 Arteriosclerotic heart disease (coronary,the current signs and symptoms. You should also consult free of charge a qualified VSO found at VA regional offices and VA hospitals. None of us here can guarantee anything. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

My at least two recent approved claims on appeal at the BVA (granted) took between one and half to three years including a remand then return to BVA. One appeal was a direct review. Original claim date of two granted appeal claims was 2017. Time line seemed fast to me because I stayed busy fishing and camping and doing other things. Also, I was placed on advanced on the docket because of my age of 75 plus.

Yes it can only help to boost or increase chance of your claim approval and with maybe a higher disability rating. Send the new evidence of 2nd HA ASAP in overnight or next day delivery via FedEX or UPS or USPS and download the form Broken Soldier just listed in his reply to you. Type in the form number on google search and select the link to the VA form website and then print out several copies of the blank form. If you are housebound because of your disability/s then a doctor will have to state this in a written diagnosis you then send a copy to the VARO as a claim and/or additional information evidence with your claim for HA and SMC-S. This pays additional of more than $300.00 per month. If you have a 100% disability rating or TDIU due to single disability rating and have other disability/s equal to or greater than 60% then this will automatically qualify you for a different type of SMC-S2 rating of more than 300.00 per month (additional). My comment is not legal advice as i am not a lawyer, paralegal or VSO.

Before VARO makes a decision on your first HA you can file additional information and/or evidence about second HA to the VARO using the VA form 21-4138 STATEMENT IN SUPPORT OF CLAIM and if you do not have this now old superseded form (I am told) you can use plain sheet of paper and type STATEMENT IN SUPPORT OF CLAIM at the top of page in larger bold type. This has worked well for me many times since 1998 and most very recently in claims and appeals. Be sure in your new correspondence you use the VARO reference numbers at top of their pages in reply to you and must include your name, C-file number and last 4 of your SSN plus date of birth on each and every page you send them. Some one else may know the new form number that replaced 21-4138 if there is one. I made many copies of the old blank 4138s and still use them if I can find them in my filing cabinet. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

As usual Broncovet is spot on correct in his reply to you. I have learned from long term experience filing my own successful claims and appeals that it was a waste of valuable time in filing for HLR review and the old legacy DRO review claims with the VAROs and went straight to a BVA appeal. The VARO always again denied my claim on the so called "second bite of the apple" Same with filing a supplemental claim with new evidence if within one year of a VARO denial but instead I appealed to the BVA and sent the new evidence directly to the BVA when they notified me of receipt of my appeal. Importantly in accordance with BVA rules and 38 CFR I ask them to evaluate the new evidence at the BVA and not waste more time sending this new stuff back to the VARO for probably yet another VARO denial. The above method has worked well for me on two appeals with effective dates of 2017 and even before then on other issues since 1998. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

I have been successfully filing my own claims and appeals since 1998 and as recently as 2017 for Nam AO heart disease and OSA Sleep Apnea and just recently for GERD, Tinnitus and Hypertension (all successful) and have not been reevaluated for any of these with now one ACE Records C&P IMO exam exception that is still pending for the recent BVA grant of 60% increase for my heart disease. The VARO raters are very unhappy that the BVA granted me an increase from 30 to 60% so this is their attempt at payback. From 1998 and 2000 I was rated TDIU with 70% PTSD and then in 2000 made TDIU P&T. During all that time (over 20 years) I was never called in for any C&P revaluation exams for my PTSD or 100% TDIU. From 1985 to 91 I was called in every year for C&P evaluation of my 50% Nam combat PTSD and this was reduced to 30% then terminated in 91. Everything changed for the better in 1998 when I started doing everything myself. Sorry ass older Korean War vet DAV VSO biased against us Nam PTSD vets. So based on my very long term experience there is IMHO no mandatory C&P revaluation exams every 2 or 5 years. Since 2017 I have been 100% P&T scheduler with SMC-S and going strong. I am almost 77. My comment is not legal advice as I am not a lawyer, paralegal or VSO

If you held a TDIU rating then no surprise you were reduced otherwise you could have contested the reduction if 100% scheduler only. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Okay in my response answer to your questions here is the U.S. CAVC 2012 decision referring to the moderating effects of medications on a vets disability claims. The actual discussion by the judges takes place further down in the decision in SECTION III. Good stuff those judges. https://www.uscourts.cavc.gov/documents/Jones11-2704.pdf Jones v. Shinski October 26, 2012 No. 11-2704 The sorry SOBS on another forum like to poo poo these court decisions as having no bearing on VARO rater decisions but the same SOBs never mention you can win your claim on appeal to the BVA and or CAVC using these precedent court decisions. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Although a new form ??? has been issued??? I have recently used VA form 21-4138 Statement In Support of Claim/Appeal to correct and/or add new evidence or information, arguments to my already filed claim. When no form available I have typed at top of plain sheet of paper STATEMENT IN SUPPORT OF CLAIM or APPEAL and successfully used this method to send additional above info/evidence to the VARO raters and BVA judges. It is important in your communication with the VARO to use their reference numbers at top of their reply page and also strongly link your letter or form to the original 526 you filed and say this is your new amended claim in lieu of the original 526. You have also been given excellent advice in the above replys. A good VSO is also valuable. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

It is extremely important you get and make extra copies of all VA, private and Military medical records you can get and then send extra copies with all your claims and/or appeals to include valuable prescription medication drug copies. This includes all treatment notes, diagnosis, prescriptions, lab test results, etc., etc. By all means copy and past the above medical information from your Myhealthyvet personal page to your evidence folder on your computer then print out the important stuff. Information on Myhealthvet could disappear overnight due to their "computer glitch". Stay up to date on your personal page. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

In 2012 the U.S. CAVC veterans court issued a decision prohibiting VA raters from using the moderating effect of treatment drugs for a disability to reduce a vets evaluation rating level. Here is more info on this from Veterans Law Blog. "By law, when determining the percentage for your rating the VA can only consider the criteria contained in the Diagnostic Code for the given disability – – to do otherwise is error. Unless the effects of medications are specifically included in the impairment rating criteria for your condition, the VA is NOT allowed to consider whether a particular medication moderates a Veteran’s condition in determining the degree of disability. It’s that simple. Let’s take a look at a Sample VA Disability Claim: As an example, say a Veteran has been able to service-connect Irritable Bowel Syndrome (DC 7319). Undiagnosed, the symptoms of IBS might be a component of Gulf War Illness With prescribed medication, our hypothetical Veteran’s condition moderates from a severe form of the disease to a milder form. The severe form of IBS is rated at 30% and the moderate form of IBS is rated by the VA at 10%. Let’s say the VA gives the Vet a rating of 10%, claiming that the Veteran’s medication limits her symptoms. Is that 10% rating correct? No . The Diagnostic Criteria in the VA Rating Schedule for Irritable Bowel Syndrome does not specifically list the effects of medication. Therefore, the VA is not allowed to consider the relief it provides when determining the degree of disability." Has this happened to you? When have you seen the VA use “improvement due to medication” as an excuse to give a lower rating? My comment is not legal advice as I am not a lawyer, paralegal or VSO. Submit a Comment

Recent interesting article from Military.com news site. " The Department of Veterans Affairs has approved nearly 80% of the 570,000 claims it has adjudicated under the PACT Act, distributing more than $2.2 billion in disability compensation to veterans or survivors since it began accepting claims last year. Of the total claims, however, 34% have received a 0% disability rating, meaning that affected veterans have at least one service-connected condition under the law that is not disabling -- for example, hypertension, which has been linked to Agent Orange exposure, that is controlled by medication. The VA is now reviewing its ratings schedule to determine whether it can revise it to address medically controlled conditions such as hypertension, VA Under Secretary for Benefits Joshua Jacobs told reporters Thursday."

Not enough information. Need to know the origin of your PTSD/mental trauma. Was your PTSD due to sexual assualt or harrassment or combat or witnessing some type of horrible accident where you were involved or saw seriously injured persons, etc. These examples are known as PTSD stressors and you will need a proper diagnosis from a qualified Va clinical psychologist for initial first time diagnosis of combat PTSD. You will also need some sort of proof the stressor/s took place while you were in active service, etc. such as a law enforcement report, combat badges such as Purple Heart, combat medical or infantry badge, valor award, etc. othe reports from your superiors and/or medical treatment notes or diagnosis plus prescription drugs for PTSD symptoms. You need to find an experienced and hopefully motivated VSO from the DAV, VFW, AMVETS, Amer Legion or country veterans service officer and they are located at VA regional offices to help you with the claim. No charge to vets for their services. Pacman provided you a good outline of the requirements. My comment is not legal advice as I am not a lawyer, paralegal or VSO

As I recall a BVA remand last year to the VARO resulted in a fairly quick response to me from VARO in about 2 maybe 3 weeks.

Well said Broconvet. I suppose she could recommend an unlikely increase to 100% for heart disease as I filed my claim for increase to the highest rating allowed and courts has ruled many years ago that VARO raters are to assume vets are always filing for/seeking the highest rating allowed for a particular disability. Many vets don't know this. This is as I said is of no concern but a very interesting mystery for me. Going fishing for maybe a week for fun and pleasure.

Received this notice from Optum Serve for them to conduct a VARO request ACE exam of my medical records for IMO evaluation of my Vietnam Agent Orange Ischemic heart disease rating level of 60%. No in person appearance is required of me. On May 30, 2023 the BVA Judge granted my appeal for increase of the IHD/CAD heart disease from 30 to 60% and now already the unhappy jealous VARO and VA C&P examiner are requesting an independent IMO on this increase approved by BVA. As an old experienced dog dealing with the VA claims and appeals successfully since 1985 I am not concerned or too surprised by this as this confirms VARO raters narrow small mindedness. I have been highly critical of this biased VA C&P examiner in post on veterans benefits forums with no regrets. He was overruled twice by BVA judges on my two separate claims/appeals. The judges said both times correctly that his negative opinions against me were deficient, defective and without merit. I will of course contest any proposed reduction although a reduction would not effect my overall solid 100%P&T rating with SMC-S. Their government fun and games with vets continues on and on and on. May they burn in I encourage fellow vets to grow some guts and challenge the VARO and their examiners. You are no longer in the **********military. They cannot reduce me below mandatory 30% because of confirmed enlarged heart. Next the pukes will probably order a field examination of my daily activities that is fine by me as they can waste their personnel time and taxpayer money. "trust us we are from the government" HA My comment/opinion is not legal advice as I am not a lawyer, paralegal or VSO.

It has been a month and no followup info or request from Quontum about me attending a C&P exam after the initial email notification. In the past they have always quickly sent me a Fedex package with details after first initial contact. So this is another mistake/false notice on part for them and/or VARO. Both parties have all my contact info now for many years. I am an experienced old dog of many decades dealing with VA and contractors so no concern and am legally protected by Title 38 USC and CFR. Even a reduction of one rating would not reduce or eliminate my 100% or SMC-S. I was just curious if this was happening to others but I guess not. I have been a frequent and generous severe critic of POTUS on social media with no fear or regrets so who knows. I earned the right in Vietnam to free speech and to shoot my mouth off.

Yes I also just received a letter from VARO that they are reviewing my HLR claim however I have not filed an HLR or new claim and as stated above all my claims and appeals were successfully completed in past two years. Maybe this is happening to others???? I am not calling or contacting Peggy as not concerned about this. Their screw up their dime. Going fishing and wait and see.