Eddie_H

Thanks for the replys, I hired a lawyer first because when I went to my local PVA he said I couldnt file since it was over a year. So since then i have read every regulation, court dockets and everything i can find about SMC. Its the proccess of applying and appealing is where i struggle with. I know what im entitled to and im not giving up until i get it. I am actually entitled to R2 from the begining, but want to get the backpay for where they missed the loss of use first because its easy to prove. I have medical records that states that my left hand is non functional and that family members have to catherize me when i left the hospital. But the C&P examiner never asked or I never thought to say either. I had no idea about ratings in the begining, i was just glad that I was still alive. The PVA is still my rep now, but I think i know my case well enough to do it on my own..

Here is my denial letter plus my 2001 rating stating i met the need for aid and attendance and homebound. But i didnt get my r-1 until 2004. https://drive.google.com/file/d/1vt18wlxvAJDlJjrpSziJMLbAwxY8Iodq/view?usp=drivesdk https://drive.google.com/file/d/1w-3wD821XLPbOkLT9l5BN0BCfnZK1VP1/view?usp=drivesdk

My Lawyers reply was they always deny the first attempt. So i fired him and gonna do it myself. I will scan and post thier rational for denial, plus the proof thats in my ratings.

I had a lawyer help file a cue claim for back pay i should have recieved when i got my r1 rating in 2004. That claim got denied because because they didnt bother to read my ratings from 2000 when i was medically retired. I got the rating in 2004 because the pva had a doctor put loss of use of lower extreminites due to no balance and weakness. The thing is my 2000 rating states i failed the Romberg, heel to toe and heel to shin test that is for checking for balance. It states i have to use a cane and i fall alot. It also says i have to use my arms to get out of a chair which is almost word for word for loss of use of both buttocks. How can i appeal it again and make them look up what test i failed to prove i had no balance back in 2000. Its frustrating that its there in black and white but they denied me benifits for those 4 years that i was entitled to because someone is to lazy to look things up. TIA