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broncovet

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broncovet last won the day on January 23

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About broncovet

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. Basser said it better than I would. I would just add dont trust ebenefits, wait for the envelope, then decide if you want to appeal the effective date.
  2. broncovet

    CUE for Eczema-like condition going to RAMP

    There may be something here that was overlooked and not discussed. Again and again, when 38 CFR 3.156 b or 38 cfr 3.156 c can be used, I dont recommend raising the level of review to CUE, when a simple reopening keeps the benefit of the doubt in your favor. Read your decisions. Did they cite the exam which (failed to state) your meds in the decison as "evidence"? If they did NOT cite this medical exam, then you should be able to resumbit it and get it reopened for an earlier effecitive date (3.156b), if your claim is pending (in some type of appeals). You dont want to use a sledge hammer to swat flies..you use a fly swatter or rolled up newspaper. Cue is like a sledge hammer, and, while effective, look what the sledge would do to your wood, (standard of review) first. A "wild swing" at Cue will likely do more damage than it fixes. Now, a precisely driven CUE can effect a home run. You need to cite the regulations VA violated..and which decision and where..cite where there was an error. You also have to show how the error was outcome determinative, and undebatable, and incosistent with regulations at the time. The Cue sledge will work, but not when swung wildly.
  3. Im pretty much in the same position. Im 100 percent P and T (no smc s), and have had arthritis "not service connected" even tho I fractured that knee in service. I have concluded its: 1. Highly unlikely I should die from arthritis or other knee conditions. And, since I have been SC more than 10 years, my cause of death wont matter to my spouse, for DIC. 2. SMC S is somewhat "moot" in relevance to knee issues because I feel I already qualify under Howell, as Im "unable to leave the home to earn a living" as I am TDIU according to VA. So, I should qualify under my existing disabilities for SMC S, and, even if I was awarded smc s by gettin an additional 60 percent for arthritis, I would wind up appealing the effective date anyway. So, I have concluded, in my case: IT wont make any difference to me. As far as a reduction because I have "actually improved under ordinary conditions of life", I see the chances of that happening are less than winning the lottery. So, for me, when I get the appeals done which are in progress now, Im done. 16 years fighting for VA benefits is long enough. I dont have much to gain by going for more. Your situation is probably different.
  4. Interesting and informative, gastone. According to my doctor at VA (who did the ears only accupuncture), they also offer it once per month on Fridays. What REALLY suprised me is VA paying for the aroma therapy, and I think I could benefit from that also. Do you use the nebulizer and put it in the air near your bed, and which essential oils do you use. The bottle, if its a mix, should show the ingredients. I would be interested in the brand name, and which one(s). There are many. My doctor never told me about accupuncture, but then offered it when I asked for "something for pain" as I am "bone on bone" on at least one knee, and am scheduled for knee replacement surgury on June 5.
  5. broncovet

    Confused about how to qualify for SMC?

    You left out the critical factor: Are you working? You can read about smc S here, which will help answer why I needed to know: https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ Even tho you are "not" supposed to have to request it, if applicable, yours wont be the VA's first mistake. So, go ahead and apply, especially if you meet the criteria, above. Since it does not appear you qualify via a) statuatory smc s, you may qualify for b) "housebound in fact". B normally takes a C and p exam to see if you "are essentially confined to the premesis". However, we dont know if you qualfiy for additional levels of SMC S or not, we dont know if you have "loss of use" of appendages, eyes, ears, reproductive organ (SMC K) or not. We also dont know if you need aid and attendance (SMC L) either. Apply. If denied, you can ask us how/if you should appeal.
  6. I just received battlefield accupuncture at my VAMC. The doctor put 5 pins in each ear. Yes, the pain level went down. He said the needles will fall out by themselves in a few days, or I can remove them in 5 days. Its for pain. Anyone else have this??
  7. broncovet

    IU

    In regard to A and A, VA often misinterprets regs to mean you are "bedridden". The regs are carefully crafted to allow VA raters to mistake this to mean you have to be bedridden to get a and a, but its not true. Bedridden IS ONE way to get a and a, but its not the only way. The operator "OR" means that bedridden is not required, but any of the following is sufficient: Its one of the ways VA loves to lowball. Criteria for a and a: *Did you miss the "and" permanently bedridden??
  8. Yea...the VA decides when the Veteran thinks the medical care at VA is adequate. I guess the VA does not have enough control over our lives as it is....or maybe I should ask the VA if its okay if I think that???
  9. IN my town, those so called "homeless Vets" who wait on corners with a sign, "Homeless Vet..need help", are almost all frauds. There is a van than comes to my town once a day full of people with signs..they are dropped off at different corners from a nearby town. They pick them up in 5 to 8 hours...when these people give most of their money they collected to their drug dealer..and then its back home. You arent supporting a "veteran", YOU ARE SUPPORTING SOMEONES DRUG HABIT WITH YOUR GIFT. Im not saying its a bad thing to help others..quite the opposite. You just are not helping them buy them their next hit of drugs. Buy them a meal..pay for the meal, and dont give them cash. (Most of the time they will decline the food, because what they really want is drug money). I give money to my church for "food baskets". I also pay the way for kids to go to "youth camp", and stuff like that. Just dont support anyones drug habits.
  10. I agree with Gastone. Get a lawyer. The only reason to hire a lawyer is if he makes, not costs you money. Because of your OCD you focus on the cost, not the benefits. As often said, 80 percent of something is much more than 100 percent of nothing. I have also explained that, if you hire an attorney shortly after a BVA denial, then it can cost you nothing because EAJA can/usually does pay all or most of your fees. This only works at the CAVC, and not at "other times" during the appeal process. Not everyone can do a good job representing themself. Alex even got a lawyer. I got one. Trust me, I did not hire a lawyer because I like throwing money away. My lawyer "up fronted" me the IMO fees, and I did not pay those until I got the retro. There is no doubt I would have never won my case without a lawyer. A math teacher in high school once explained it. Someone asked, "How many points do I take off for each wrong answer?"...when grading a test. "Oh, dont take any offf!!!, " he replied. "Just divide the number of right answers by the total number of questions." So, yes, you can "dwell" on the 20 percent you "lost", or you can instead "spend" the 80 percent you would have never gotten without a lawyer. You choose.
  11. Congratulations! I will answer questions but not to repeat what others say, as I agree with Berta and Buck. 1. Your retro is the "later" of the date of claim, or date the doc said you were disabled (aka known as facts found) , with some exceptions. When you get your effective date, we can try to help further to see if its correct or not, but we can not tell you what date the doc said. 2. The SMC you are eligible for mostly depends on what the doc says you have "loss of use", and whether or not you need "aid and attendance". You can check the criteria for SMC as you know your health records better than I do: https://www.law.cornell.edu/cfr/text/38/3.350 3. What the VA did a few years ago, (I dont think it changed) is to offer the depenedent the choice of the "effective date" of ch. 35. It could be your depenedent is offered either option..to get back pay for college already completed, or to start now. Your dependendent would need to send in the election form, promptly, when they send it to you. 4. I think some forms of SMC wont pay both. For example, I dont think you get A and A if you are a resident of a VA nursing home. (In other words, VA wont pay you twice for A and A, once by paying your nursing home bill and again by paying someone else to care for you. However, a spouse or family member can provide care for you and still get paid.
  12. Its pretty much the same as everything else: It should be approved if you have the evidence. The evidence would be if a doctor said that your ED is as least as likely as not due to diabetes. If he said that, you should get approved, and you should be able to read it and find that out for yourself.
  13. Yep, more people taking advantage of people who want to help Vets. They should donate to hadit, instead. https://www.whio.com/news/florida-man-faces-charges-alleged-veterans-charity-scam/qxWvFjMKsQ9GbGgJRRaR7O/
  14. broncovet

    Be advisied

    Ocean posted: Altho, I dont doubt the sincerity of your statement, I have not met anyone from Argentina either, but that does not mean That people from Argentina dont exist. Instead, I think there are many Veteran friendly doctors, who sincerely want to do what is best for their patients. I have at least one such doctor, probably several. If you do not think your VA physician is acting in your best interests, you can change them. I did just that, about 8 years ago. My doc and I did not see eye to eye, and I put in a request to change my physician. At my VA, these request forms and a drop box are right near the prime care area. About 2 weeks later, I got a call from that doc. She asked why I was asking for a change. I explained some incidents where I did not think she was thorough, and did not act in my best interest. (specific examples). She promised not to do that anymore, and asked that she remain my physician. I agreed, but let her know I would not be convinced again..after that, I got every thing I asked her for without hesitation. My opinion is that she was foreign, and would be sent back to India if she lost her work visa and she may have been on probation at the VA. That is just a guess. The bottom line is you dont have to consent to be treated by someone that you think provides inferior care.
  15. broncovet

    Is this a CUE

    Once again, I learned something from Berta. Years ago, Jim Strickland had a bit about Cue, and alleged that, once a cue was filed, you could never file it again. As Berta correctly pointed out, Jim was incorrect in that it depends upon the words BVA uses to deny cue. If the cue is denied "without prejudice", then that means the Veteran can re word his cue and file it again. Great work, Berta.
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