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broncovet

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broncovet last won the day on January 23 2018

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About broncovet

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. Your profile says you are 100 percent. It may not be worth persuing anything more. 110 pays the same as 100 percent.
  2. Wow. That means I will get my BVA appeal done in 4.99 years instead of 5 years. Oh wait!! They didnt improve the BVA appeal process they forgot to mention that. Gee, I wonder why. I can see it now:
  3. 1. You would file for an increase, since its already SC, but read below, since its unlikely to get you additonal compensation. At tdiu, you are already at 100 percent, so you dont get more money with 100 percent schedular. Frankly, unless there is something in it, I dont recommend fighting VA on principle only. Its just too much work for $0.00. You would be better off cutting your neighbors grass or shoveling the snow if you want to do something with your time. 2. Unlikely. If you do get an increase it will likely be dated the date of your claim for increase not back to 1990. The effective date general rule is that your effective date is the later of the facts found or date applied. The facts found means the date the doc said you had an increase. That would be the date of the exam, the hearing loss practioner would have no way of knowing "when" your hearing loss worsened, only that it was worse now than it was when rated 0 percent. 3. If you post your "maryland CNC average" decibels of hearing loss you can look up the charts or we can look for you. We dont know what the percent will be because we dont know the examiners numbers. If you post the decibels of hearing loss, we can calculate the average. Moving from tdiu to 100 percent schedular does not result in an increase in compensation. TDIU and 100 percent schedular are both paid at the 100 percent rate. Based on your posts, you dont have a single 100 percent disability, so an additional 10 percent wont suffice to warrant SMC S. To get above 100 percent compensation (either TDIU or schedular) you have to get SMC.
  4. You may not know this, but "findings of fact" are generally not reviewable at the CAVC. Once the BVA makes a "finding of fact" it practically takes an act of congress to reverse that finding of fact. However, again, if the board makes a finding of fact, and does not give a reasons and bases as to why (Veteran favorable evidence) was not considered, this can work as a remand to the CAVC as "insufficient reasons and bases" remand, forcing the board to readjuticate and either give a reasons and bases or awarding benefits. Now, of course, the Board makes mistakes. They overlook evidence also. The board does not have to list a reasons and bases every time a judge goes to the water cooler. If the favorable evidence is in the evidence list, its assumed it was considered. In my case, my doctor opined in 2015 that I was "homebound". The VARo decision did not give a reason why this evidence was not considered. I am in appeals to the BVA arguing that the board must consider this probative evidence, that there is no evidence to the contrary. The doctor is presumed competent, so my arguement is this must be awarded. We will see how that goes. I resubmitted the 2015 exam as "new and relevant evidence" because it was not in the evidence section, so I assumed the rater did not have it. The trouble is, Vets dont know what is in their cfile "in real time" unless they have an attorney or VSO with VBMS access. Sure we may have a copy of our cfile, but that was likely a year or longer ago, and evidence can be added or subtracted on a daily basis.
  5. No, it does not mean that. With almost every case the Va "weighs" the favorable and unfavorable evidence. Then they render a decsion. With the BVA, the Board must give a reasons and bases as to "why" xx favorable decision was not probative. Hypothetical example, similar to real examples: "While the Veterans Doc, Dr. Smith opined that his condition was at least as likely as not related to service, Dr. Jones opined that it was not related to service. The Board finds Dr. Jones opinion to be more thorough as he stated that he reviewed the Veterans records, while Dr. Smith did not so state. Therefore, the board finds Dr. Jones opinion more probative and SC is denied." There are lots of excuses the board can cite for not awarding benefits, they have a whole list they can pick from. Or, they can state the evidence is "in equipose" and award the benefits.
  6. In "my" state a letter (printed from ebenefits) will suffice. I can not answer this for your state. However, now with ebenefits "letters" they work "even" to get on post and get a commissary ID. Try that one first, or call them and ask them. Its really ridicilous that an ebenefits letter wont suffice. Again, I suggest you call the office of the tax assessor OR just show up with the letter, like I did. I think its better to just "assume" the printed out VA letter from ebenefits works, rather than suggest to them we go through a long ardous process of sending it to VA and "hoping" they send it back. At my VAMC, there used to be a VARO worker whose job it was to sign letters like this. With ebenefits letters, they may have eliminated his position, but I have no idea. YOu can fill out the state form, and where it says "signature of VA official" just write "see attached" and enclose your AB8 letter. It worked for me. Remember, even when we get a decision letter, these are not signed "in ink" but rather a computer printout copy of our decision with no original (in ink) signatures. Take that most recent decision letter granting benefits with you also. The trouble is most of those dont say "permanent and total" they say things like "eligibility to Chapter 35 is included" or "no future exams are scheduled". The state wants a letter which says permanent and total, not one that says "no future exams are scheduled". To VA it means the same thing, but try convincing your state. GRRRRRRRRRRR
  7. Well, how soon would you like to start getting paid? That's how long you should wait. If you want to start getting paid in year 2024, then wait till then to apply. However, if you would like to start getting paid tommorrow, then apply yesteryear.
  8. Check the criteria. Most disabilities are "before" medications. If you lost your leg, and VA gives you a wooden prostheisis, are they gonna take away your benefits? After all, you can walk now, or hop on one leg. As explained, most disabilites are "before medications" not after. Where you get into trouble is discontinue seeing the doc. The VA then assumes you were cured.
  9. You also asked about primary and secondary conditions. Veterans, in order to get benefits are required to get both a law degree as well as a medical degree before an award can take place. Then they have to go to work for VA for at least 10 years as a rating specialist, so they can understand the entire rating process in their sleep. Hmmm, maybe not. I dont suggest you "limit" your application for benefits to primary or secondary. If you guess wrong about what the decision maker is thinking, then you will delay your claim. Instead, ask for your condition both primary and secondary, and let the decision maker review your evidence and decide which, if any, applies to you.
  10. At your c and p exam, tell the truth but tell the examiner what happend on your WORST day. So if the examiner asks, "How are you?" Then tell him how you felt on your worst day, not necessarily today. If Thursday you fell and had to stay in bed all day, then so state. Dont tell him you are "fine". Instead, tell him you are better today, but on Thrusday.....(what happened).
  11. The criteria for VA's is here: https://www.law.cornell.edu/cfr/text/38/4.87 Its not unusual that the military low balls you. Its extremely important for you to apply to the VA within 12 months of your exit from service. I am not qualified to opine on Med Board, but maybe someone else will chime in who has been MEB. Im not a doctor and I dont know what difference, if any there are between "cerebellar gait" mentioned in the criteria or "ataxic gait" that you mentioned. However, looking up these terms the end result seems to be similar. My suggestion is you apply at your earliest convience with VA. Fill out the correct application form, and its okay to ask the doctor the diffences between ataxic gait and cerebellar gait....surely he knows better than I do. If VA denies you, (as they do about 80-85 percent of the time) then you will have to appeal to get your benefits. The same thing if they lowball you. If you go in expecting to have to appeal, you are unlikely to be disappointed. Whatever you do, keep 2 copies of your military service records, including the dd214, as VA loves to lose those so often, there is a special regulation when VA loses some or all of your service records: 38 cfr 3.156(c). Use one copy for yourself, and keep the other in a vault. Should you lose your copy, then make a copy of the one in the vault and use it. DO NOT DEPEND ON VA TO KEEP TRACK OF YOUR SERVICE RECORDS, there is financial incentive for VA to lose them. And, there is incentive for you to keep them. Sure, you may never have a problem with this. But if you have answered thousands of questions here, like I have, you would know that so many others have had VA lose their service records, I have memorized that regulation: 38 cfr 3.156 C
  12. Congratulations on your win!! I have not known anyone to win benefits THEN enroll in VA health care, its always the other way around..VA care first.
  13. You posted: This is a negative nexus. It sounds like its in conflict with your PCP who gave you a nexus. You can cite the case law Attorney Chris Attig cited. You did not need a c and p exam...you already had a nexus. VA ordered an exam to get evidence to deny. They got that (negative) evidence and denied you. Chris Attig calls it "developing to deny". If you already have a nexus, the VA is not supposed to go on a fishing expidition to find evidence to deny. That is exactly what they did. Now, its possible that the c and p examiner was "more competent" than your PCP BECAUSE the c and p examiner "could" have been an expert in the field, while YOUR PCP may not be an expert in ortho or knees. But, they have to state a reason why. You should appeal this, and see what Chris Attig says about developing to deny:
  14. File the NOD. You may have to get an IMO to overcome what the VA considers is a negative medical opinion. (I have not seen the opinion, but it doesnt matter what I think, any, because Im not a decision maker for ratings). My advice is to get your records, especially the medical opinion. If you think the medical opinion "is" favorable then you could try an HLR. The VA is going to be looking for "at least as likely as not", and they may not even read the medical rationale. After you file a nod and get the records, you will need to decide whether or not to get an IMO. If you dont have a valid nexus, you will need an IMO to be SC. No nexus=no benefits. Now, the 3 Caluza elements are only 2 with secondaries: 1. Current diagnosis 2. Nexus that the (secondary condition) is at least as likely as not due to an already sc condition.
  15. If you WERE granted an additional 40 percent, then he would likely meet "statuatory" SMC S, which is a single disability at 100 percent plus an additional combined 60 percent seperate and distint from each other. That would be about an additional 360 per month. I dont know about hand controls, maybe others can chime in. I suppose you could buy hand controls if you had an extra 360 per month. In most places that will buy you the whole car! Rick you need to check your medical records. If there are errors of same, then you can seek to correct them as this regulation explains: https://www.law.cornell.edu/cfr/text/38/1.579 Also, if you have been injured due to "failure to diagnose" your issue(s), then you may have an 1151 claim. Berta knows well about 1151's, and the way I understand them they are IN ADDITION TO regular Veterans compensation, if awarded. But, look in Berta's posts and I think you will find where she cites the regulation explaining 1151's are in addition to regular compensation. You did not say whether or not you were denied for your additional comp, if you have been you need to appeal it. You may need an IMO to prove your case. The good part about SMC S, is that its inferred. This means your effective date is the date you met the criteria for it, not the date you applied. So, if you met the criteria 10 years ago, then you should get 10 years of retro. If you were to get 10 years retro of SMC S it would about 36,000 dollars, so, again, you could buy your own hand controls. OR, you may meet the criteria for Aid and Attendance, given your bladder and bowel issues, which would be even more. Now, even if you get care by your spouse or a family member, this does not disqualify you from getting SMC L (Aid and Attendance). The regulation specifically says that. See 3.352 C. https://www.law.cornell.edu/cfr/text/38/3.352
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