broncovet

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broncovet last won the day on May 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
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    Navy

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  1. Appealing a decision does not change your current rating. It continues, pending the outcome of the appeal. And, NO, the VA can not reduce your rating based solely upon you applying for an increase. There is specific criteria they must use to reduce you. If your rating is permanent or longer than 5 years, they have to show you "actually improved". since your last rating decision.
  2. I agree with VYNC as long as your "counselor" is qualified to make this diagnosis. There are very different levels of "counselor".
  3. Sure, but that may be just as good for you. Any form of SC (direct, presumptive, secondary) pays as well. When you go to the grocery store, they wont say, "Wait..is the money you are paying for this milk "Direct" compensation or "secondary"? The law requires Va to consider "all forms" of comp. Otherwise, they could just ignore the presumptive if you did not know about it and ask for it. They have to give it to you anyway, even if you dont know what "presumptive", "secondary", or "direct" even means.
  4. Worrying about this wont make it go faster. If your claim needs a "tune up" to make it go faster then give it one. It sounds like this is an increase, since you are apparently already 30 percent VA will schedule your c and p exam in its usual unhurried, super slow way, the same way it does everything else, except VA employees paychecks which are on time, right every 2 weeks no matter what. You cant fix ebenfits, its too unrelaible, and dont even think of trying to second guess ebenefits. Buying a lottery ticket is more reliable. What you can do is to worry about your claim every saturday, between 4 and 5 pm, and not at other times. If you need to reschedule your "worry hour", then make an appointment to reschedule it at least a week in advance. Then, dont worry at other times, save it all for your worry hour. You make that appointment with yourself. To tune up your VA claim: 1. Order your cfile and make sure it has all your information and that its correct. 2. Make sure both parts of VA has your current address: VBA and VHA. 3. Re read all your decisions and make sure you are not missing any deadlines, or other information such as dependents. Fix those if you are. 4. Order a "fidget spinner" and spin it on your finger instead of worrying or fretting.
  5. I agree with Buck. It sounds like he is likely eligible for SMC S, to me.
  6. You need to contact Alex Graham, and/or read "Ask NOD". He is a frequent contributor here, and the absolute expert on HEP C claims. I understand he has gotten his license and now represents Vets. His depth of knowledge on Hep C is intense, and the best of the best. He has read pretty much every single case of HEP c in the CAVC and mostly the BVA. So, he knows what works and what does not. Here is his column, that he writes for "hep c" Vets: https://asknod.org/
  7. Werdich1 Welcome to hadit. When you ask a question, please click "start a new topic", rather than "reply" to someone elses post. We call that "hijacking" a post. You see, another Vet asks a question and a discussion of his question follows. When you ask a new question, in that thread, then no one knows which person you are responding to and everyone is confused. To prevent this, we ask that you ask your questions by "starting a new topic". I answered your question because I saw that you are new and unfamiliar with hadit policies. Its ok, just in the future just "start new topic". If you ask your question again, by starting a new topic, you will likely get more answers, and often better answers. Thank you for your participation at hadit. More importantly, thank you for your service.
  8. There are "at least" 3 ways to get SMC's. 1. In the case of SMC "S" there are 2: First, is housebound "in fact". This usually requires a c and p exam where the doctor says you are "substantially" limited to your home. It does not mean you can not leave the home at all, it means you can not leave the home "for work". See this article: https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ 2. Statuatory housebound. This is the proverbial 100 percent plus an additional 60 percent from seperate and distinct disabities. SMC S. 3. Smc's can come from "loss of use" of particular appendages, such as arms or legs. If you have "loss of use" of your arms/legs, then you are eligible for SMC over and above your 100 percent. This may help explaining SMC: https://asknod.org/2015/02/19/smc-kevin-asks-the-big-question/ UPDATE FOR CLARITY: You can get SMC from any of the three above, you dont have to have all 3!! JUST ONE!!
  9. Here is the deal: You either have, or can get documentation, or you wont be compensated. You will need the following to be documented: 1. Current diagnosis of PTSD. I do not know if a doc says you have ptsd or not, its not enough for you to say you have it. 2. In service event or stressor. I have no idea how you can document this, if its not in your records. But I do know you do need documentation. Will your chaplain verify? Your discharge on personality disorder is a problem, but that can be overcame with a current ptsd diagnosis. 3. Nexus, or medical link between your current PTSD (assuming you have a dx of it), and your in service event. You need to have a doc say something close to: "The Veterans PTSD is at least as likely as not due to the trauma he experienced in service when he was attacked by another soldier with a knife." You should order a copy of your SMR's and cfile and see, for yourself, if this is documented. All the above being said, if you are indeed a "combat Vet", the documentation of a stressor is relaxed. They assume you will be stressed when someone shoots at you, or even if you are in a battle field where they might shoot at you.
  10. I agree with powerslim. Ask for both TDIU AND hep c secondary to ptsd, and let the VA do their job and award you the one THEY think you are most qualifed for.
  11. Yes. Pick a time to worry about everything, probably between 8am and 9am on Saturday mornings. Include worrying about your finances, your future, heck, worry about your pet if you like..but only worry during that one hour period. By doing your worrying all during this period, it will free up the other 167 hours per week to do stuff more productive than worrying. And EVERYTHING is more productive than worrying, well just about, at least. If you forget to worry one week, then try to cram 2 weeks worth of worrying next weeks "worry hour". Make a list if you have to remember everything to worry about. You need to make an "excuse list" for worrying during that hour, such as: 1. Well, I have to worry..my parents did. 2. I wouldn't be a good parent if I did not worry. (Not true, of course. You can teach your kids not to worry and have faith in God, instead, too.) 3. What am I gonna do if I dont worry? Here are a few things you can do to occupy your time instead of worrying: a. Call a friend you forgot to call. b. Call an enemy and give/ask forgiveness, making amends. c. Go fishing. d. Entertain your grand kids..make em something.. e. Tell a joke. f. Watch an uplifting movie. g. Pray. h. Be thankful. i. Answer another Vets questions and help him. j. Help someone else. k. Love deeper..do something nice for your spouse..something she would like.l, n. Read a good book. o. Figure out how to make yourself better in some small way. p. Exercise q. If your parents are alive, figure out something to do to honor them. r. If you cant think of any way to honor your parents, then appreciate them. u. Clean your house or garage. v. Make your yard look nice. w. Visit the library x Visit the zoo. y. Spend time with your pet. z. If I forgot anything, build a better list and then do it.
  12. A c and p exam will not be ordered in these 2 instances: 1. You have sufficient evidence in your file to award. That is, a c and p exam is unnecessary. 2. You lack one or more key components, which a c and p can not fix. For example, a. You dont have the requitisite service/discharge. b. You lack a key element of the caluza triangle which "may" not be fixed by a c and p exam. Example: You dont have a diagnosis, or you dont have an "in service event". Either of these are deal killers. Your c and p examiner wont fabricate an inservice event for you, so he can not provide a nexus to a "non existant" in service event. You also may lack eligiblity for some other reasons I can not think of right now.
  13. Correct. As it explains in 3.156 b and c, the Va should reopen the claim if you submitted new and material evidence. You dont need a cue, and you need not meet the cue standard of review. If VA has "not" reopened the claim, when you submitted new evidence, then request that it be reopened in writing. The VA "can" decline to reopen, and issue a decision that the evidence you submitted is not "new" or "material". If they do that, then they should issue a decision which you can appeal. Often, what happens is they delay. Sometimes for decades. Its very tough to file a nod when va never issues a decision, which is what they did to me. Sometimes it may take a writ of mandamus to correct this error.
  14. If its any consolation, I could not do it either. That is, even tho I raised 3 awesome kids, my mental health is not good enough for me to raise any more for me to do that now. When my grandkids come, I make sure my wife is there, or the kids mom and dad to help me. Oh, sure I can watch them for a few hours, but its far different to watch kids a couple hours than to have full responsibility for them 24/7. I can not handle that much stress, and kids are stressfull. They want/need your constant attention. Its not ususual that you can do something for an hour, but not full time 40 or more hours a week. As an example, most of us have had to wait in an airport for an hour. I read of one person who was stuck in an airport permanently. I forget the reason now, but it may have to do with immigration issues. They had to stay at the airport for months, night and day. I would begin to go crazy in about 2 hours or less.
  15. You have been given good advice. Apply for both asap.