broncovet

Congratulations! Enjoy

Make no mistake. Money talks. R1 is big money. Hire a professional such as CCK law if you want R1. You may well need medical opinions. Oh, you can represent yourself, sure. And, you can dig through the criteria and see how your's lines up. But do you know where to get a favorable medical opinion on R1? I promise VA knows where/how to get an unfavorable opinion, they probably already did that. (But IDK as I have not read your file). Rookie raters with 2 weeks of rating experience pretty much are "not allowed" to grant R1, regardless of what VA tells you. This would wave a red flag for fraud about YOU, and the rater. When experienced judges make that decision, it will stick. Think about it. You just began with VA, and you are excited about your first cases. You come across a file seeking R1 or R2, which means thousands and thousands of dollars every month, with big retro, probably into 6 figures or more. Do you think your boss wants you to sign a document that gives a Veteran this kind of money? Think again. Yea, they will let you do zero percent hearing loss. Maybe tinnitus. But your boss knows HIS bosses will wonder why he allowed a 250,000 retro on the first get go. If you mopped the floors at McDonalds, do you think the owner or managers will have you decide where to spend $250,000? Yea, they may not care if you give a customer a drink who spilled there's slipping on the floor,, that cost them 10 cents or less.

Other than contacting your VSO with VBMS access, or waiting, I dont have anything else. Let us know what happens.

I went to the VA dentist about 3 weeks ago. It did not go well. The dental surgeon, who was a rookie, extracted a tooth and had to drill out the root. It was a long painful extaction. My wife, a retired RN, took one look at my mouth last Friday and told me to go to ER right away. She said it was infected and a family member died when a tooth got infected and the infection went to the brain. So, I went back to the VA on Friday. This time, the VA denstist "sent me to the community" for care. I hurried up everything as fast as possible pushed by my spouse. So, I got in on Monday. Its a good thing, too. The community endodontist, saw me very fast, and fixed the problem, I needed a root canal. The difference between private care and vA was enormous. In about 30 minutes, my mouth was fixed and Im now healing up.

If you want specifics answers, you have to give specific details. Its quite understandable if you do not want to provide the details, so I will talk about it generally. As with other claims, you need the CAluza elements of Current diagnosis of basal cell carcinoma, an in service event you allege caused the disorder and a nexus or doctors opinion that your cancer is at least as likely as not due to an event in service. And, now for presumptives, since cancers can be due to exposure of one or more toxins in miitary service. It depends on when and where you served. Here are a few of them related to burn pit exposure: https://www.va.gov/resources/presumptive-cancers-related-to-burn-pit-exposure/ You obviously know more about your conditions than I do, so you know if yours is on this list. I did notice there is a basal cell carcinoma on the presumptive list. This should make it much easier for you! The Pact act may also help: https://www.va.gov/resources/the-pact-act-and-your-va-benefits/ You can apply online or by mail: https://www.choose.va.gov/health?utm_source=google&utm_medium=paid_search&utm_campaign=ar_pact_oy4&utm_content=hc As always, you are gonna need medical documentation of your diagnosis, symptoms, treatment, etc. YOU do not have to have a diagnosis "in service". You need instead a current diagnosis

Ok. The sooner you appeal, the sooner it likely will come back. It often takes months and months to get a copy of your cfile, so the sooner you ask for that, too, the better. "If" you have a VSO (with VBMS access) or attorney, you can ask them, they may be willing to give you a cd rom of your cfile. check to see if you have all Caluza elements, you will need to get those, too. This sometimes requires buddy letters, and/or an independent medical opinion.

It would take a full review of your file to know if there were CUE error(s). Generally, CUE is for Veterans who "did not" appeal within the required 1 year appeal period. It sounds like you did appeal, and your claim has been "continiously prosecuted". That is, your appeal is pending, but Im not so sure about that, again, as I have not reviewed your file. I dont recommend people "make" the "standard of review" more onerous, that is, file Cue if you are within the appeal period and can generally file an appeal. The standard of review "is much higher" for you to meet with CUE, than with a "regular" appeal. That is, it makes it more difficult for yourself. My recommendation is you appeal the denial of your HLR to the BVA. Yes, I know. No one wants to go to the BVA as it takes several years. I dont like it either. Not going to the BVA, reminds me of a story, years ago. I was working for a company which sold janitorial supplies to companies, when a customer called in asking to speak for his representative. It just so happened the company rep who makes the wax we sell was there to help train me. So, when the cutomer called about the wax problem, we were sent together. The customer immeditately attacked us, saying the wax was "no good" and he demanded action. The rep quietly asked, "How did you apply the wax? Did you read the directions?" "Oh heck no..I dont have time for that. I just poured it on with a mop, and THIS (pointing to a rather ugly floor) is what happened!!! I understand. The directions point out you must remove all the old wax, and grease, before applying new wax. Did you do that? "Who has time for that?" WAS THE RESPONSE. Then he said something I wont soon forget I dont care what brand of wax, or paint, if you put it over old, greasy walls or floors, without paint or wax prep, you are not gonna get a good result. The customer "did the job over", right that time, by first carefully stripping off the old wax and grease, then applying the wax, buffing, more wax, buff again, to get a great looking floor. Short cutting the BVA rarely works well. If you dig deeply in the BVA chairmans report, you will see that about 80 percent of Veterans claims which reach the BVA, are either awarded or remanded. (Depending on the representative, a statistic, I dont think VA keeps anymore). https://www.bva.va.gov/Chairman_Annual_Rpts.asp Yes, some people get benefits with a HLR, but most of us eventually get benefits awarded at the BVA level. I did with mine..all of them. Some people who just waxed their floors 2 months ago, get away without stripping them down also, but grungy dirty, with old wax have to be stripped first. My advice is to appeal to the BVA, if you are in the appeal period. Now, on to CUE question. Mostly, a C and P exam you disagree with. is not CUE. The only real way to refute a bad exam is with another exam by a competent examiner. Neither your opinion, nor my opinion, nor the opinion of Joe Biden "trumps" that of a medical examiner. YOu have to have MEDICAL evidence to win claims. And neither your opinion, nor my opinion is medical evidence, that is, unless you are a competent qualified medical professional. (aka doctor).. Of course, I am sure you are not pleased to hear this. But, until you get competent medical evidence, probably before the BVA, you are unlikely to win your claim. Medical evidence wins claims, while most other stuff rarely does.

It may help if you keep a "log". For example: Sept. 9/2024 8:02. Woke up mother. Helped her down stairs to breakfast to prevent another fall, like the one on 9/02/2024 (proviide details of that fall). 8:15. Cooked and served her breakfast, afteer helping her get dressed and explaining what day today is. (Now include times and dates of when you assisterd her, and what you did). It was a weekday so I went to work, and left her in the care of my spouse, (Sue Smith, give her name). She seems to like it when Sue cares for her better than me, except that Sue has more trouble lifting her on or off the bathroom....... etc, etc. etc. Use your own example, dont use mine. Document times you gave her medications, even over the counter, and what those meds are for. Example: 10:30 AM. Moring meds. Aspirin (ASA) 2 tablets (140 mg) for arthritis and joint pain. Also blood thinner recommend by Dr. Severson. Tylenol, 1 325 mg also for arthritis pain Dpocument even if she takes them on her own, but you put them in pill boxes each day so she remembers. Do that for a week or even a month and provide that to your doctor to be put in her medical record...

Aid and attendance is also payable for dependents: Source: https://www.va.gov/disability/survivor-dic-rates/ If YOU think she deserves A and A, then the ONLY chance you have of getting it is to apply. No application = no award of benefits. Yes, you may need to get an IMO (independent medical opinion) to get it. Its possible that could even be paid by her medicare/ medicare advantage if she (or you) ask. (A medicare exam helped me win my benefits. No I did not ask the medicare examiner, because I did not know about that, I just asked for a copy and submitted it to VA, later). On this forum many of us have been through this, and its always the same. The only way to get benefits is to apply. Thinking about it never works, until/unless you actually apply. I wasted a lot of time considering whether or not I should apply when I could have easily gotten benefits years earlier. Some day I may figure out just how much that procrastination cost me. Im sure its tens or thousands of dollars. More likely it could even be six figures. Its actually easier for dependents than for Veterans. Why? Well, for ME to get a and a, I have to prove I need help with daily needs BECAUSE OF A SERVICE CONNECTED CONDTION. Your mother wont have to prove any service connection, its just not necessary. She need only documentation she needs assistance, not that it was due to her military service, which she apparently does not have.

I posted the criteria for Aid and Attendance above. Yes, the form applying for Aid and attendance is basically also a c and p exam form, where the Va would provide a c and p exam to determine whether or not she needs A and A. I have no idea. YOU indicated "you are helping her as much as possible". IDK whether the help you provide is "assistance with daily living" like bathing feeding, cooking, etc, etc. etc as it suggests in the criteria or not. You probably know that more than I do. If you think she meets the criteria apply. If you think she could live on her own without your assistance, then she probably does not qualify.

The solutions to VA's delays are as follows: PAY VA EMPLOYEES AND CONGRESS immediately after all Veterans have received their just compensation. When Vets dont get their compensation, Congress people's pay should be held up the same amount of time or longer.

Incidently, the VA wont acknowledge one of my JMR's either. They forgot about those. I wonder how long it would take for VA employees to fix an error with other VA employees. (I already know..they are always fixed before the following payday, which is either 2 weeks or a month) The delays, errors in Vetereans compensation, however, are fixed, hopefully, before the next geologic time period, which are measured in millions of years.

VA's motto: "If there is no glitch, we will create TWO of them". "Delay, deny, or lowball till the day YOU die".

Whoa, Hoss!! It costs exactly $0.00 (zero) to apply for VA benefits!! You dont have to have money to apply for either Champva or aid and attendance or other VA benefits. If somone is charging you money to apply, they are almost certainly ripping you off. Indeed, if you dont have 55 cents for postage, you can apply electronically, or get a VSO who will pay for the postage! As explained above, no excueses apply now. If you wait until the end of this month, it will cost you another months retro. For aid and attendance that means it will cost you around $700 or so, that is, you will get $700 less retro for waiing. The envelope has to be received by the end of this month, not mailed!!! Dont delay and throw away $700. Especially, take note of this: In other words a family member can provide aid and attendance and still get paid for it.

Dont "think" about these things, apply for them. The later you apply the later your effective date. There is no downside to applying now vs waiting. However, there is plenty of downside to waiting. It is a no brainer, apply sooner rather than later, for both champva and aid and attendance. That's just my advice, unless you have more than enough money. Then you dont need to apply at all if you are a billionaire.