VanillaXtract

I was just awarded 100% last year, so I don’t think so. It may be due to the way my IME worded his letter. He said due to my worsening spine issues, they should award me A&A. But the point was I should have had A&A originally. The way the VA is awarding my disabilities, they are coming through piece meal so it seems harder for them to keep it straight, if they are even trying to do that.

I am glad you responded. I saw you post this not too long ago and I couldn’t find it again. How do I withdraw, just call the hotline and tell them to withdraw it?

Thank you. Got a text today. They scheduled me for an increase for lumbar, cervical, and peripheral. I think it must be related to my request for A&A. Of course, it gives me some anxiety worrying that they will try to downgrade me. Also, I agree but the denial and HLR were from before PACT. Now it is stuck in limbo and I can't file anything on it without it being automatically kicked back out.

I was previously rated 100% P&T for the following: Lumbosacral 40% Left femoral 20% Left sciatic 20% Right femoral 20% Right sciatic 20% Cervical 30% Right upper radiculopathy 40% Left upper radiculopathy 30% Tinnitus 10% Painful scar secondary to UPPP 10% Headaches secondary to UPPP denied but found DTA error in HLR Sinusitis secondary to UPPP denied but found DTA error in HLR GERD secondary to UPPP denied but found DTA error in HLR Bowel leakage secondary to back denied (this was before I was rated on my back) Constipation secondary to back denied (this was before I was rated on my back) Urinary frequency secondary to back denied (this was before I was rated on my back) Today I checked the VA website and saw I got awarded: 70% PTSD with major depressive, single, severe, and alcohol use disorder, severe 50% UPP with nasal regurgitation I hope that this gives me enough ammo to show I need A&A. I already struggle with getting ready in the morning and taking care of myself. Now that I am rated for PTSD and my mental issues, that should be enough I would hope. Currently my monthly allotment still shows no change. Fingers crossed that it just hasn’t been updated yet.

I have been so appreciative of this site so far. It has given me more information than any other place on the internet in the past few years. I am currently 100% P&T. However, talking with some friends, they said I should be eligible for SMC. From what I read on here, I am not. Here is a list of my current ratings: Lumbosacral 40% Left femoral 20% Left sciatic 20% Right femoral 20% Right sciatic 20% Cervical 30% Right upper radiculopathy 40% Left upper radiculopathy 30% Tinnitus 10% PTSD deferred UPPP with nasal regurgitation deferred (currently 0%) Painful scar secondary to UPPP 10% Headaches secondary to UPPP denied but found DTA error in HLR Sinusitis secondary to UPPP denied but found DTA error in HLR GERD secondary to UPPP denied but found DTA error in HLR Bowel leakage secondary to back denied (this was before I was rated on my back) Constipation secondary to back denied (this was before I was rated on my back) Urinary frequency secondary to back denied (this was before I was rated on my back) Now since it takes most of my rated disabilities to get 100%. I believe if I appeal my bowel and urinary issues, that they would get awarded. Is it worth it? Am I eligible? My issues are that I have trouble getting out of bed, getting dressed, preparing meals (knife work, heavy pans, etc.) Also my DTA errors were awarded back in 03/2022. But no new claims or decisions have been made. Any advice on that would be appreciated.

Thank you all for your advice. I think I am missing some vital info in my original post, which I will attach redacted award letters. I recently received an award for my back and neck. However, they only go back to 2021 when I filed the supplemental claim. I am looking for advice on filing a NOD and see if I can get the effective date to go back to 2017.

I missed the one in 2008. In 2017 I filed and only got denied. I never had an opportunity to get another exam.

I have received a rating decision that granted me disability for my back and neck. I made the claim 08/10/2021. Back in 2008, I filed the same claim but as I was fresh out of the Navy I was not able to take off work to attend the appointment, so my claim was denied. Fair enough, I get that. However, in 2017 I put in a supplemental claim as my issues were getting worse. The claim was denied because: "The claim for service connection for back pain is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. A review of the evidence shows you were previously denied for back pain by Rating Decision dated May 29, 2008. You were previously denied because we were notified that you failed to report for an examination scheduled in support of your claim. The evidence did not show a current diagnosed disability. You were notified of this decision on May 30, 2008. We have been informed that you have missed the VA examination scheduled in support of your claim. There is no information presently indicating good cause for absence on the scheduled appointment date. As a result, medical evidence that could have been used to support your claim was not available to us. Please notify us when you are ready to report for an examination." At the time, there did not seem to be a way to notify them other than filing claims that I was ready for an exam. So I made the 2017 supplemental claim and subsequently received a denial letter with no recourse. Does this seem valid for a NOD on my effective date back to 2017? If so, do I write a supporting statement and are there certain things I need to be sure to include? redact 2017.pdf redact 2022.pdf

Thank you all for the help. It turns out my claim isn't closed yet as I have a deferred for PTSD and a throat injury still being worked. Once it is closed I will file the NOD. I wish I had found this website a long time ago. I already have received so much help with this question and reading through other posts. I'm going to show my support and sign up for a membership. Thank you again.

Correct. My main issue was that they did not allow me to apply in 2017. They opened the file, saw I missed an appointment, and then closed it without allowing me any action. My new award is less than a year old, so I will dispute the effective date.

I believe I may be eligible for a CUE based on the decision maker overlooked material facts of record or the decision maker failed to follow a procedural directive that involved a substantive rule (a rule that regulates a right). I originally applied for benefits in 2008. However, fresh out of the Navy and into a new job, I did not have time off I could take. So I missed my appointment. I tried to call and reschedule but could not find the information to do that. The claim was denied and closed. In 2017 I tried again as my pain was getting worse and starting to affect me on a daily basis. They stated I missed my appointment in 2008, so they did not reschedule me and my claim was denied. Fast forward to 2021. I filed again, this time I hired Dr. Bash to help since I was not able to get anywhere on my own and my VSO was not returning my calls or helping me. I was finally awarded 100%. Is it possible to use this as a basis for a CUE because I should have been able to attend C&P exams back in 2017 to show my injuries? In my record, it shows I complained of back and neck pain as well as a severe car accident (one of the nexus events). EDIT: I do not see a way to attach files to the post.