jeff

Thats pretty funny Larry, even though its about true. I didnt even look at your prior post there. The legion he said he got rid of as his POA. As far as the lawyers he said work off some grant and do not take from the Vet when the case is resolved. I saw in the CAVC where some of the claims for service connection were denied and and I believe they said final, does that make a difference or what can be done? I am just overwhelmed with this and I want to help what ever it takes.

I saw that it was the American Legion, but I will have to ask him that too.

Thanks alot, he is due to come over and pick up some stuff I researched for him. I will highlight these areas and ask him about them and go from there. My other question is though, if this case comes to a conclusion can he then just start over. I know just the thought may keep him back, but if he has all the right tools and info then he may have a more favorable decison. I dont know if you can even do that, just begin the process over? He did have lawyers working on this but feels they are inadequate.

Forgot it was a joint remand from the CAVC.

It was a joint remand for a couple of things, and he stated to me he has 2 C&P exams later this month. I will have to ask him if I can put his name on here so you can look at his case. To me it just appears that alot of information to this case was never submitted from the get go. Whether it was not put in the files by him or the VSO originally I do not know. I do know that he never uses a computer so he seems to be lost, hopefully I can help him. My problem is, is that I am 1 of the fortunate people or rare, that have never had to appeal my case, so this all new. Thanks

I have a friend who is a Viet Nam vet, his case was remanded back from CAVC to somewhere, BVA/ RO whatever. I need to know if he should just start all over and file new claims for what he is seeking or see what happens with the remanded claims? Some of his claims were were denied at the CAVC and say final, I have no idea what that means. Can he reopen those that were denied at the CAVC if he submits new evidence or can he just refile new claims for those cases too? Thanks

I posted on here about an A&A claim a week or so ago, and Berta responded with some great info. Thanks. So anyways after reading what I could, I have come to the conclusion that if I were to submit the claim as is, more than likely it will get denied. Im rated at SMC M+1K, for Multiple Sclerosis. I have loss of use of both lower extremities and right arm. My question is, should I just submit the current claim for A&A at the R1 level? Or cancel that and submit a new claim for my left arm which is considerably weaker since last eval? Just a tad confused at this point, as to how the A&A at R1 level gets determined. If I submit the claim for left arm, does A&A become automatic? Or do I have to ask for the A&A at the evaluation? Thanks

Berta; Thanks, any idea what I should be typing in on the BVA site to pull up, all I get is afew cases that are for date adjustments that were already decided"? I was under the impression that after my last decision was made and a increase in SMC was granted for LOU of 3 extremities, that under the general guide lines I could ask for A&A. That is obviously not so from what I have read here. I will continue to make searches on BVA cases on my own and see what you say.

Thanks; Could you explain the O rating, because Im at the M + 1k but in need of wife to assist me with all my daily ativities including administering daily injections of meds and without assistance I am not able to put on my AFO brace. I am still going to submit this A&A response, but from what I am trying to interpret, is that my claim will more than likely get denied? Should have I asked for the A&A before this new SMC level increase? I give credit to the examiner at last C&P exam, because he said I had other things going on and rated me for the loss of both feet instead of the 1 foot I asked for. However should have he not considered me for A&A then? Or was I suppose to ask for the A&A instead of just an increase due to LOU of 1 foot? So now I have LOU of 2 feet and 1 hand and only partial use of my left hand, bowel and incontinence rated at 40%. What is needed to get to the level to be considered for R1?

Briefly here is my case: I am SC'd for multiple sclerosis and chronic deep vein thrombosis. Just recieved in December 2008 an increase in SMC, to the M level, for loss of use of 3 extremities. Once that decision was made I decided to ask for Aid and Attendance. Now all I did was send a short letter to the RO, that I was requesting A&A. Of course I did this not knowing that there are actually 3 levels of A&A. So here are my questions for this very confusing and complicated process. Should have I asked for A&A at the level of R1, which I am seeking? Or will the VA know that I am asking for the R1 level, because I am already rated higher than the regular A&A at the Level? I am rated 100% for loss of use of both lower extremities, 70 percent for loss of use of right hand, 60 percent for deep vein thrombosis, and who knows what else. Im pretty sure I fit the criteria for A&A at the R1 level, but who knows? I read so many thoughts on this process that I am dizzy. Should have I asked for A&A before last decision, instead of increase to SMC M? I need the A&A because my wife needs to assist me with my daily activities, such as bathing, eating, adjusting my right leg AFO brace, dressing me, INJECTING MY MEDICATION ,ect. So should I fill this VCAA letter fully even though all medical documentation is at the VA? Or just say expedite asap"? Also on the Medical Statement, my PCP is the VA, so should I have her fill it out or will the C&P examiner fill it out if an exam is required? Sorry I guess this wasnt brief, but I have never had the undesirable chance for a claim being denied. I just want to make sure I have all my ducks in place before I send this back. Thanks