Vync

@Remisdad Sometimes arrogance is a factor of quality as long as they can reasonably deliver quality work. I had some VSOs like yours in the past. My first one filed a bunch of claims using a single sentence, but it took me five years of appeals with the BVA to get some of the issues SC. The only time I ever had a VSO use profanity was when I had a local DAV lady read the denial letter I received. She said it was BS. That was not long after I joined hadit and began to learn to handle my own claims, too. I would just draft up the claim and let her review it. She eventually retired and the replacement was more green than broccoli. When I had a home phone, I would fax my own claims to the VA. Now I submit them online and simultaneously send them by mail return receipt. I do all of my family's CHAMPVA submissions on my own.

One of my dependents is diabetic. Does anyone know if CHAMPVA will cover and/or reimburse for out of pocket diabetic supplies? For example, glucometer, test strips, lances, alcohol pads, etc... I tried looking on the CHAMPVA site and must have missed it. I'll call them at some point later in the week, too... Thanks!

@broncovet That is definitely true. If the VA had not rushed in many of my claims, they would have been half as thorough as I was and found the obvious evidence to grant SC. @Remisdad My current VSO rep advised me to stop filing claims. About 10 years ago, a different VSO rep from the same organization told me if all vets were as thorough as I was, he would be out of a job....

@broncovet Was that the Hodge v. West decision from 1998? I wish it applied to non-TDIU claims where new disabilities were diagnosed during the C&P exam, but never adjudicated by the VA. Of course, the VA never proactively notifies the vet of the newly diagnosed disabilities. The only way the vet would learn of them would be to formally request the C&P results or their claims file. By then, years may have passed so the vet is out of luck to get retro back to the date of diagnosis.

@Remisdad Would you be willing to answer a few questions involving your BVA appeal? This information would be helpful to myself and others who are stuck in limbo waiting on the BVA to make a decision. 1. When was your appeal submitted to the BVA? 2. Was it a legacy appeal or an AMA appeal? 3. If you opted for a hearing, how long did it take to get it? By the way, congratulations on your win!

Sorry for the delay in responding, but no change - still waiting to be assigned. My VSO initially said it would take about six months after the hearing, but that was about 8 months ago. I did get a letter in the mail last month which pretty much said they are swamped and would get to me eventually. @broncovet Both times I have been before the BVA, I was given no information as to the identity of which BVA employee might attend. I simply found out when I attended each meeting. Back in the late 1990s, it was the same thing. I met the BVA dude when I walked in the office. That was a much better situation because it was interactive. He asked specific questions and I answered him. I also had a chance to ask him questions and received fruitful feedback on the spot. He was not impressed when he learned the denial was because the VARO made their decision based on an empty c-file. The video hearing last year was just one sided after they asked me to briefly explain why I disagreed with the denial. I was not allowed to ask any questions or get any realtime feedback because the decision would be made by someone else eventually. It seems like the BVA structured their process like this to simply be able to report to management and lawmakers that they completed X number of hearings very quickly. However, what matters more is getting a correct assessment of the evidence and a decision.

You can now download your VA decision letters from va.gov, but there's more to know before getting too excited about it: I followed the instructions in the video and was able to download my decision letters, even some which went back to the mid-1990s. Here are some important things to consider (based on my personal observations and opinions): I recommend disregarding the narrator's advice to no longer need to keep a paper copy of the records. You should always keeping a copy of anything related to a VA claim. The VA did not make it easy to download the decision letters. You must go into any close claim and click a link to take you to the download page. A list of up to 10 decision letters per page will be displayed. Yes, you must click each link individually to download just one decision letter. The VA could have placed the download link in a more convenient location and also provided an option to download all decision letters at once either as a single PDF file or a zip file containing multiple PDF files. The download links contain more than just letters related to claims. I found non-claim related documents such as annual increase letters, direct deposit changes, retroactive payment details, dependency awards, "we are currently working on your claim blah, blah, blah...", Some decision letters are duplicate copies or other decision letters . Some decision letters did not include your appellate rights documents. Some included the name of the form under "enclosures". Some actually did include the appellate rights documents. The decision letters are incomplete. Most of mine only contained the quick overview page. Most did not include the actual rating decision, evidence, and reasons for decision pages. I can imagine calling Peggy 1-800-827-1000 and trying to talk with the agent for them only to find that most of what you need to know is not in the download. Given the circumstances, if you want a copy of the decision letter which is due to arrive in the mail very soon, get a POA with a VA-certified VSO and ask them to download and print the decision letter. Keep in mind that not all VSO's will do that... I guess this is a step in the right direction, but the VA still has a lot of improvements to make. I guess something is better than nothing.

@asdf Looks like he said "I am 100% disabled SC would it have any benefit to file and update my rating of 0", however it is not clear if his rating of 0 is SC or NSC...

@Whodat In related news, the Supreme Court is taking a look at an appeal which involves the troublesome Chevron deference ruling: https://www.cnn.com/2023/05/01/politics/supreme-court-chevron-deference-conservatives-power-of-agencies/index.html Imagine if unelected government officials had to follow the laws as written instead of being able to make their own policies which carry the weight of law. A lot of the red tape regs in the VA could be impacted, including at the BVA level...

@Whodat I agree. Before COVID hit, I recall being told by a couple of individuals at the VBA that all paper records have been scanned in to make searching much faster. However, unlike many private sector companies, the VA failed to have a contingency plan in place to facilitate telework, so they had to catch up. The VA is supposed to be hiring thousands of new employees and training existing employees to speed up PACT Act claims. I had my VA primary care checkup last week and the doc asked if I was ever exposed to any potentially toxic substances, so the screening is beginning. That probably will have no effect for me because I am already 100% P&T. While in the Army, I remember the supply SGT bringing me three staplers and a bunch of other office supplies I did not need. I asked why. They said that they cannot order more if they were still in the supply cabinets. If they end up ordering less then their budget would be cut. They had to have a plan to keep requesting higher budgets each year. What is happening at the VA is similar when you look at the increased budget levels year after year. Every few years there has to be some new priority to be placed ahead of existing priorities which simultaneously helping to justify an increase in budgets.

@Infantry 1Sgt I hope I am lucky enough to get my BVA appeal handled by the same judges who reviewed yours. Crossing my fingers that you get a good outcome from the remand.

@Whodat My video hearing was in December 2022 for an error made in 2000. My VSO said I should get a decision in about six months. However, I knew that likely won't happen due to legacy claim and other priority groups. It would be great to get a proper decision based on the laws in effect at the time my initial decision was made, but I realize the legacy, over 75, terminal, and hardship cases should indeed come before me. Hurry up and wait...

If you have a POA with a VSO, you could ask them to look it up and see if they can provide you with a more accurate idea of what is going on. They should be able to provide you with a copy of the decision letter if it is ready.

Not sure if it would apply to you because you were a civilian, but here is an information sheet from the VA. Good luck though! https://www.va.gov/resources/the-pact-act-and-your-va-benefits/#:~:text=The PACT Act is a,by exposure to these substances.

Is that from the time you initially filed a claim or from when you appealed to the BVA? My VSO estimated it would take six months after the BVA hearing I had in December 2022. I honestly believe a decision in my appeal will be ready in 2024 or 2025...

@USMCNASA Congratulations on your win! Reaching 50% is great. You can get VA medical for non-SC issues, plus no more co-pays. Just be sure to contact the VA business office and ask that they do a review to see if you are due any co-pay reimbursement!

Don't forget about VAOPGCPREC 12-95. Per Bell v. Derwinski, 2 Vet. App. 611 (1992) requires “…medical records which are in VA's possession at the time VA adjudicators render a decision on a claim will be considered in the record at the time of the decision, regardless of whether the medical records were actually before the adjudicator at the time of the decision.” Additionally, “The General Counsel found that if the outcome of the case is altered by the records, a later claim may result in a finding of clear and unmistakable error.” Please note that any document authored by the VA is considered to be in the record, even if it was not before the adjudicator when they made the decision. That's one of the reasons why I don't always buy the evidence list in the decision record. It might say they reviewed this, that, or all evidence of record, but you have to look at the evidence and the decision to determine if they really did review it and whether or not they got it right. Please note that I quoted sections from that OGC precedent letter. To get the full picture, just look it up and check M21-1 to see how the VA interprets and should apply it.

You have to look at the rating criteria. I quoted just the rating percentage section for the spine, but there are several additional notes which contain additional details. https://www.law.cornell.edu/cfr/text/38/4.71a I am going to assume that on each range, the first number is where pain began and the second is max ROM. I am not sure if they are still required to rate on where pain begins, but let's assume they are.- Added together, the combined cervical range with pain is 220 (the left numbers). Based on what you posted, it looks like it might qualify for 10%. However, check the text I italicized under 20% because that has to do with abnormal curvatures of the spine. That might be documented or checked off elsewhere in your exam. Of course, you would need to get SC status for your neck. Don't overlook reasonably common issues secondary to cervical disabilities like headaches, nerve issues, depression from the pain, plus side effects of medications used to treat your SC disabilities. I hope this helps you out. Others will likely advise, too...

@blahsaysme2u I'm in the same boat to some degree. Appealed two issues to the BVA, but at the time of the hearing I learned that only one was "certified". I was never notified that the other claim will be placed on the back burner indefinitely... Once one is finished, I'll explore the other...

If your disabilities preclude your ability to find and maintain gainful employment, why not? Because you are over 55 and with those ratings, it might be worth a shot. I am in my 50s and have a single 60% heart rating as part of being P&T, but still work because it is sedentary in nature (programmer), but I try to stay active as best as possible because I have small children. My parents are around your age. My father has since retired because his military disabilities preclude his ability to actually remember how to get to work reliably. However, my mother still works like a trooper despite having two open heart surgeries plus a few spine surgeries. The ability to continue to work in your 70s is based on your skill set and your ability or desire to work. If you get granted TDIU, look into the VR&E's Independent Living Program to help you further. Good luck!

@Whodat Thanks, but the whole concept of "lumbar strain" which is typically documented in service treatment records is pretty sloppy. Back in the 90s, the diagnosis was to the effect of, "The service member is complaining about their back, but we don't care enough to really diagnose the issue or doing anything more than a quick exam or an x-ray".

Yes. Remember the old song, "The back bone is connected to the neck bone..." It is similar to that. It's all connected. If you had an injury to your lower back, the neck can sometimes suffer too. Sometimes the residuals of the neck might not be known until much later. Lumbar back issues can alter your gait (how you walk) and also cause you to compensate in other ways which place unnatural strain on the other parts like your neck, knees, hips, etc... If you walk with a cane, you likely tend to lean towards one side. Best bet is to submit an "intent to file" (ITF) to preserve your effective date. I don't think the ITF has to contain any info about what you plan to file. You then have a year to officially submit your claim. During that time you can work on your evidence and maybe even get a medical opinion/nexus to help your claim.

@blahsaysme2u I have no idea, but I think it was probably something from India, China, Japan, etc.. that is a lot older than I am. I think the term is odd because it is also a kind of printer. I don't think those kind of docs are legal here in the US, unless you are in Nevada...

@john999 We are our own best advocates. Might as well share the knowledge so that it might help another vet receive a just decision.

@john999 Yeah, for something that big a lawyer would be beneficial. I have had mixed durations. I had one that took a month, another that took three months, one that took about one year, and the last is still active after about three years. I guess it comes down to the situation, the knowledge of the person making the decisions, and the traditional red tape that comes with it.