Jump to content

Berta

HadIt.com Elder
  • Content Count

    28,168
  • Donations

    $0.00 
  • Joined

  • Last visited

  • Days Won

    371

Everything posted by Berta

  1. I wondered that too- I started my blog on Blue Water Navy Veterans and Agent Orange but need to get the Long/Lat maps, etc, on the same page with the HR299 stuff- it will take me time to figure out how to do that- but still- in some specific situations I think a blog is a good idea. I commented to myself on the blog because I messed it up but I imagine vets can ask claims questions at the Blog? I would think that vets here who are BWN and have AOs would go to the AO forum first......and that is where the BWN AO info I have all is.I guess I am just copying it to a new area on the board......
  2. This link contains more info on these programs and also a DFAS contact #: https://www.dfas.mil/retiredmilitary/disability/crdp.html I went over many of my posts on this issue, and in 2006 I mentioned that DOD and VA has already screwed up the program----we have had a few retirees here with problems, that did get straightened out---- I would, if I were you, at some point , check with DFAS to see if the VA really sent your 60 % SC info to them.
  3. When you hit the 60% SC, CRDP is supposed to be automatic...meaning the VA sends the DOD that info for CRDP. That involves an audit. I have plenty of posts here on CRDP, available under a search -this is one of them: https://community.hadit.com/topic/70182-ptsdmst-crsc/ I dont get this: " The VA rep I spoke to also informed me that the VA denied a claim because my personal doctor wrote a side note on a medical examination in reference to my injury ( my doctor wrote a false report because I wasn’t even there for an examination on what he wrote a false report on) that I was fine and there was nothing wrong with me which caused me being denied. " Sounds like VA BS to me- Have you received a formal denial on that claim? Did you ever miss a C & P exam? Could that rep provide you with a copy of the exam since he knew what it said? " I did receive a $2400 from the Treasury but when I called I was told that the VA was conducting an audit and that was in August. " Would that $2400 be the proper amount for your retro for the SCs, prior to the 60% award? Also DFAS has a contact #, I will find it and post it here. I am assuming you are qualified for CRDP and not CRSC.....
  4. He is on the VA's AO exposed ships list Buck, on page one of this thread. As long as a BWN vet was on a ship on the VA's list on the day of or any day after the date of exposure ( as determined for many of the ships-by the VA ) they were exposed to AO and this vet has a solid claim already.
  5. Great Idea TBird- I will start a blog for what I feel will get much input from Blue Water Navy veterans , per the pending AO regulations for them, and/ or their survivors.... The recent HR 299 decision is still unknown in the vast veterans community-and not National News yet--- I have much posted here already in the AO forum but a separate blog for Blue Water Navy Vets -Agent Orange- will help a lot. Just minutes ago I posted a response to a Op Frequent Wind vet- whose ship is on the most recent list from VA, of ships exposed to AO. Other vets whose ship is not on the list ( but could be in the future) could potentially also prove they were in the 12 mile limit with their Deck Logs, and their period of service when they were within the 12 mile limit. Not all BWN AO vets will fall under Nehmer-Footnote One, but Many will, however ,as many of us here did with Nehmer 2010, so I can explain that again in the blog. Widows claims under the new regulations also will be different than the usual DIC regulations- I can explain that too. I was with JR, the great John Rossie, and am a member of the original BWN Vietnam Veterans Association, and it was at least 12 or maybe 15 years ago when I worked out an amendment call the Blue Water Navy AO Equity Act-with JR and so much happened since then and many amendments could not get the votes they needed to pass H and S, but HR 299 did !!!!!! There is also the Procipio decision, which I can explain as well at the blog.
  6. The USS Denver is on the July 2019 Ships list-: "USS Denver (LPD-9) transported troops, equipment, and supplies ashore with smaller vessels and docked at Da Nang and elsewhere from February-September 1970; March-June and November 1971; and January-August 1972" I have updated that list many times since the VA started to develop it and as the VA Ship's says, if you ship is not on the that does not mean you were not exposed to AO. In this link Tbird recently alphabetized the list ( That was Great- it took me a lot of time with some BWNVets to find if their ship was on the older lists. I have been involved with the AO situation since 1991, long before my husband or I, as his widow ever had a dog in the fight- With Tbird's idea this AM I will try to start a blog for Blue Water Navy vets and the new regulations. I have maps of Vietnam and the 12 mile limit and a Deck log example etc et etc , and of course the actual wording of HR 299. I already have a NVLSP contact lawyer and expect this to be as big as the 2010 AO IHD Nehmer decision-and NVLSP has already confirmed to me that Footnote One Nehmer will kick in.Sec wilkie expects as many as 130,000 claims- maybe but many of that number, in my opinion, will be survivor's claims.
  7. To add- this veterans was granted SMC Housebound when he was granted 100% P & T for PTSD. The decision mentions no other SC disabilities that would have put him into the 100% plus 60 criteria. https://www.va.gov/vetapp18/files10/18140332.txt In this case the veterans was 100% P & T for his PTSD. His only other disability was a NSC one. The BVA remanded the claim to see if the veteran was Housebound under the SMC (2) housebound criteria. https://www.va.gov/vetapp17/files1/1703690.txt VA OIG has found many errors raters have made in SMC issues. The VARO made a big SMC error in a posthumous award to my husband.It was a prime facie CUE and my so -called vet rep didn't think I should appeal.( because it was a 1151 award letter) A few years later it still bothered me and I filed an SMC CUE- on the decision and I won. We have Many here who understand CUE and have won CUE claims. As this law firm defines housebound, they make the point that it can be a result of one SC disability or more than one, if your SC or Scs confine you to your immediately premises. "For housebound benefits, the VA considers you “substantially confined” as a result of your disability or disabilities. Typically, the VA will want documentation that you will be housebound on a permanent basis as a result of your disability or disabilities. If you are housebound due to a surgery for one of your service-connected conditions, you can file for temporary 100% which is discussed in detail in a previous blog." https://www.hillandponton.com/aid-attendance-special-monthly-compensation-benefits-beyond-100/
  8. Can you scan and attach here the decision that reveals those ratings, and the rationale VA used if they denied you SMC? Or did they fail to even consider you for SMC in the decision? Please cover your C file #, name, prior to scanning it. These are the SMC S regulations: "Under 38 U.S.C. § 1114 (s), SMC is payable at the housebound rate if a veteran has a single service-connected disability rated as 100 percent and either of the following are met: (1) there is additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems; or (2) she is permanently housebound by reason of service-connected disability or disabilities. 38 U.S.C. 1114 (s)." https://www.va.gov/vetapp19/files5/19133580.txt You might be eligible under the (2) or part of the regulation. The "or" needs medical evidence that your SCs make you Housebound. With 100% PTSD and also the sleep apnea, rated at 50% by VA ,regardless if it is a secondary to the SC PTSD, would make almost any veteran Housebound in my opinion. But that would be a medical determination needed from a doctor. The VA might be right------ Then again I would like to see their decision. I won a CUE on SMC under violations of two aspects of VA case law. The VA granted the CUE on both theories of SMC S above but awarded one comp amount.
  9. Tbird is right-I was slandered here on the older board- long story- the person paid dearly for that in court.I didn't sue them, I joined others they hurt, with testimony, and documentation, in a court proceeding. At that time the libel and slander laws on the internet- this was many years ago,- had not been developed yet. I called a lawyer about 40 minutes from me, at the time because I wanted to sue them and he advised me that those laws were not in place yet but that he wanted me to call him, if this ever happened to me again, because he wanted to specialize in this area of internet law. GAO did a report about 2 years ago on how deficient many C & P exams are done.I posted it here somewhere. I contacted the woman who did the report and asked her if the GAO ever considers the actual ramifications to veterans or their survivors on those bad exams.... she said maybe in the future they would consider complaints from those adversely affected....I don't know if they ever will. Their reports go to Congress. I know 2 disabled vets ( maybe others here remember them- the 501 club or something like that-)these two vets viciously slandered a lawyer in public multiple times. He sued them for 1,000,000. One of them cried the blues to me (he used to be on an old radio show I did) and he told me neither one of them had answered the initial summons of the case, or obtained a lawyer .They both thought the case would go away. What a bunch of dopes- They lost due to default. The problem with lousy C & P exams is that vets have not complained enough to the H and S VAC.Neither have the Big 6 vet orgs I wonder if any vet has Ever complained to congress about them. Maybe some have complained to the President's Hot Line, but many have gotten new C & P exams by complaining to QTC, LHI, or VES directly.
  10. Lousy C & P exams have plagued the veteran's population for DECADES! These exams force many vets and their survivors to obtain costly IMO/IMEs....which are often the most thorough reading of their evidence they will ever get,. I feel the VA should refund any IMO/IME fee to any claimant who succeeded in their claim, with the IMO/IME -in spite of lousy C & P exams, because if this crap starts to cost VA money, their examiners might have to be more careful. That should be a regulation!!!!!!
  11. This is Wonderful News! Your husband could also be eligible for SSDI ( SSA benefits for disabled). Any evidence from VA that he is unemployable due to his service (such as a TDIU award) will help ,if he is considered 100% disabled under SSDI. He can receive SSDi and VA compensation at the same time. The relief in your post is obvious and I am so proud of all the help you got here from so many. God is Good too and I know he heard our prayers! I also am glad that the VA did the right thing. We have vets here who have lost everything -waiting for a VA decision that they were fully deserving of. Vets have even died durng the long claims process. You are a very proactive wife and support system for your husband and I commend you! I thank everyone here who helped you-too- they did a great job!
  12. I dont know- I posted that reference here 6 years ago.I tried to find it when I saw your question-but couldn't. And under a search for IMO, over 14,000 hadit entries popped up. IMOs and IMEs have been discussed here for many many years. I think I was the first claimant my so called former vet rep ever had , who also had IMOs from an expert.The state org I dealt with had never even suggested to any claimant that they needed an IMO/IME. If anyone can, they should add anything they can think of to my IMO criteria here. Then again Dr. Bash has helped many many veterans succeed based on this same criteria.That is how I was able to prepare it- I followed his statements in what he prepared for me.
  13. I see nothing wrong with giving a doctor a cover letter to prepare an IMO with and I did that myself for my AO DMII death claim. I referred to specifics in the medical records, blood chem reports, and autopsy ,etc etc and highlighted all of those records in the stack. The IMO doc did not need my husband's SMRs as he was an incountry Vietnam veteran. However, I did not write the IMO for him- and because of his excellent IMOs ( he did 2 for me) I was able to prepare the IMO/IME advice in our IMO forum, based on his 2 IMOs for me and the fact that he had been a former VA doctor. It would be difficult for most veterans to write an IMO for a doctor to sign, and maybe most doctors would disregard it and want to see all of the pertinent records themselves. It took me a few weeks to prepare a cover letter that was perfect and based on all of the evidence I found in the medical records.I also had studied endocrinology, enough to get up and above the VA Endo's level-who prepared two IMOs that denied the claim. I sent those C & P results along with the records and also I sent Dr. Bash my rebuttal to the VA Endo's crap- one part was her using a Merck definition of an acronym that she characterized as being an acronym for something else. The C & P exam was posthumous, so the best witness was dead. I held to the Merck acronym's definition.It was a small point but I left nothing unchallenged in her opinion's and I rebutted with documented medical evidence. But I had studied enough Endo and Cardio that I knew how to interpret the medical records. One entry was crossed out but I managed to decifer it and the doctor who wrote it also prepared a brief IMO for me, at no charge.He was the only VA doctor at that point who knew what he was doing, and it took me many long months to find him, in private practice. He remembered my husband.He only asked for a few medical records from me.The BVA gave his short opinion as much weight as Dr Bash's, because it coorborated Dr. Bash's findings. I also learned that she-the endo doc - had limited experience in her field, but Dr Bash, as he stated in his IMO, as a neuro-radiologist -he had read X rays and MRIs of thousands of diabetics and could support my claim with a full medical rationale, and his medical Curriculum Vitae was outstanding. Here is our IMO criteria: https://community.hadit.com/topic/53826-read-first-if-getting-an-imo/page/3/ In the part about the excerpts from well known medical texts, I had a list and copies of them that helped me prepare the cover letter and I knew my case was solid. Dr Bash used I think excerpts from different medical texts- maybe one or two of mine, as well. Current medical knowledge in studies or abstracts from well known good medical sites can be worth a lot to support any medical rationale a doctor will give. My daughter paid 300 bucks for a Cardio textbook-for a Christmas gift to me -(Braunwald- Harrisons Principles) the same one the VA developed their IHD regs from, -when the AO IHD regs came out-thinking I would need it here for those IHD claims..in 2010 ..but I never really needed it. The internet is full of good medical treatises and abstracts etc, that can bolster a claim.They are free. The claim was for AO DMII contributing to death. My husband -a VA PT since 1983 had never been diagnosed or treated for diabetes in his lifetime. You can imagine how much research and time that took,on my part, before contacting my IMO doctor ,andI certainly did not want to pay thousands for any IM0 that could not support the claim. I won. NOTHING is IMPOSSIBLE. It just takes a Lot of work.
  14. I hope that whole last post I made was deleted---I tried to delete most of it right away- I said too much about how PTSD affected us all here. It got worse after the VA caused my husband to have a major stroke. This is funny now but at the time it was true- in my case- the first time I met my husband's PTSD doctor,he identified himself as Dr. -------, ---the Employee Psychologist for the Bath NY VA. My husband was still in the hallway talking to his secretary and could not hear us, so ,as I shook the Drs hand, I said " and I am Berta Simmons, ---the Blame Target." We both laughed However the VA gave me therapy as well, and it did help to some degree- I am glad you do not consider yourself as any blame target at all.And you are right- PTSD is never the fault of the veteran or anyone else. I believe your posts here and the great amount of encouragement and support here from everyone ( plus the prayers) has helped others reading it as quests in hyperspace,who might sure being dealing with similar issues.
  15. "The purpose of this form is to provide an individual the means to make a written request for a copy of their information maintained by the Department of Veteran Affairs (VA) in accordance with 38 CFR 1.577. The information on this form is requested under Title 38 U.S.C. Your disclosure of the information requested on this form is voluntary. However, if the information including the last four of your Social Security Number (SSN) and Date of Birth (used to locate records for release) is not furnished completely and accurately, VA will be unable to comply with the request. Failure to furnish the information will not have any effect on any other benefits to which you may be entitled." https://www.va.gov/vaforms/medical/pdf/vha-10-5345a-fill.pdf Here is the citation they reference: https://www.law.cornell.edu/cfr/text/38/1.577
  16. I think I have said this here 100 times or more in the past 22 years,in both hadit boards: Lawyers need to use FOIA to get your medical stuff- BUT FOIA from a veteran, for what is theirs ( C & P exam copies and all VA medical records,) do not require a FOIA. Every VAMC should have a Records Access Officer or someone, maybe with a different title, who can give you a short form to fill out to obtain your medical info. FOIA takes longer than this simple request form does. If you like to use legal beagle stuff state This is a request under the Privacy Act, 5, USC, 552. Do not state FOIA under that same citation. But in any event ( I never used FOIA to get my husband's medical records, C & P exams etc. and I got one within days, that the BVA ordered, and rebutted it immediately-BVA asked for a cardio opinion, I got a PA opinion. BVA had by then 3 IMOs from me and totally disregarded the "speculative" opinion from a PA who didn't have a clue on cardiology. If you can obtain these C & P exams, and also scan them as well as the denial, and attach them here , we can see what went wrong. Also you need to see what the qualifications of the two examiners was. Please cover your C file #, name, etc prior to scanning them. Also a tip on FOIA ( I have used FOIA for over 20 years for other issues, ) some here have been concerned that they sent a FOIA on other issues to VA, and they expect the FOIA regulations provide them with a result in 20 days---- Not true, a FOIA provides ,within about 3 weeks , an acknowledgement of the request.My most recent FOIA sent to OGC a few months ago was acknowledged immediately then VA FOIA officer asked what other info I had that could define where the information would be found. I gave them the name of the General Counsel lawyer who apparently handled this very odd legal issue in the first place, and the veteran as well as his lawyer ran with it. They made no attempt ( I advised both of them to take other steps as well, ) with the links I gave them, to try to find out if what the OGC lawyer told them, was actually true ,and I have not heard anything since naming the OGC lawyer, from the FOIA officer. Maybe I will even withdraw the request. I found the veteran involved to have lied to me many times about the actual circumstances. His lawyer and many others from a vet org told him to seek others adversely affected in the same way via the internet- and I contacted his lawyer-but then the veteran contacted me and lied about a key point he had posted in many news articles on line. I posted the records request VA form here a few times.I will try to find it. One FOIA I had with the US Department of HHS took 8 years before it got resolved and they sent me the info- which I didn't need anymore.
  17. I didn’t mean to imply that TDIU is not a potential award that could include DEA, and CHAMPVA benefits but that depends on the factors in the TDIU rating. This May 2019 BVA decision explains how that happens: https://www.va.gov/vetapp19/files5/19136037.txt “3. Entitlement to DEA prior to February 24, 2016 “The effective date assigned for eligibility for DEA benefits (February 24, 2016) was based on the Veteran’s award of TDIU from that date to the present. As discussed above, the Board has concluded that the criteria for TDIU have been met for the entirety of the appeal period under consideration – which is March 21, 2007, to the present. As such, the criteria for eligibility for DEA benefits have also been met as of March 21, 2007. Nothing in the evidence shows that the Veteran had a permanent and total disability prior to that point. None of the other criteria., ”etc - along but good read of this case.... The veteran in this case had, from March 2007, a single 70% SC award that garnered TDIU, based solely on his SC PTSD. As the decision states however, nothing indicated the TDIU was P & T prior to 2007. Hope this helps.
  18. Apparently this is one of your posts: https://community.hadit.com/topic/73832-prostate-approved/page/2/#comment-474109 It helps to stay in the same thread . That post contained a rational from the decision but we need to see the way the VA worded it.
  19. An appeal is for a formal denial. Or maybe you are re-opening a past claim for a higher rating..... Have you posted the denial here somewhere? If not please cover your C file #, name, and scan and attach it here. If it was denied, the VA gave a rationale that needs to be overcome with evidence.
  20. Both CHAMPVA and DEA (Chapter 35)require the same criteria: https://www.va.gov/COMMUNITYCARE/programs/dependents/champva/CHAMPVA_faq.asp https://www.benefits.va.gov/VOCREHAB/Dep_Edu_Assist_Chapter_35.asp If you are determined to have any SC disability that VA rates at 100%Permanent and Total, they will enclose the DEA Education forms with the award letter. I got the DEA forms with my award letter, which took my deceased husband up from 30% SC for PTSD to 100% P & T for PTSD , and VA sent a separate letter as to CHAMPVA, and that has to be applied for separately. If you are 100% P & T , did they send you the DEA Chap 35 forms with the award letter? In my locale there are also property tax exemptions for veterans and their survivors,depending on the VA ratings. A 100% P & T rating will often garner two exemptions. SSA awarded my husband SSDI solely for PTSD in his lifetime, and this evidence was considered by VA after he died, to warrant the 100% SC P & T rating.The SSA award was only based on his VA medical and psychiatric records. His claim for higher than 30% rating was filed 2 years before he died, and the 100% VA rating of 100% P & T came 3 years after he died, 1997, as I was eligible for accrued benefits. The VA gave me the proper EED, Nov 1991, the same one SSA gave him. It pays for any veteran to obtain a 100% SC P & T rating if they can. If a vet dies with 100% P & T in their lifetime for ten continuous years, the spouse will get DIC with no problems, even if death is due to a Non service connected cause.
  21. GeekySquid-We used to talk about this stuff in the pre internet electronic veterans communities ( Vet Link, Prodigy Vets BBS,etc )and I believe not only the VA but the public understands more these days than decades ago,about PTSD. When I worked in the vet center it was 1983 and PTSD had just been "invented" as a disability in vets, even though it has been part of warfare since time began. The great military leader Julius Caesar, looked for signs of anxiety and 'battle fatigue' in his troops eons ago and described this in his Book " The Gallic Wars". Combat vets like Audie Murphy, Chesty Puller and his son Lewis ( who somehow managed to work as a lawyer for the VA , with many Vietnam war disabilities)until his suicide,) **** and yesterday even General Jack Keane talked of his own PTSD at Fox news, as it can affect anyone in-service exposed to any event beyond the norm.... *** Lewis wrote a Pulitzer Prize autobiography called " Fortunate Son." It is fabulous, but he killed himself about 5 months before my husband died ( USMC) and all Marines loved his dad. I think it is good for vets to discuss these things- things they sometimes would never even tell their closest friends or spouse. Lagin asked: "It is a three week program through Rush University and Wounded Warriors Project. Is there any reason the VA would be referring him outside the VA system? " Yes. Here is some info that Wounded Warriors have done to help OIF/OEF veterans.: https://www.rush.edu/news/press-releases/45-million-grant-expands-veterans-services Things have changed since the Vietnam War- PTSD does not have the terrible stigma it did decades ago and the VA has done remarkable things to help combat vets from Iraq/Afghanistan . Sadly enough the suicide rate in these veterans is so high that VA still has to do more, and you mentioned your husband has suicidal ideation- but my husband never did ( or if he did he never gave me or VA any clue on that) his inhouse program dealt a lot with with anger issues and I believe your husband will get the best care he can get through Rush University-I am sure.Besides it sure helps PTSD vets to be with other vets who have PTSD.And it sure helps having a supportive spouse. I am praying for you and your family. I owe so much to Vietnam Veterans and those with PTSD sure taught me a lot. My main tactical warfare professor at AMU was a Major in the USMC and was very negative when I enrolled into my first course at AMU. I was the only civilian at AMU at that time who had ever gotten in their degree programs and he changed his attitude very fast when he read my first Thesis.It was on the Vietnam War and PTSD.I got all A's from him in every course he taught ,thanks to the education I had received from combat veterans, with PTSD and a personal library full of warfare stuff. https://start.amu.apus.edu/military-degrees/overview?gclid=EAIaIQobChMIt-u21_vL5AIVxZJbCh0Rkg5uEAAYASAAEgIo5vD_BwE# I was also their first DEA Chapter 35 student. VA paid for it all. But those were dark days for me, dealing with the VA at the same time, and we had the pre 2005 hadit board then, and my daughter kept insisting I re- open my 1151 DIC claim for direct SC. but Faith and Persistence can go a long way. My daughter was right-her dad had diabetes mellitus from AO, never diagnosed and never treated by the VA. That SC death award gave him Peace with honor. It gave me that too. It overcame the wrongful death award. I could accept a death due to AO from Vietnam.
  22. Thanks for clarifying-Geeky Squid- my husband had flashbacks often during every day- but described them Exactly as you did- a movie transposed over his vision....that he could see through, but he did not externally acknowledge them,worked at very good jobs until he had a stroke and never had an auto accident or anything because of them. For 17 years he thought he was the only veteran in the country who had these flashbacks of Vietnam and that he was simply crazy and didn't want anyone to know about them. Of course no PTSD veteran is crazy!!!!! You are correct here as well: "These can be much worse in the grander scheme of things because they include a potential danger to others if the veterans "sees" them as an enemy during the flashback." After my husband had a stroke, he reacted differently to the flashbacks sometimes....As I was driving down a steep country hill about to take a bend in the road, he started to punch me in the arm , screaming that the enemy was 'down there',in a field below us. It was farmers plowing the field with tractors but he thought they were tanks. Many people have flashbacks, not as severe as veteran's do- I saw my husband collapse in our barn over and over again, for about 2 years, every time I went into the barn.He died as I gave him CPR- But I didn't really 'see' that at all - it is just a horrific memory I cant forget. I am so grateful I knew CPR and could at least try to revive him. He has Peace with Honor. And is still loved and missed and never knew his daughter went to Vietnam twice and is fluent in Vietnamese (and veteran-USAF Intel)-well maybe he does know- he changed our lives forever.
  23. This claim was granted -see the "as likely as not "post today ...rsmith,it helps to stay in the same topic you started so they we do not give an answer that fails to consider the outcome.......
  24. Berta

    Compensation issue

    Did you formally claim three disabilities? Is that what ebenefits says? If so it doesn't mean much yet- years ago ebenefits said I had 53 issues.At first I thought that was wrong but now I think it is more than 53 issues. In my case it involved many accrued issues, Chapter 35 issues, many CUE claims, audit error issues, and a whole bunch of other stuff. I have to join ebenefits again.I did not access it much years ago and have to re enroll. I might not however even enroll because it is not always helpful. Since you appear to have claims for 3 disabilities, do you have an established nexus yet? Nexus- inservice cause or event, etc, that caused the disability.
  25. It is possible you could attain a better EED. But that depends on the 2015 denial. Did they rate you at all, but as NSC? in 2015? Can you scan and attach the 2015 denial to include the evidence list they used? Cover your C file #, name, address, prior to scanning it and attaching it here. Every veteran who succeeds in obtaining SC for a past denial of the same SC should go over their older denials carefully-perhaps VA did not have the evidence they needed in the past denial, but perhaps they did have it. Often the VA has the SMRs, that would reveal a service nexus but that does not mean they thoroughly reviewed the SMRs. Sometimes an initial disability ,with an established nexus, does not raise to a ratable level, but that would warrant a rating of "0" SC, far better than "0" NSC, which would be an award instead of a denial The denial might be correct as it stands but we have many very good members here who can see if you have a basis for a 3.156 claim or a CUE claim.
×
×
  • Create New...

Important Information

{terms] and Guidelines