Pending Claim - Scary

[Googy]

I am in the middle of a SMC and AA claim with the VA. Served from 80 to 85 in USAF. Muscular Dystrophy manifest while in service. Condition was aggravated my service and took me to where I could not function or even walk and had so much muscle breakdown that I would have red tinged urine. This was all under the threat of article 15's and reprimands. I made copies of all those physical profiles. They sure have come in handy. Was medically retired in 1985 placed on TDRL with 50% comp (they offered me 20K but I said no way) and a year later on PDRL with 80%. Then in 86 was taken over by the VA at 50% SC in the Hodkins category - that is a form of cancer of the brain and not the correct category. They took my comp away in 1987 saying it was CUE. It was not CUE and I eventually prevailed over them in hearings in 2 local hearings and then the DC BVA where they supposedly opened a new category for Muscular Dystrophy in 1988. Then they put me in the "brain infection" category at 30%. They did not even put me in the category I set precedence with and this was not the correct category yet again! They then threatened me that if I ever made another claim they would take away everything forever. You can believe that I did not want anything to do with them after that. I developed related cardiomyopathy along with this weakness throughout my body - I have used a wheelchair since 1987 and arms are so weak I cannot do most things by myself like preparing food and bathing and etc. My wife, daughters and neighbors have been caring for my needs, but not the VA. I have never been able to work a job for more than a few months from 1985 to the present. I have my lifetime earning statement all the way back to before I enlisted and I is very paltry. I never even heard of IU until this summer. I had never before heard of SMC or AA until this summer. I have been trashing my body all these years and my wife has been working multiple jobs just to make ends meet all the while trying to care for my ill health. Thinking about this now really angers me to boiling. So one day in 1997 as I happened to pop in to a DAV NSO in a VA hospital to ask him if this seemed odd to him. There is a huge story behind all of this but too long to go into right now. This NSO did not buy my story at first, but after a week of research he saw that everything I said was correct. He did some sort of quick claim and I wound up with a dual rating; 100% SC PAT for loss of use of lower extremities due to Muscular Dystrophy and a 60% SC for cardiomyopathy. I took it and ran like a starving child who hoards food for fear of never eating again. Ten years later I am a greenie at Unit DAV Commander. By chance the state DAV Commander asked about my condition at a BBQ this July. It was then that I heard of SMC. Then I did research about AA and IU. There are many years I should have received IU first then SMC and AA. So now I have Muscular Dystrophy, cardiomyopathy with electrophysiological arrythmias with the need for a pacemake soon, stroke, whitematter disease, brain infarctions resulting in cognitive/memory problems, spine problems and a paralyzed right lower foot from a ill fitting VA wheelchair. These are all SC related disabilities which I have overwhelming record of. I am going to do as they say? Appeal, appeal, appeal.

I submitted the SMC AA claim in July 07. I received 2 VA letters at the same time. I had a C&P the same day I turned in the letter asking if I had any more medical records to submit. I knew I had numerous letters to substantiate my claim, but somehow the box was marked "Does not have any records to include". I am not sure they even read this right.

[Googy]

Woops, what happened here? Sorry about the duplicate submissions.

[john999]

If you were rated 100% you can't be rated IU for the same time period.

[Berta]

"He did some sort of quick claim and I wound up with a dual rating; 100% SC PAT for loss of use of lower extremities due to Muscular Dystrophy and a 60% SC for cardiomyopathy"

That would grant you the SMC "S" award-

did the VA pay you extra for for this?

"They took my comp away in 1987 saying it was CUE. It was not CUE and I eventually prevailed over them in hearings in 2 local hearings and then the DC BVA where they supposedly opened a new category for Muscular Dystrophy in 1988."

Did they grant the CUE with the proper retro?

You do present a severe disabled picture- but as John said- they cannot send comp for 100% and TDIU at the same time-

You do seem to have SMC conditions.

Is the 100% P & T SC is independent of the additional 60% SC -they should have awarded you the S award when this rating was done.

[jbasser]

This is a continuation from Googy

Continued:

I submitted the SMC AA claim in July 07. I received 2 VA letters at the same time. I had a C&P the same day I turned in the letter asking if I had any more medical records to submit. I knew I had numerous letters to substantiate my claim, but somehow the box was marked "Does not have any records to include". I am not sure they even read this right.

Well, they processed it in 2 1/2 weeks and I got the letter from the DAV with the abstract of what to expect. I said they were continuing the 100% SC PAT and the 60% SC Cardiomyopathy, were adding 4o% for R arm and 50% for L arm. They are just as weak as the weakness found in my legs so I don't get this. They also said they were denying me "a higher level of SMC". What does "higher level of SMC" mean? Again, we only found out about this being processed so quickly and that it was already at the rater's desk "on deck". I called her and asked if we could submit med records and letters and she said yes. So we amassed what we have - about 2 1/2 inches high, tabbed and highlighted in a large notebook. I hope that this was the right move. I even have a VAVD form 10 filled out by my non-VA PCP along with a letter from him. Those personal letters from wife, daughter and long time friends were bot heartfelt and detailed. I am just so nervouse about a long, drawn out appeals process. I might have to get some ringers like that CUE case in 1988 (then I had a VA and University geneticist, a Senators Representative, my father and my wife there, and the geneticist cooked em) When I get SMC and AA and an "effective earlier date" from 1997 until the present, then I will go after IU from 1985 til 1997. Does this sound reasonable and/or well presented?

Any remarks, opinions and assistance would be helpful.

Thanks, Googy

Edited November 25, 2007 by jbasser

[Googy]

You are right about IU and 100%. I have only received the 100% and the 60% since 1997. I was at 50% and then 30% from 1985 to 1997. I should have been receiving IU from 1985 to 1997 especially had they placed me in the correct category with the correct rating. Yes, I have been studying about IU and SMC a lot.  You must have atleast 50% rating and be unemployabe to have any chance at IU and compensated at the 100% rate. In 1997, I just received the 100% comp and I never received the SMC S award. That is why it is so funny about this present claim saying that I have been denied a "higher level" of SMC when I never have received any SMC rating. Yes, they should have given the S award in 97 when they gave the 100% SC PAT, but that inquiry never happened. Do you know where that rule is that when 100 SC PAT is given along with a 50 or 60%, this automatically triggers an inquiry into SMC and AA. I read it once or twice, but cannot find it now.

That CUE claim in 87-88 was finally settled, but they put me at 30% in the Brain infection category, not even close to where I should been put AND on top of that, that is when they threatened me with taking everything. My rating at that time was so low, that the USAF took over when the VA dumped me, but eventually it all evened out, sort of. Things were a lot different back then. It is funny how the caring and care quotient changes depending on how close it is to wartime. On that letter from the DAV - the abstaction - it also says that the earlier effective date is also being considered. Maybe they will do this correctly this time.

Do you think handing in the paperwork while it is "on deck" will hinder or will it help. Will submitting this info take away my chances of using it in the future for the other cases? I guess I have a year to NOD. Am I worrying too much? I am trying not to.

Thanks for your help

[Googy]

Update! Claim denied! But this is only the first round. I'm in it for all twelve rounds. NOD's are coming. Man they didn't even read any submitted medical evidence, doctors letters - even their own records. Simply amazing isn't it? Do these people even know what they are doing? I guess we will have a live hearing. Then I can stomp their ignorance and stupidity into the ground. I spent 5 months on this, spending lots of money on it, and this is the outcome I expected but hoped they would be able to or willing to read what I submitted. I don't thing that ever happens though. I just need my wife home to take care of me. Can't do it anymore and I shouldn't have to pay someone out of my own pocket for my care.

Ok I'm a little discouraged but I can play this freakin' game pretty well.

You are right about IU and 100%. I have only received the 100% and the 60% since 1997. I was at 50% and then 30% from 1985 to 1997. I should have been receiving IU from 1985 to 1997 especially had they placed me in the correct category with the correct rating. Yes, I have been studying about IU and SMC a lot.  You must have atleast 50% rating and be unemployabe to have any chance at IU and compensated at the 100% rate. In 1997, I just received the 100% comp and I never received the SMC S award. That is why it is so funny about this present claim saying that I have been denied a "higher level" of SMC when I never have received any SMC rating. Yes, they should have given the S award in 97 when they gave the 100% SC PAT, but that inquiry never happened. Do you know where that rule is that when 100 SC PAT is given along with a 50 or 60%, this automatically triggers an inquiry into SMC and AA. I read it once or twice, but cannot find it now.

That CUE claim in 87-88 was finally settled, but they put me at 30% in the Brain infection category, not even close to where I should been put AND on top of that, that is when they threatened me with taking everything. My rating at that time was so low, that the USAF took over when the VA dumped me, but eventually it all evened out, sort of. Things were a lot different back then. It is funny how the caring and care quotient changes depending on how close it is to wartime. On that letter from the DAV - the abstaction - it also says that the earlier effective date is also being considered. Maybe they will do this correctly this time.

Do you think handing in the paperwork while it is "on deck" will hinder or will it help. Will submitting this info take away my chances of using it in the future for the other cases? I guess I have a year to NOD. Am I worrying too much? I am trying not to.

Thanks for your help