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Pending Claim - Scary


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.

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"I should have been receiving IU from 1985 to 1997 especially had they placed me in the correct category with the correct rating."

Yeah -this looks like possible CUE there to me---

"They then threatened me that if I ever made another claim they would take away everything forever"

if they documented that-------their letter should be posted in every newspaper in the country!

It DOES look like a CUE-on the past decision-

if the med evidence was in their constructive possession

and they made a 'legal' error- (ie using the wrong rating code or whatever) to your detriment-in any final decision-

that would be a definite CUE in my opinion.

If I were you I sure would look for the DAV's support on all of this-it looks to me that the DAV did help you-

and your track record shows you are very proactive and knowledgable yourself on the VA claims process.

By "qick claim" do you mean the DAV asked for a reconsideration?

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Berta and all,

How would I go about finding that results from an appeal that went to BVA in DC in 1988 in which I prevailed? Any repository that you know of?


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In 1988 they put the entire year on a DVD. Believe it or not but the VA should give you a copy if you ask for it.

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Ok here is what is happening now ----l

I have been rated since March of 1998 at 100% service connected, P and T for loss of use of lower extremities and 60% sevice connected for cardio-myopathy.

I submitted a claim for SMC and A & A. I had thought that I was not receiving any SMC. Talked with NSO's and they did not disagree. I was wrong. I have been receiving SMC at the L 1/2 rate since 1998. I thought I was right on with my claim, but I was wrong. There seems to be a whole lot of loop holes in regs.

This claim was for loss of use of arms and SMC. I was given rating for both arms - Right arm 50% (dominant) and left arm 40% (non dominant). I was denied a higher level of SMC. It appears that I will be concentrating on a claim of LOU of both hands. It was recommended that I shoot for A&A. Reading through everything, I somehow came to the conclusion that I was trying for Housebound (S). I submitted a request for a DRO hearing. A face to face meeting would be much more beneficial to my case. Plus my wife can be there and she has a memory, let me tell you. I had four strokes since last August and something called white matter disease and...what do you call it....uh....memory loss. I have had veritigo for 4 years now. A brain injury was discovered as well - probably from a fall three years back. I smacked my head and was knocked out for about 10 minutes - I was by myself - and had a golf ball sized black eye for a month.

What my NSO and I decided is that we will try for SMC (O) and then this will more fully entitle me to A&A (100% plus 60%). Then this will qualify me for SMC (r.1).

This A&A is baffling. I understand that Housebound (S) is a seperate compensation above that of schedular SMC ratings. How is A&A compensation paid? I have read that L 1/2 is a form of A&A. Is this true? Can anyone help me with this? Berta?

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Hit the dang tab key again and it submits multiple posts

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