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After Seven Years - R1

sixthscents

Asked by sixthscents,

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sixthscents Experienced

sixthscents

Posted
Posted

Many of you know me, and know that I have been in the VA system since 2002. Today I recieved, for the first time ever a call from my actual rater. They agreed with my latest claim, and increased my SMC to R1. I have been arguing this one for about 2 years, but it was for all the marbles really.

The rater was really nice, and explained why they were rating me (of course, I knew why since I know CFR 38 and the results of all the C&P exams but I let him say why since he seemed to really want to explain). Anyway, the only higher benefit is R2 and I feel that I just dont qualify for it.

Anyway, I wanted all of you to know... dont ever quit, don't ever give up. If you feel you deserve a particular benefit, and the medical and regulatory evidence support you - dont ever ever quit. Make sure you have all your ducks in a row, and you will win. Most importantly READ - read CFR 38, read M21-1MR, and read the postings here. Take notes, ask opinions, and file. Then just dont quit until you are satisfied that the result is fair.

My claim for R1 took 2 years, and there's quite a bit in back pay coming. Yet this is money that I have already paid out myself for CNA's in home, etc. It's fair and it will probably be the last claim I file on my own behalf (since there's only R2, and I just dont feel right asking for that). From a rating of 40% to over 200% schedular, and SMC of R1 - seven years of my life. All I can say is never quit, never surrender, never give up.

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Cavtrooper088 Collaborator

Cavtrooper088

Posted
Posted

Good job Sixthscents. Congratulations and thanks for sharing your story. I'm 90% schedular (130% VA math), and have struggled to hit that last 10% for 100 schedular. I'll dig into the books and get smarter.

Cavtrooper088

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jbasser Grand Master

jbasser

Posted
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Awesome Job Bob. You hung in there like a real trooper and did not let them sway you in either direction.

Enjoy your victory.

John

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Testvet Grand Master

Testvet

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congrats I know exactly how you feel I just got the SMC S paperwork after 7 years a lot of SOs told me to give up and quit years ago and I refused I would get a denial and I would NOD it, they would deny it again I would get another IMO and other plans of attack they win when we quit, so obviously don't quit I agree

I am happy with

100% P&T PTSD

60% CAD

10% hypertension all equals SMC S or housebound take your pick

the last fight we have is the effective date I filed in Nov 2002 they say the effective is Dec 2003 I want the other year to count towards the DIC time for my wife need 10 years also the 100% for Nov 2002 to dec 2003 is 13 months what about 25,000? it all adds up....I am using the letter I sent to Sec Principi dated 22 Nov 2002 as an informal claim date, he had the Manager of the Montgomery Alabamo RO send me a letter telling me I didn't have a claim in the system yet? Duh, the AL SO was slow it took him from Oct 20 to Dec 20 to file it in Augusta GA I lived in Hopkins SC why have the RO in Alabama reply to me, it's not my fault they messed it up, but my letter spelled out all of my medical issues and the fact I was seeking a compensation claim for all of them, they don't want to acknowledge the letter to him as a claim. I have time and they have the money rofl

I agree being tenacious counts.....I am glad you are satisfied I am too, it's just the point, after 7 years I want it all, to settle for less makes me feel cheap........lol

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Wings Grand Master

Wings

Posted
  • HadIt.com Elder
Posted

x

x

x

Congratulations! And thank you for your service, and thanks for being a level-headed Moderator with a good deal of common sense, and for believing in yourself and what is right and fair. Hope this helps you to live a better life, you deserve it. ~Wings

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Tbird Grand Master

Tbird

Posted
  • Founder
Posted

sixthcents this is great news, finally they got it right, i know the battle has left you worn out, but brother i am so proud of you and i am very proud and grateful to call you brother. with all you have gone through and continue to go through you have been a huge support to me, i just can't express how happy i am that you finally received the compensation you earned.

tbird

Many of you know me, and know that I have been in the VA system since 2002. Today I recieved, for the first time ever a call from my actual rater. They agreed with my latest claim, and increased my SMC to R1. I have been arguing this one for about 2 years, but it was for all the marbles really.

The rater was really nice, and explained why they were rating me (of course, I knew why since I know CFR 38 and the results of all the C&P exams but I let him say why since he seemed to really want to explain). Anyway, the only higher benefit is R2 and I feel that I just dont qualify for it.

Anyway, I wanted all of you to know... dont ever quit, don't ever give up. If you feel you deserve a particular benefit, and the medical and regulatory evidence support you - dont ever ever quit. Make sure you have all your ducks in a row, and you will win. Most importantly READ - read CFR 38, read M21-1MR, and read the postings here. Take notes, ask opinions, and file. Then just dont quit until you are satisfied that the result is fair.

My claim for R1 took 2 years, and there's quite a bit in back pay coming. Yet this is money that I have already paid out myself for CNA's in home, etc. It's fair and it will probably be the last claim I file on my own behalf (since there's only R2, and I just dont feel right asking for that). From a rating of 40% to over 200% schedular, and SMC of R1 - seven years of my life. All I can say is never quit, never surrender, never give up.

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carlie Grand Master

carlie

Posted
Posted

sixth,

Great news - finally you might feel the weight of VA claims

lift off your shoulders.

Years ago when someone told me I was very tenacious

I felt that it was a huge put-down.

Now I know it's a quality I need to survive this storm.

You are so right - never, never, never give up.

carlie

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iraqx2 Rising Star

iraqx2

Posted
Posted

Congrats and good job in fighting this long battle. This is good news. Take care and best of luck!

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Berta Grand Master

Berta

Posted
Posted

WOW- Bob this is a superb victory and you deserve it.

What you said is so true-never give up-

and use M21-1 and anything else you need-to make sure they give you what you deserve.

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cowgirl Grand Master

cowgirl

Posted
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Posted

Sixth, you deserve everything you get and more. Congratulations for getting some of whats due you, I say that from the bottom to the top of my heart. Thank you for your service and thank you for your continued service here on the behalf of others. I am inspired and find hope that provisions will be made on behalf my lil ole family, sooner or later.

Honestly, sometimes I live in a vacum, I had to refresh my brain on what SMC R1 was/is, amazing I found the info on the VA site.

Best to ya dear,

Cg'up2009!

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