tdiu Hey All, I'm Just Back And Checking In!

[sixthscents]

Hey All,

I just wanted to check in and say hey to all of you. I am still alive and still busy with volunteer claims, it seems that they keep coming out of the woodwork. I wanted to speak to you all about my claim form start to finish (briefly), and some ideas that I have had concerning volunteer advocacy.

I started my claim actually prior to discharge in 2002. I didn't know Hadit existed at the time, so thru the magic of the internet I discovered CFR38. Yes it reads like programming your VCR, but I had nothing but time so read it I did. My initial rating from the VA was a wopping 40% (it may have been 20%, I cant really remember, but it was low). I NOD'd that immediately and began what has been a 4 year quest. By 2004 I was 100% TDIU P&T. As of 4 months ago I hit 170% schedular with a single rating of 100% for loss of use of lower legs/and feet.

Then came the adaptive vehicle grant.

Then came the vehicle adaptation(hand controls) and the additional payment for automatic transmission etc.

Then the adaptive housing grant (now under remodel - we purchased a new single story home and had the VA guy come out...really nice person)

Then came Voc Rehab - Independent Living Services and a whole bunch of stuff like a lifting recliner, a new computer, it just kinda goes on and on here.

Then came Rehab thru the VA health, and their stuff.

Then came HISA grant (also in construction on new house)

Oh, and clothing allowance was in their early on.

Let's see...oh Chapter 35 paid for wife's Master degree

ChampVA came in with the 100% TDIU T&P - plus I pay for a supplemental plan

Huh...did I miss anything? Oh state benefits....

No property taxes - in Tennessee

No vehicle tag cost or wheel tax (Tennessee)

Permanent Hunting/Trapping/Fishing killing pretty much anything permanent license for one time $10 fee.

Oh, additional pay for loss of use of both legs....supposedly at the Aid and Attendance rate...but I'm going to delve a bit deeper into that.

So...there I am so far...now I started this claim and got to 100%TDIU/70% schedular without the help of the great people here on Hadit....but

almost ALL of the following was directly due to advice/reserch and information provided to me by others here on Hadit directing me WHERE to look in CFR 38, and what test were required, what had to be proved etc.

So......THANK YOU. Thank you all so very much. I cannot express really how much I appreciate all the work that all of you here have done and continue to do. Yet while thanking you is appropriate, I owe somewhat more. I have an obligation to help others in the same way that you all helped me. Working with veterans in filing their claims, going thru the NOD's and appeals...filing for the seperate benefits. I owe that. So, I am doing that. Currently my case load has balloned to the point where its taking up a LARGE portion of my day, but honestly what else do I have to do? It's productive and lets me pay back the service done me. I discovered that the average veteran has no idea what they are entitled to, what they have been rated etc. I am currently workin with a Vitnam veteran (awarded two purple hearts, the broze star with v device) who lost half his foot to a mortar shell, and for 34 years NEVER filed for compensation and was NEVER paid any. He received medical care as catagory 5 - can you believe it? He was paying a co-pay on his drugs for his service connected injury......

I am handeling about 25 active claims and about 15 or so pop-tarts (people who appear and then disappear...we all know some vets are a bit flakey around the edges)...Thats about all I can do...but heres where I started thinking...

Currently I am handling claims from Ohio, Illinois, Indiana, Kansas, Florida...all over the place plus local ones. I am working as a "veterans advocate"...I guess thats the legal term. Anyway heres kinda what I was thinking...why cant we form a network of people in each state who are willing to assist in the filing of these claims, but commited to see them thru to the end. Don't get me wrong, but it just makes sense that a veteran who is dealing with a regional office will have a better grasp on how they handle specific situations better than I would. Now we know its all supposed to be the same, but the reality is each regional office seems to have its own way of doing thing, or at least that is my impression. Plus, a local, or just regional advocate would be much more knowlagable about the specific state benefits and programs.

So, I propose that like minded volunteers, using Hadit as their conduit for communication in asking each other for advice as pertaining to specific claims (ie.e I am VERY good at IVDS stuff since most of my claim hinged upon it). Of course we would NEVER post specific names, locations, or ANY personal information about the cases except the specifics which pertain to the claim. Such as John Doe served...Jane Doe was...etc.

I request that if we can find a reasonable amount of people willing to participate in such a network that we request that Hadit B) form a seperate forum section just for the advocacy network, but it would still be a good source of information as veterans could actually see some of the claims progress, and we could identify the claims with a number such as IL-321, for Illinois claim 321, and submit notes about what was being done, and where the claim was, if it was of particular interest.

Also, (I have mentioned this before)..since each states benefits differ perhaps a forum that discusses each seperate state, and their benefits might be a nice idea.

OK...I know I just umped into the deep end here, but essentially many of you are already peforming as advocates here on Hadit, but it would allow for a more personal, and I believe effective way of assisting those in true need of help. Again, its already been done, for me, by people here over the past 3 odd years. It's just a more organized approach where we can focus our strengths (i.e. the differeng knowlege of certain types of cliams), and actually help people in our own community...at the same time using the Hadit community's vast repository of knowlege to help us do so in an organized manner.

Again Hadit as a whole is jus a huge veteran advocate knowlege base...but this would actually entail helping people prepare NOD's, and helping them file appeals, and even filing their original claims correctly. Would we in fact be doing a job supposedly done by the VA, and state VA reps as well as Service Organizations....sure and at NO pay whatsoever. But consider that the DAV is the only Service Rep (VSO) that reuires even a minimum of understanding and training prior to putting these people into place filing claims, and the State reps are almost antagonistic in the manner (from my experience) and the VA is so very unhelpful in filing claims....well its honestly a needed service and one that I think the people on Hadit are more than qualified to perform...plus we already have an established knowlege base here if we dont know an answer. Most claims I deal with were filed either completely incorrectly from the start, and are a huge mess, or were never filed, or were filed by 5 different people at 5 different times for a myriad of things, etc etc etc.

I just think that we can do it better....well I am certain that we can, but it will take an honest commitment so that if Bill in Texas gets a referral from a Veteran in Illinois, he could refer that vet to the advocate in Illinois, or the region of Illinois. Am I making any sense here? Maybe this is just a drem....but, I think that its what a great many people on Hadit are already doing behind the scenes.

Thats it for now....email me at sixthscents@hotmail.com if you all have any ideas comments you want to keep private, otherwise tell me I am a fool here if you want, or make any suggestion you or idea you might have.

Thanks...Bob Smith

[Railroader]

Bob, I think that you have a great idea. It may even work. I read the regs but sometimes it is hard to understand. Sometimes it is hard to figure out how to make a claim as to secondary conditions and what is direct S/C'd or what. My RO sent a letter to me yesterday wanting me to send xrays and other proof for my claims but didn't mention duty to assist or C&P exams. That confuses some vets as they think that they have to go to an outside doctor to get proof which is ok if you have insurance or enough money.So anyway go for it!

Railroader

[Berta]

Bob-it sounds like a good idea for some-

I know being near a VAMC and vet's community I get overwhelmed sometimes as it is-and I have helped my local vet rep from time to time too-

I think more and more vets are turning to the internet for claims help-sometimes the more people who read and think about a claim- the more good advise one can get-

I am curious- did they give you the A & A - due to 100% plus over 60%?

Or are they giving you the higher rate of SMC? Like 38 USC 1114-"L" for loss of use of lower extremities-

I think the VA, when there are many SC disabilities present to rate , has a chance to really 'snooker' the vet-

I feel the SMC rate is not always properly determined. And I also think many many vet reps and SOs do not even have a clue as to it's possibilities for a higher comp rate.

[sixthscents]

Berta...HEY!!!

HeHe...they gave me the higher rate SMC L...but this is supposedly the aid and attendance rate...like I said I need to check into this a bit more since it seems I should....should qualify for both but according to the VA 1-800 person, I am being paid at the Aid and attendance rate. I need to read up on this since it doesn't seem to jive somehow. I was awareded the SMC, but the rating decison made no mention of aid and attendance....go figure.

Also, is this supposed to pay for someone to actually aid and attend...I mean it pays for a housecleaner 4 times a week and a guy to mow my lawn, but that's about it....

Like I siad I need to read up on it in CFR 38...something seems incorrect.

I really think that Hadit is the best source for the idea of forming an advocacy volunteer...or, I could establish a new site with ties (a big bold link etc.) to Hadit..if permissable, and we could work from there.

This is in the formative stages so any suggestions are welcome, as well as volunteers.

Someone voiced the concern that it would take too much time, and they were very wise in stating that...BUT...each advocate would only handle as many cases as they think they could...period. We all have lives outside of this. Even someone just handleing 1 case per quarter, or even 1 per year would help 1 person more than is being helped now...

This is NOT a solicitation for money, and I will not do so. If you need to send money, send it to Hadit....they deserve the support and the cost of running something as large at this are exponential.. I will fund this out of my money, since it is my idea. They should be modest, since we will be using the site just to communicate, shift cases etc.

Anyway...chime in, if you would be willing and feel competent to help file a claim. (Honestly any help is better than none, and all you have to do is email one of us who has some experience...we can walk you thru the steps) However, this is a commitment to that claim and that person from beginning to end. Even one case can take a large amount of time, depending upon it's complexity.

Please email me here sixthscents@hotmail.com if you think you would be willing to volunteer....

I need state of residence and an idea of how well versed you are in the claims process and different programs...again we can work with someone who is fairly new as long as they are willing to ask for help.

Also...any suggestions (besides me using spell check...I do on all paperwork I assure you)

Bob Smith