Shot Down Again By Varo

[dav_marine72]

Again my VARO instead of following the law that states they should try to give us all benefits and pay us the maximum the law allows from our evidence shoots me down again. This time they denied me A&A. Of course this has an element of a judgement call to it so that means they screw me as always.

Even though the law states you do not need to meet all the criteria of A&A but to consider the Veteran's disability as a whole I was shot down. Granted I only rated on the danger to my environment criteria but I've found many awarded under this same element.

Here was my C&P examiner's diagnosis:

Chronic pain secondary to failed L3-S1 fusion requiring increasing doses of narcotics that has resulted in confusion, dizziness, and problems with balance. PT needs 24/7 supervision from his wife because he is at risk of injury to himself, and reports damage to their home as a result of some of the things he has done (leaving the water running, burning the heating pad.) PT reports being homebound because of chronic pain and panic attacks. PT has mod/severe functional impairment as a result of decreased ROM and sunbjective complaints. PT is currently unemployed and his wife takes care of the finances.

My VARO however contended I did not meet all the criteria for A&A.

However the regs clearly state:

It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.

So stating I don't meet all the criteria is a bunch of crap. I am so tired of fighting these people. Until because I am a Marine I have fought and not blinked an eye. Now with 10 service connections and 9 active appeals, 4 since 2000 I just don't want to fight anymore. Not only have I lost the ability to work sinking my pride lower and lower I now have to be kicked on a regular basis by people I'm sure that think I'm a scammer or something. I'd like them to feel the severe pain 24/7 I do and see the look on their children's faces when you tell them you can't hold them because your back and legs hurt so bad. I just can't take this shit anymore.

[broncovet]

DAV..

Yes, hang tough. You are right about the VARO's awarding the minimum possible..at the latest possible effective date. They interpret the "benefit of the doubt" to mean they "doubt that the Veteran should get any benefits".

"Favor the Veteran" to them means "forget the Veteran"....just leave his claim in the million claim waiting pile and make him wait. I think some people think the "million claim backlog" is an exaggeration...sort of like "I told you a million times not to do that". However, if the VA's past manipulation of the numbers is any indication, the backlog is probably more like 5 million Veterans waiting. Remember, the Va deceives the public into thinking Vets get their benefits in about 180 days, which is outright false because fewer than 50% of claims are granted on the first decision, meaning that most Vets have to appeal, which, in reality, means that most are required to get on the hamster wheel for 4 to 8 years before they get their benefits. Why should the VA have to have "special regulations" when Vets get 10 year Retros over $250,000? That is because for a Veteran to wait 10 years on his benefits is not all that "special"...its downright criminal. If those VA execs had to wait 10 days on their check, heads would roll. But Veterans are supposed to wait 10 years, and not go nuttier. Ok..sorry about my rant.

[Berta]

DAV Marine -did the VA fully apply Bradley V Peake to your HB or AA claim? Or did they forget to read their own regs on this:

http://www.hadit.com/forums/index.php?showtopic=32820

Everything they had as evidence but failed to list as evidence or refer to in the SOC can be used to support the reconsideration request,

[dav_marine72]

Thanks for the link Berta. No they did not mention it even though I pointed it out to them. These days they flat out do not answer anything I ask them. With the P&T I stated if you feel I am not P&T please explain the medical evidence you have which favors me not to be ---------- no answer in their letter except, the Veteran was 100% temp from March 2009 to July 2009 based on an L3-S1 fusion. We expect this condition to improve so the 40% rating found for the Veteran's back during his TDIU exam is temporary.

With Housebound and A&A. I referenced Bradley vs. Peake. I also told them if they felt I was TDIU from multiple SCs could they show medical evidence proving that my back was not so disabling that it alone rendered me TDIU. Hence leaving Mental 50% + Asthma 30% + Right 10% = + 70.

Then I asked if they did not agree with the back being my cause of TDIU (which it is because after my last surgery I haven't worked since) why didn't I rate on housebound and not the 60+ which is the only criteria they considered for SMC (s).

I recieved no answers to any of these questions. Trying not to act like the VA is out to get anyone is very hard with no repsonses. The VARO know that because they are not addressing my issues properly the BVA will almost definitely remand. So yes down the road I will win someday. But why the hell should we have to wait years and years because of incompetence.

I love how my VARO sat around and had enough time to take away my P&T but apparently responding to direct questions posed in my NODs does not require their time.