Struggling To Decide

[GlassRose1500]

Looking for your thoughts please. I was very fortunate - I received my Bbe today and the early news I got from my DAV Rep was confirmed, 92% (90) scheduler, paid at 100% for IU, Permanent and Total.

I am so grateful and relieved. A big part of me feels like I should let any remaining issue go because I don't know if I have the strength to tackle them, esp. when the big picture says comp at 100%. AND it would be one more (or several more, depending on how the above would have to be tackled) action for the system to have to grind out. Getting in the way of other claims for folks still fighting for what they need. What they deserve.

Would appreciate your thoughts.

• Unadjudicated issues
  • Right lower extremity radiculopathy (from 07/11). If adjudicated according to the same evidence present for the right lower extremity would likely be 20% and a bilateral factor. When I asked my VSO about it in 2012 they said it must have been rated at 0% - and I was completely uneducated about it then. I now see that it was not rated - not addressed in any of the award documentation, but clearly addressed as a claim in the original claim.
  • Aid & attendance (from 01/13)). Strong VA Home Health Care evidence. My VSO put in a pension claim in April of 2013 (on top of the claim that just completed), and then promptly retired. The new VSO said hell no get rid of that, so I called and had them withdraw it. In the Bbe today it shows they withdrew pension AND Aid and Attendance. But said I had a year to tell them I would rather have had them adjudicated it.
• SCM related to
  • aid & attendance and
  • one impairment at 100% (MDD 70% and basis of IU) and the other unrelated impairments adding to greater than 60% - Kind of a big deal if = SMC L or L.5 as the DAV Rep felt it should be

• An error in the rating for Migraines based on the language in the decision itself (the Bbe Reason for decision described headaches as averaging once per week - which is accurate and well documented - but in the next paragraph rated at 30% due to frequency being not greater than one per month).

• Reduction in knees bilaterally from pain 10% and instability 10% to pain 10% but instability 0% based soley on C&P but with a large volume of VA records that say the contrary plus a ratable range of motion restriction from the C&P (limited to 45 degrees on left knee)

All of these issues are probably achievable with the potential benefits being a schedular 100, SMC L or higher, and no need to complete the yearly "I'm not working" form. There is some risk that tackling them with anything other than a CUE could open things up again, and as I've seen personally, reductions are possible. Recommendations?

Edited November 24, 2013 by GlassRose1500

[aggie54]

GlassRose, First, let me the first to Congratulate you. Job well done. Secondly, If this was me, I would leave things alone lol, with the VA you never know what could happen second time around. When I received my 100 P&T yea there were things that I didn't agree with, but, I didn't want to seem ungrateful, so I decided to live with their decicion. I'm getting a bit to old to spend another year or so with the pressure and stress once again. Anyway once again congrats on your win. Now just relax and enjoy your retirement.

Semper Fi

Aggie

Edited November 24, 2013 by aggie54

[Philip Rogers]

If it were me and you consider them valid claims, I would pursue them. Don't worry about others. Remember, it's the VA's fault, not yours. You can take a short break, if you'd like, since you have a yr but don't miss any deadline. jmo

pr

[john999]

I would pursue them if it means money. You can hire a lawyer and let them fight the case. The lawyer could advise on CUE chances as well. By pursuing SMC's after I got P&T I got an extra $400 in my paycheck each month. I am pursing a CUE now that may put many thousands in my pocket. I got a lawyer for that one. I think the best defense for your benefits is a sharp offense.

John