More Advice Or Thoughts?

[jefmil50]

Well I am glad I made your day Asknod, you probably needed that laugh. Just your response made me laugh, maybe not as hard as yours but a little though.

[FormerMember]

No offense, sir. I merely worry about VSOs. Some are outstanding with really wonderful, knowledgeable representatives but most are not. I went 0/3 before I won on my own. I didn't even have Hadit to do it with. I didn't even know it was here. This is like having Cliff Notes for a PhD. You will never get steered wrong here as long as you are willing to hear everyone weigh in on the problem. Never arrive with an eight hour deadline to begin strategizing. A matter as simple as getting the evidence in front of the rater to see (and figure out) is 95% of VA's problem. It's like the Beatles song Helter Skelter. VA doesn't know what their right or left hand is doing. Winning often is the confluence of events where everything ends up in front of a DRO or a BVA staff attorney and there is that light bulb over the noggin moment. And you win. But not one moment sooner.

Every Vet who wins gives me a little laugh. Every widow I help get her DIC makes me smile. Every last one of you who prevail makes me proud as hell to know you stood your ground. It took me 21 ++ years but I was stupid. I honestly believed VA was my Best F********* Friend. That's what my VSOs told me. Theresa began this site on that same premise. Share and Learn. I began to help those who were dying from Hepatitis C they got in the service. Far too many die waiting. Every one of you who wins is a different outcome from the VA normal. It proves you weren't lying. Best of Luck, sir. And keep a smile on your face. You're better and far more honest than them.

[broncovet]

I have looked up and posted on VSO charter's before. Feel free to do it yourself and find out what I found out: In VSO charters, they pledge to cooperate with VA. Regardless of what VA tells us, VA is our adversary, that is, our opponent. They have a "vested interest" in ensuring that we receive a low a benefit as possible, at the latest effective date. The reason for this, at the end of the physical year, the VA execs can then say..."ok, we had money left over from Veterans benefits..how shall we divide up the exec bonuses?"

As long as you fully understand your VSO is sworn to represent your opponent in law, you will do ok. The good part of this is that some VSO's dont know the charter and are actually there to help Veterans. Usually, tho, the big VSO bosses (who earn about 300k plus per year) usually straighten them out if they are too Veteran friendly.

Asknod and I have found this out the hard way. I am fairly certain that we both applied for benefits, and both of us were denied. Then, we appealed. The appeal was granted and the RO implemented this and gave us a big fat 0 percent for our trouble. (This is the way mine happened, for sure..Asknod's was similar, but he speaks well for himself). Both our VSO's told us...heck, dont appeal the 0 percent..they could take away what you have and you would be left with nothing. Huhhhh? Gee, I thought 0 percent was nothing! "Oh, no," the VSO replied. "You got your foot in the door and you can ask for an increase."

Edited March 31, 2015 by broncovet

[jefmil50]

I thank you Asknod and Broncovet, you two have opened my eyes more. Here is what I got to add.

These are my Original disabilities I am already recieving which has giving me my current rating of M + k:

loss of use of right arm due to multiple sclerosis 70% Service Connected

01/16/2001

loss of use of both lower extremities due to multiple sclerosis 100% Service Connected

06/15/2007

Also have a K for loss of use right hand due to multiple sclerosis which goes back to 2003
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This is what came up on E-Disfuntional Benefits. The EED on these I will dispute after I recieve my BBE on what ever
finally shows up. I do not believe adding these new ratings alone will give me the rating that I am trying to achieve which is at
least SMC "O" or "R-1"? I have no idea at this point.

New disabilities showing:

neurogenic bowel
10% Service Connected 03/17/2014

left upper extremity weakness
30% Service Connected 03/17/2014

insomnia with hypersomnolence
30% Service Connected 03/17/2014

erectile dysfunction
0% Service Connected 03/17/2014

neurogenic bladder with urinary urgency due to multiple sclerosis
30% Service Connected 09/05/2014
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I do not see the 1 listed there for, suprapubic catheter (secondary to: urinary urgency due to multiple sclerosis) , listed
on the new disabilities given a rating. As you can see it is on the 526 EZ form I submitted. And if that gets added to new disabilities that should put me to the R1 I think?. You can see below that it is rated 100%.

**************Continued from block 9 21-526 EZ
Increased Disabilities:
1. urinary urgency due to multiple sclerosis
Secondary Disabilities:
1. suprapubic catheter (secondary to: urinary urgency due to multiple sclerosis)
**************End continued block 9 21-526 EZ
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Title-38 Chap-1 Part-4 subpart-b

4.115b Ratings of the genitourinary system—diagnoses.

7516 Bladder, fistula of:
Rate as voiding dysfunction or urinary tract infection, whichever is predominant.
Postoperative, suprapubic cystotomy 100%

[broncovet]

Im gonna let Asknod opine on advanced levels of SMC..I already made one blooper on that one. However, I have done considerable study on effective dates, and will do my best to help there.

I have to say there is some "grey" area there. You see, SMC is inferred, and you dont have to apply for it. However, the effective date regs say your effective date will be the LATER of the date of claim or "facts found". The question is what is the effective date when its inferred? I would have to intuitively think the effective day would then be the "facts found", since the date your date of claim would not apply to SMC as its inferred.

That issue probably warrants some case study. Just knowing VA, they always seem to try to dream up a less favorable effective date than I ever thought possible.

[jefmil50]

Well that last one, neurogenic bladder ect should go back to 03/17/14 like the others, because there is proof in myhealthvet records of increased problems with my bladder. I already had that one and my bowel at 20% and now they have been increased to the max 30% for both. Hope that helps some? Thanks.