Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
jamescripps2

Am I there yet?

Question

Yes I am there. My appeal only took eight months. In October , 2015, I was awarded loss of use of a hand and a foot and got the vehicle grant w/adaptive equipment and the SAH grant. I appealed that decision because upon any new 100% grant the VA is obligated by statute to consider A&A as an inferred issue and they failed to do that.

In December 2015, I appealed the decision because A&A was not considered as an inferred issue. My contention was,  I was awarded SMC "L" for loss of use of two extremities in the decision.  Had the VA considered A&A as an inferred issue at the time of that decision as they should have, I would have qualified for regular A&A. An A&A award is also a SMC"L" award. According to 38 CFR 3.350 and USC 1114 if you are entitled to two separate ratings between L and N you qualify for the "O" award. In my case I have two awards at SMC L that qualify for SMC "O". The A&A automatically goes to the R-1 rating if you obtain the prerequisite "O".

I got eight months retro but will appeal the decision for an earlier effective date of January 2011, the date that the loss of use claim was filed. More later.

Edited by jamescripps2

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

This is great news James, I hope other veterans read up on some of your post that is eligible  any type of SMC.

Good Work!!!

Share this post


Link to post
Share on other sites
  • 0

I don't mind telling you that my strategy and resultant award was in large part due to some excellent advice given to me by Alex Gram, aka Asknod. The whole thing played out and is documented over on the SMC "M" thread. There are not many people who understand the SMC regulations enough to carry on a decent conversation on the subject but Alex has a pretty good handle on it. Thanks a million Mr. Alex Gram, you make a difference!

Without a call to the Veterans Whitehouse Hotline I would still be waiting for my appeal to be certified to the BVA. I owe Mr. Trump for that one!.

Share this post


Link to post
Share on other sites
  • 0

Good job (again) Alex...and Mr. Trump.  My question is why did it take so long to have a "white house Hotline" for Vets?  Most of the problems we see here are hardly new, and VA should have provided their own "custormer service hotline" so the white house does not have to.  

To have to call the white house for action reflects exceptionally poorly on the VA.  They should be embarrassed when the president has to intervene, it indicates the agency is lacking in doing it themselves.  

Share this post


Link to post
Share on other sites
  • 0

My father gave me one piece of advice that I've borne well, I hope, James.

"Son, you haven't experienced life until you have done something for someone with no thought of recompense."

While I'll never fill his shoes, his actions and words inspire me every day. I'm very honored to be entrusted to do what I do. 

 

Lt. Gen. G. M. Graham.jpg

Share this post


Link to post
Share on other sites
  • 0

My August 2017 grant was for SMC "O" and  A&A at R-1. It was a partial RO grant on my appeal. In the appeal I asked for the "O" and R-1 with a effective date of Jan 1, 2012, that being the date of the claim.

I did not claim A&A when I filed the 2012 claim. My contention is that the VA is mandated to consider and infer A&A upon any new 100% grant. If A&A needs to be developed based upon the evidence then the rater should invite the evidence to support the claim as it is the duty of the rater to maximize benefits. In the decision of December 2012, I was granted loss of use of a hand and a foot at SMC "M". I was granted the automobile grant with adaptive equipment and the SAH grant. A&A was not invited, considered or inferred by the rater upon that decision.

My contention is that A&A should have been considered, invited and inferred based upon my profound heart disabilities at the time of the earlier decision. Lately, August 2017, I was awarded the "O" and A&A at R-1 based solely upon heart disease. My heart disease that the A&A grant was based upon in the 2017 grant is exactly as it was in 2012 when the claim was filed, nothing has changed. My cardiologist states that there is no significant change between nuke stress test of 2012 and 2017.

I was paid retro for eight months instead of the sixty eight months that would have been due if the mandated A&A had been inferred in the earlier decision as I contend that it should have.

I have been given the option of withdrawing the request for the earlier effective date or doing nothing thereby letting the claim be certified to the Board and the EED date be adjudicated by the BVA.

Heart problems alone, in evidence of my C file and as noted in my VAMC records at the date of both the earlier decision of 2012 and latter decision of 2017 are as follows.

Chronic Systolic Heart Failure, Hyperlipidemia, Warfarin indicated, Biventricular automatic implantable cardioverter defibrillator, Chronic atrial fibrillation, ischemic congestive cardiomyopathy, Ventricular Tachycardia, Post CAGB 1997 and implanted stents. 

I think that I need to let it ride and take my chances of an EED at the BVA. It may not take too long with the President having signed the Appeals Modernization legislation today.

Any ideas or opinions on my chances of winning the issues of A&A as an inferred issue and the EED as a result would be welcome. Retro, if I win would be paid for 68 months vs 8 months as it now stands.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines