TDIU, SMS S Opinions greatly appreciated.

[ArNG11]

I wanted to ask and receive input on the wording of my last form 9.  Any suggestions or critiques would be greatly appreciated.

"I disagree with the 02172016 decision.I disagree with the evaluation fo the neck injury as medical evidence of symptoms and severity are greater in degree than the 10% awarded. 20% would satisfy my appeal. I disagree with the effective date of the neck injury.  The injury was sustained in service and was a result of the HMMV ejection that occurred in the line of duty. I contend the VA had the DUTY TO ASSIST me in developing and including the neck injury as part of my initial back claim 08/02/2012.I disagree with the Special Monthly Compensation.I am housebound, my service connected injuries prevent me from being substantially gainfully employed. While I can leave my home for medical care I cannot leave my home for substantial gainful employment.I also contend that my injuries are permanent in nature and are not likely to improve.I contend that this would qualify and classify me as totally and permanently disabled.I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might and could make in deciding this appeal.This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

I feel this is complete, however, I wanted some opinions on the wording if possible.  Never give up. Slow is smooth and smooth is fast.   

Thanks in advance.

 

[Navy04]

Great advice given above and ur letter is pretty spot on.  I qualify for A&A, as my wife is my VA caregiver.  I do not like dealing with the VA, so I just submitted a FDC claim yesterday to make my PTSD 100%, and get SMC S.  I had a VA filled out DBQ, which is the first time I ever had a doc actually fill one out. I just hate the stressful process. Looks like u r going n the right direction.  I truly wish u luck my friend.  Keep us posted and God Bless. 

[Gastone]

Arng. keep in mind all IU Awards, even those given an initial T & P No Future Exams, can be reduced for cause at some future (Pre 20 yr) date. If you were to file a New Claim or request an existing SC Increase (In search of a 100% CSC), you open all SC's held for less than 5 yrs to an immediate reduction proposal.

That could and possibly would affect your IU Rating. A Nam buddy that was IU T & P based solely on his PTSD 70%, filed a Housebound application 2015. It was Denied and his PTSD was reduced to 50% supposedly after a review of the initial Award. He lucked out, at 73 the VA decided not to pull his IU Rating.

Another Nam Vet I posted about last month, IU T & P NFE since about 2014 recently filed a New Claim trying to get an AO future Presumptive for his 24 yr old daughter. Not only was he Denied but he also received a PTSD C & P which prompted a PTSD Reduction and IU Loss notification. He Appealed within the 60 days, but the guy (74) is beside himself facing a possible IU loss.

Of special note, because he hadn't held the PTSD or IU Rating for the 5 yr Cut, the Rater could use just the most recent C & P and review of recent VMC Clinician Treatment Notes to Rate and Reduce him.

[ArNG11]

On 11/21/2017 at 6:31 AM, Buck52 said:

It sounds good to me Mr A

but you should take  the'' I'' out as your opinion because your not a Dr  so word that  differently as what the Dr's have written in their report about all your s.c. disability's.

use ''according to'' regulations CFR # (CITE THAT REGULATION BACK TO THEM) as broncovet suggested.

when we say or give our opinion to a medical fact its just considered as medical opinion/speculation.  You can say what you did  but following that up with'' and according to'' CFR Regulation & (cite that regulation.)

other than that

Your appeal disagreement sounds ok to me.

 

Roger that Buck. The wording is what I am most concerned with writing it up.

[ArNG11]

4 hours ago, Gastone said:

Arng. keep in mind all IU Awards, even those given an initial T & P No Future Exams, can be reduced for cause at some future (Pre 20 yr) date. If you were to file a New Claim or request an existing SC Increase (In search of a 100% CSC), you open all SC's held for less than 5 yrs to an immediate reduction proposal.

That could and possibly would affect your IU Rating. A Nam buddy that was IU T & P based solely on his PTSD 70%, filed a Housebound application 2015. It was Denied and his PTSD was reduced to 50% supposedly after a review of the initial Award. He lucked out, at 73 the VA decided not to pull his IU Rating.

Another Nam Vet I posted about last month, IU T & P NFE since about 2014 recently filed a New Claim trying to get an AO future Presumptive for his 24 yr old daughter. Not only was he Denied but he also received a PTSD C & P which prompted a PTSD Reduction and IU Loss notification. He Appealed within the 60 days, but the guy (74) is beside himself facing a possible IU loss.

Of special note, because he hadn't held the PTSD or IU Rating for the 5 yr Cut, the Rater could use just the most recent C & P and review of recent VMC Clinician Treatment Notes to Rate and Reduce him.

You are absolutely correct.  Depending when my claim is in front of the Judge will greatly determine the VA next move.  I not only agree but am absolutely counting on the VA trying to reduce one, some of all my ratings.  That's where the SS doctors opinions, my private providers opinions, vocational specialists,  the Judge's Social Security decision will come into play. While they must not abide by those decisions the favorable evidence to my claims cannot be ignored.   At least that is my plan.  I also have medical experts opinions that the fusion surgeries for my neck and back may not help but actually worsen those conditions.  It is a big gamble on my part.  I do not recommend this course of action nor can I even advocate for any it.  This is just me and specifically to my circumstances and state of mind.

I believe I want to state very clearly, that I would not recommend going head to head with the VA unless you have medical experts testimony and plenty of medical evidence not only corroborating your contentions but absolutely confirming them.  My emotions and ego may be the end of me, but, I haven't lied or broken any regulations and laws, I'm out to prove that the Veterans Administration has.

Also when VA docs do and  will opine that my conditions have improved, that alone cannot be used for the purposes of reducing my ratings, sustained and marked improvement, may I add, not only from just one source (only VA hired docs). 

In any case I am glad you and others bring these pointers and facts out.  A claimant has to be aware of how dirty the VA will get and how to fight against those attempts to belittle your claims.

[ArNG11]

On 11/21/2017 at 6:31 AM, Buck52 said:

It sounds good to me Mr A

but you should take  the'' I'' out as your opinion because your not a Dr  so word that  differently as what the Dr's have written in their report about all your s.c. disability's.

use ''according to'' regulations CFR # (CITE THAT REGULATION BACK TO THEM) as broncovet suggested.

when we say or give our opinion to a medical fact its just considered as medical opinion/speculation.  You can say what you did  but following that up with'' and according to'' CFR Regulation & (cite that regulation.)

other than that

Your appeal disagreement sounds ok to me.

 

Roger that Buck.  definitely don't want to the "I" thing and pass it off as medical opinion.  A big copy on the according to the "CFR...."   

[Buck52]

Mr A

it may or maynot be that important, but just depends a lot on what type of rater you get, some raters will find anything they can to deny.

Just thought I'd mention it

your over all disagreement sounds great.