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TDIU, SMS S Opinions greatly appreciated.
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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.
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ArNG11
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
john999
I think you need and want medical evidence to support every contention you make. The VA will say any secondary conditions or new conditions not presumptive or supported by medical evidence is just sp
ArNG11
Good point seminoles. Insight is greatly appreciated. I don't worry too much than I should on VA's medical opinion's as I can easily counter with contemporary records, however, I do see your point.
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