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TDIU, SMS S Opinions greatly appreciated.

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ArNG11

Question

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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4 hours ago, Buck52 said:

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.

I appreciate it Buck, I wanted to put it out there for criticism so I appreciate any constructive critiques.  I am pursuing these claims as I understand which benefits are applicable to my circumstances.

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21 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 bring up a good point with meeting the 5 year cut and I am aware of this.  Depending where I fall on the docket will determine what I need to watch out for.  I am putting a bit too much faith in the safety net of service connection most likely.  Again I am relying on protection of the service connection.  I am relying on my contemporary treatment records to counter a reduction proposal.  Sustained and marked improvement with medical records and evidence is needed for a reduction proposal to stick.  I do believe it is necessary to point out that yes I am opening myself to attack with reductions ,however, I feel confident with the private medical records to counter.

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Stay positive and have a Great Thanksgiving!

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1 hour ago, Gastone said:

Stay positive and have a Great Thanksgiving!

Thanks Gastone,  I do appreciate your input.  My mind goes off in a frantic state to prove my point.  I get easily frustrated and confused.  In looking at previous posts, plus the references to the CFR,  I believe I seriously misspoke.  But what done is done.  I filed, my arguments get shot down, I loose, then I only have myself to blame.

My belief was that I was not going to use the mental rating for the IU, however, although I have a 70% now, does not mean it will hold for 20 years or even 5 years to be honest.  Im basing some of my beliefs in that I can attain what I'm after.   The 60% for my back is what I am going for, however, the left and right leg nerves, I am seeking the 40% on left and 10% on right, also along with that I am seeking the service connection for both bilateral hips, both at least 20% give or take, each due to the torn labriums.  Then at least a 20% on the C spine.  

IVDS/L1   at 60%

Left nerve 40%

Right nerve 10%

Left hip 40%

Right hip 10%

C spine 20%

GERD/IBS 30%

Hypothyroid 30%

Left knee 20%

Right knee 20%

The serious gambles are service connection for apnea at 50% which may not fall through. Both bilateral hips are somewhat of a gamble as well. Even with two IMO/IME's 

Seeking service connection for the neck, back , (left hip) * (right)*  hips, left nerve, right nerve from the HMMV accident Is my ultimate goal.  The hips are what I lack to get service connected.

The combined rating on all those items would gather 90% (89.632 %) according to disability calculator divided by 5 disabilities. If I am successful on the right hip then the combined rating would be divided by 6 disabilities .(90.6688%)

The mental and back ratings are the ones if I am forced to pick the disability that renders me IU.  The back is my safest bet to get there.  IVDS caps at 60% and then secondaries . I am trying not to use the mental ratings as the IU qualifier. However, I am not going to pick between the two if I don't have to. But if I must I would try to use the back then fall back on mental rating.

This is why I stated I am taking a gamble. Of course my paranoia and reading too much into things might be distorting my reading of the regulations. Not too forget K.I.S.S (keeping it simple stupid). but I think I really already screwed that one pretty much.

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All the same, after that convoluted mess from above, I do wish you and yours and the rest of the folks a Happy and Safe Thanksgiving.  

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On 11/22/2017 at 1:15 PM, 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.

I had a proposal for reduction on a sc rating I had held for over 8 years (which had substantial va records to hold that rating the entire time up to the proposal to reduce to include my husband being trained to give me injections by the VA for my migraines because they are so severe) after filing for housebound/aid and attendance (which was filled out by my neuro and my pcp) when I was IU PT.   The VA doesn't follow their own rules.  I had it stopped but the stress and bs it caused me was beyond ridiculous.  A GP doctor from QTC gave me a 90 second exam and said my migraines were so much better the VA proposed to reduce them from 50 to 0, the RO didn't even bother looking at my VA records.  Incompetence abounds within the VA ROs.

 

Edited by seminoles
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