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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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  • HadIt.com Elder

I'm at that "point in time."  I also have a FTCA pro se litigation just starting.  I've been raising issues with my VA claimed disabilities for over 35 years.  And I have some definite CUE claims that I've just begun the process on.

I will be posting my redacted Rating Decisions, a BVA Decision with errors, and redacted supporting documents for the claims of CUE on another thread dealing specifically with CUE as soon as I finish my FTCA filing.

I will also include the VA claims filing concurrently of the 1151 Claim for malpractice.

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