VA always prolongs the inevitable

[jfrei]

I filed for SMC last April and wasn’t even on my ebenefits until my headaches went in for an increase. No Money rewarded but knowing that I rate at the least SMC L backdated 16 months makes me happy after my OCD research kicked in I have my exam Thursday and every C and P for my TBI cites I need my wife she’s my memory for just about everything, would that be enough evidence? From turning off the stove to using a gps if we are driving together to brushing my teeth at night. I’m done being embarrassed this will help her with everything just wish we would rate T but the requirements is being L...

[FormerMember]

You need a doctor to actually attest to that. Your wife's statement is probative lay evidence but not "medical evidence".

[jfrei]

I have 3 c and p doctors all say I rely on my wife everyday as my memory is horrible also have a neurologist in my neuropsych test state that and my also the stress we face because of my cognitive impairment and memory causes her undue hardship...luckily that same day my psychiatrist appointment can write it if I ask him not sure exactly how he should word it? He’s actually written something similar last year in my records just have to find it somewhere it’s not even her statement it multiple doctors I have at the VA I had one doctor lose her cool with me said I can’t understand how your wife hasn’t left you yet... 87 appointments in less then 2 years at the VA

Edited August 28, 2018 by jfrei

[FormerMember]

The doctor has to pronounce the words in haec verba "Mr. J Frei is so helpless as to be in need of the aid and attendance of another." Some of the other things he could mention you can't do or are impaired in are:

§3.352(a):

(a)Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.

Got the Picture?

Edited August 28, 2018 by asknod

[jfrei]

Crystal thanks so I understand this would most likely be for SMC L but what if he mentions it’s due to my residuals of my TBI, and other related disabilities related to my TBI. Would this still just be for L or when does t come into question? And does it necessarily have to be a VA doctor? Or IMO?

Edited August 29, 2018 by jfrei

[FormerMember]

T would be for application if your injuries were not permanent and total such as a 70% rating for a TBI /§4.124a rating under DC 8045. Sometimes VA cheats and just says PTSD/70% and SMC T for about 24 months and then poof!. No more T. T stands for Temporary in this game.  The funds come from the VHA and they are doing this ratings game- not the VBA "Examiners". That means a registered nurse is your "T" executioner. 

Don't try to improvise or use some, but not all, the magic words. Do not dodge the intent of the regulation. VA doctors are not really supposed to do this but some do. Right now, they are almost job-proof  because they are understaffed. If they were flush, the offenders could discover their  upcoming contract wasn't renewed.