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jfrei

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I almost gave up with this SMC claim issue filed 4/14/2017 here’s the run down. I was sent for an aid and attendance c & p on August 30 then they said a week later you forgot you withdrew the claim is week later in April in 2017. Aggravated I said why would I go if I thought I withdrew  well the decision they gave me was no decision due to the withdrawal but said if it wasn’t done file a reopen/reconsideration in 30 days so I had to file     A paper version at the RO since ebennies was down for maintenance. The person there instructed me to also file online and submit all the evidence I had and they would combine then and close the other claim as a duplicate. So 9/11 oddly was closed into the 9/14 claim with the same exam they closed the first claim from 4/14/2017. This is where i start to give up until I call the Whitehouse hotline who directs me to the VBA. She was polite I said I know I can’t ask you about the decision but can you tell me what I was missing that a positive decision would have been. She laughed well I can’t say but I think it maybe you need a 21-2680 application. I was frustrated because I asked the examiner of my aid and attendance exam she said it’s not needed but low and behold the decision states they couldn’t find an application in my records so they have to deny i recieved on 10/3. But the woman from the hotline sent me the application put a note in the system to give me two weeks before the decision is final on 9/28 so I was beyond made it was closed the day my doctor filled out the application on 9/2. I fill at times my head is going to blow so I then entered and reopened the same claim for a 4th time with the C and P exam and the application filled out by my doctor hopefully this is it I really am done driving my family crazy with this tedious VA knit picking my claim. Anyone else feel Alittle insane with the VA?

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Yes, most of us do.  The VA goes around looking for glitches to our claims, if they cant find one, they make one up.  I will tell "just one" of my many glitches.

In 2002, I applied for TDIU.  They never adjuticated it at all until 2009 (seven years to process a claim?) and, even then, said it was "moot" because I was awarded 100 percent.  I appealed.  Sure enough 4 years later, the Board (in 2012) agreed with me that TDIU was not moot because I could get SMC S or an earlier date.  

The VARO sits on my claim for 3 years and fails to implement the Board decision until I scream bloody murder.  They finally deny.  I appeal, and finally, 15 years later, in 2017, get awarded TDIU but at the wrong effective date.  I am still in appeals of the effective date, where they put it in 2004, when I applied for, and was unemployable, in 2002.  Glitch after glitch after glitch.  Like yourself Im am very tired of fighting VA.  

Oh, and of course, they messed up SMC, which Im also fighting and that is in RAMP.  

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yeah just received the decision not enough records for aid ad attendance which the RO and the VBA said I needed a 21-2680 filled out by my doctor which was what they wanted not the C and P they sent me to labeled for aid and attendance. But my doctor said he really never filled out one for so he just wrote the 5 dxs the C and P listed OCD, PTSD, sTBI, and migraines. Very little else in the form of what he was checking off other then checking off the need for medication management and preparing my own meals. So instead of waiting for this denial anyone have anybody licensed who knows how to fill one of these application out by reviewing my records? hopefully I can have it done and submitted soon 

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On 10/9/2018 at 4:53 PM, jfrei said:

yeah just received the decision not enough records for aid ad attendance which the RO and the VBA said I needed a 21-2680 filled out by my doctor which was what they wanted not the C and P they sent me to labeled for aid and attendance. But my doctor said he really never filled out one for so he just wrote the 5 dxs the C and P listed OCD, PTSD, sTBI, and migraines. Very little else in the form of what he was checking off other then checking off the need for medication management and preparing my own meals. So instead of waiting for this denial anyone have anybody licensed who knows how to fill one of these application out by reviewing my records? hopefully I can have it done and submitted soon 

I filed for A&A and SMC T for a TBI on 22JUN18. I just found this forum so this is my first post. I AM 100% schedular but only 50% PTSD/TBI, so I also asked for an increase.

I have had two C&Ps and now am in "Review of Evidence". Has anyone here had any traction getting SMC T for a TBI?

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1 minute ago, broncovet said:

Paradigm Guy:

    Please ask your question in a "new" post, you will get more answers to it.  I know you are new, and would answer  your question if I had a great answer, but I do not.  

Will do. I thought that it might be helpful to ask in a thread that already discussed TBI. But I'll look for the right area and will make a new post.

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