SMC?

[Bluntly]

I am currently 80% IU p& t with 2 appeals still currently active. One is at the board and the other one is having a dro review. The one at the board is a TBI appeal and my dro review is a increase for migranes, which is currently 0%. My question is if granted the max for migranes which is 50% will this open me up for any SMC?...

Current ratings are as follows 70% for ptsd, 20% for left shoulder strain, 10% for left ankle sprain and 0% for migranes.

[Bluntly]

I just cant thank u fellas enough on the wealth of knowledge u added to this post appreciate the insight. I will keep you guys updated on my process, and yes my IU is based solely from my ptsd.  

Edited April 14, 2019 by Bluntly

[Bluntly]

Update....Had my C&p exam on the 17th and it turned out to be a neurology exam. This was the same Dr. that did my TBI exam and this time asking specific questions pertaining to my headaches. Just thought this was usual because when i had my migraine exam in 2018, I didnt go see that same Dr. and same location. Hopefully everything works out in my favor and you hadit members continue to prosper. Just wish i didnt try to read into much of the VA process as much but sure will keep you men and women updated on my results.

Edited January 20, 2020 by Bluntly

[FormerMember]

Back in July, I had a Vet go in for an increase on his 50% PTSD. This has been a long fight from 2017 to now from 70% all the way to IU in a sheltered work environment and now for SMC S. VA has fought me like a rabid dog at each turn.

The doorgunner jumped out of his Huey gunship at An Khe in 69 to run across the PSP for a smoke while they did a hot refuel. He got t-boned by a M 151 jeep going 35 MPH. He woke up at Camp Zama about a week later. He got out of Beaumant in Texas about a year later and signed up for a new tour in... Vietnam. Three choppers shot out from underneath him in three years In 2016, he'd fought for his TBI up to  70% but VA wasn't buying any more things like Tinnitus or headaches. After the exam (this time by a shrink (not a neurologist), Dr. Judas declared  he could not distinguish the boundary where his TBI symptoms were also being  compensated  for by his then current PTSD at 50%. VA pulled a fast one. They wrapped both the TBI and the PTSD symptoms all together and called it TBI. Whoosh! There went a 50% bent brain rating up in smoke. I guess I don't need to tell you folks but that's against the law at all 57 Fort Fumbles across our fruited plains absent a heapin' helpin' of §3.344 due process. They could have called CUE on themselves- but they didn't. I carefully reread the QTC shrink's note and it said the agoraphobia was the only mutually overlapping symptom. Now I'm sitting on the Group W bench at 1425 I street waiting for a face-to-face hearing date.

VA has been told to tighten up the budget to make room for our new 88,000 Blue Water 12-Miler Club alumni. Expect to see a lot of this: "Oh, my. It would be pure speculation on my part as the VA Examiner to say which is which. Giving the Veteran the benefit of the doubt, VA is not going to  reduce your rating. We'll just combine a few under §4.124a  DC 8045 with a few of the ones from §4.130 DC 9411, rename it 70% as residuals of TBI and call it good."  Bye Bye, PTSD and SMC S  and a whole lot more later when you need it for a SMC P combo. Expect to see a lot more of this.

I like to remind you Hadit folks. When some Asst. Veterans Service Center  REMF calls me up and gets all cuddly with me and says 'we just want what's best for your client', right off I put my wallet in my front pocket...deep, hang some trip flares from the concertina, cock the Pig, get on the horn and scream 'DEFCON I' RFN. If you dawdle 30 days or more without pitching a b****h, VA considers that implied agreement with their actions. 

To avoid the due process problem, they'll throw in an increase for something else from 10% to 30% so it doesn't hit the trip wire provoking a §3.344 action notification. Sound complicated? It is. This is far more than a lot of you folks are taught. Read your decisions word by word. That's where I find their errors. Often, it's what isn't discussed than what is. It's been called implicit denial. It's invisible. You can't see it. Welcome to the VA poker game.  

[broncovet]

Implicit, aka, deemed denials, are "one big travesty of justice" the VA gets away with the courts blessing.  38 CFR 3.103, which specifically prohibits deemed denials, has been disregarded by the Court.  I am not sure how or if this can ever be fixed but I sure would like to see Mr. Carpenter, or Mr. Rozinski, or Mr. Chisholm take that one up to the Federal Circuit, or even higher.  Deem denials are not rocket science, and 3.103 is unambigious:

Do any of the laypeople here, think this regulation supports a deemed denial:  (A deemed denial is when Va adjuticates "issue A" but does not address "issue B".  This means the VA gives the Veteran "the benefit of the doubt" and that issue b is awarded, right?  Wrong.  Its denied.  The government is given the BOD).  

 

Quote

 

3.103 Procedural due process and other rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. 

 

 

[Bluntly]

Just got off the phone with Peggy and my DRO Review for migraines is "Pending Final Review" is what she said and it is good news. She then asked to verify my address, so i guess the wait is almost over.

[blahsaysme2u]

keep us updated!! excited for you buddy