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Search for Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury
This is an amazing story. I got a Vietnam Swift Boater (Dan) R1 last year. Sadly, he passed in early January. They got almost a year of R1- $93,600 -before he passed.. This Vet's wife (Dan's daughter) came to me in early December and asked me to help her. Seems the VFW in Arkansas doesn't understand SMC very well. They said her husband was maxed out at SMC M. But of course, they said that before he finally got SMC L. I was honored to represent this 11 Bravo 20 w/ CIB. Two R1s and two Vietnam Vets in the same family. That will probably stand as my personal best. Hoooooo, doggies I do love to litigate. Leave no one behind fellow members. Never.
This is precisely why I chose to become a VA agent. I wanted to make a difference in a few Vet's lives before I punch out.
Some of you will ask how much money I made. $36.75 for USPS Priority mail postage. The Arkansas Puzzle Palace didn't fight my Vet on it nor did I expect them to. Cool beans, huh?
redact R 1.pdf
I was just wondering if my conditions qualified me for smc. I believe i could end up getting am extra 100% rating.
100% Total Combined Disability
You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.
How is this calculated
Disability Rating Decision Related To Effective Date left (non-dominant) shoulder condition (claimed as left shoulder) Not Service Connected trunk injury Not Service Connected abdominal muscle Not Service Connected degenerative disc disease/arthritis of the thoracolumbar spine with intervertebral disc syndrome and history of lumbar strain (previously rated as lumbar strain, claimed as lumbago, upper and lower back, spasming muscles and bulging disc) 20% Service Connected 06/05/2017 radiculopathy, left lower extremity, sciatic nerve
40% Service Connected 06/05/2017 radiculopathy, right lower extremity, sciatic nerve
40% Service Connected 06/05/2017 radiculopathy, right lower extremity, femoral nerve
10% Service Connected 06/05/2017 left knee chondromalacia (claimed as severe bilateral knee chondromalacia) 0% Service Connected 04/15/2014 limitation of flexion, chondromalacia and osteoarthritis, right knee 0% Service Connected 06/05/2017 migraines Not Service Connected carpal tunnel syndrome, left hand Not Service Connected carpal tunnel syndrome, right hand Not Service Connected pseudofolliculitis barbae (also claimed as skin condition) 0% Service Connected 04/15/2014 limitation of extension, chondromalacia and osteoarthritis, right knee (previously rated under DC 5003-5260) 40% Service Connected 06/05/2017 major depressive disorder (also claimed as adjustment disorder with depressed mood; nightmare disorder; depression; and trouble sleeping) 50% Service Connected 04/15/2014 right (dominant) shoulder labral tear, including superior labral anterior-posterior lesion 20% Service Connected 05/02/2015 degenerative disc disease/arthritis of the cervical spine with intervertebral disc syndrome and history of cervical strain (previously rated as cervical strain, claimed as neck) 20% Service Connected 06/05/2017 radiculopathy, right upper extremity, middle and lower radicular group
40% Service Connected 06/05/2017 radiculopathy, left upper extremity, middle and lower radicular group
30% Service Connected 06/05/2017 right knee scars 0% Service Connected 04/15/2014 Pending Disabilities
Disability Submitted Type Actions Lumbar Spine 05/08/2018 INC View Pending Claim Right Knee 05/08/2018 INC View Pending Claim Cervical Spine 05/08/2018 INC View Pending Claim Right Upper Nerves 05/08/2018 NEW View Pending Claim Left Upper Nerves 05/08/2018 NEW View Pending Claim Left Lower Nerve 05/08/2018 NEW View Pending Claim Right Lower Nerve 05/08/2018 NEW View Pending Claim Skin Condition 05/08/2018 INC View Pending Claim
- 100% P&T ( to include 100% PTSD, 70% TBI ) since 2011
- SMC-S with two children.
- two documented neuropsych & forensic workups: TBI residuals well documented, aquired ADHD due to mTBI x3; cognative and social imparements compounded by PTSD.
- purple heart
I need guidence.
I am having a harder time maintining basic tasks. I am relying more on my relatives and children to help me with items such as laundry, house cleaning and such. The wife split and and left me and the children.
I have contacted my MOPH service officer and am waiting to hear back from him. I am trying to figuire out if I should file for A&A or other SMC. I feel like I am barely treading water.
I have read but tired to figuire out SMC -R1 or SMC-T applies...
Fury 1-9 out
I uploaded (last week) some of the decisions my late husband had gotten and Berta spotted a couple CUEs and gave me some help in drafting them. Berta if you are able to help with a few more questions Please?
I have only 2 more days till my year is up from the DIC/Accrued benefits claim where DIC was awarded and Accrued denied saying there aren't any. At that time also, I intended Substitution but the VA form got separated (my fault) and didn't get submitted. I, however, wrote it into the 21-534EZ form and checked it. I also included a cover letter that said explicitly I was substituting for any and all accrued benefits... They didn't address substitution in their decision. Now with the CUEs which aren't an accrued yet, do I need to address those 2 forms immediately before the deadline?
Here are some questions I still have if you could clarify these for me please:
A. Is a NOD for accrued benefits claimed with DIC a year ago needed – to appeal their conclusion that there are no accrued benefits? Would any backpay from these CUEs be considered accrued benefits that I would have to NOD the decision now for?
B. Is Substitution needed to do CUE claims or to receive any backpay on them?
C. What happens when future presumptions of ao are added to the list going forward (as a surviving spouse) does it affect anything I can act on?
1. Conditions claimed before – either rated or denied sc
2. Would conditions listed in the C-File but never claimed come into play ever as a presumptive?
D. If CUE is successful:
1. then qualifying for housebound or A&A will need to be judged and evidence has never been presented before…
a. does the judgement come only from the C-File? And if so, should I include printouts from C-File to bring attention to issues pertaining to them?
b. Can any evidence be added (from that date and before) since it was never considered before? And if so, do I include it with the CUE claim?
E. IHD was first decided as 30% and went back to one year prior to our first claim – effective 2004…the bump up to 60% was effective . But the 100% was effective 2006…Should any of those effective dates be different because:
1. SSDI was in place for IHD qualification date of 12/2000
2. TDIU decision being effective 2006 (but he was unemployable per SSDI in 2000?)
3. 100% decision?
4. 100% effective date adjusted back due to Nehmer 2010 addition listing it as a presumptive
5. Combination of all the above?
F. Many of the evidence documents we submitted are not in the C-File and none of the forms we submitted are there to prove what we submitted or said. Is that normal?
G. Also, the only SS docs in the C-File are the ones where I outline his conditions and behaviors in answer to the many questions on the intake paperwork for that SS claim. There’s 4 pages of handwritten (including along margins due to space shortage) that I doubt anyone is going to wade through but it’s filled with problems he was having. Should I type it all out and attach it to the handwritten forms?
H. We submitted the whole SS file but can’t prove it. We even wrote a letter to our Congressman to help us get a particular letter sent to us by SS along with their decision listing a myriad of restrictions to employment they concluded for him. I couldn’t find it and neither could SS but the Congressman did try for us. I have those communications too, but don’t want to drown them in paperwork with this claim. Any thoughts?
Again, thank you Berta. I did try the other people you suggested without success.
And thank you to everyone here who has helped me or does going forward!
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,had to move to a dedicated server this month and our costs have gone up, if you have been thinking about subscribing to an ad free forum or buying a mug now would a very helpful time to do that.
Thank you for your support
1:10 What is Permanent and Total Disability?
2:05 Conditions that automatically receive a permanent and total rating (P&T)
2:32 Conditions less likely to receive P&T
4:29 How to find out if your VA rating is permanent
6:03 Is there a VA form to apply for Perm and Total status?
6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?
8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?
8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions
10:26 Stabilized Ratings
11:26 Continuous Ratings
12:57 What to do if VA proposes a rating reduction
16:03 Final Thoughts & Tips
Reprinted here with permission from Veterans Law Blog
I encouraged you to keep the exam in perspective. What is that Perspective? Honestly, it comes down to recognizing that the purpose of the C&P Exam is NOT to convince the doctor that your injury is service connected, but to let him or her conduct their exam and draw their conclusion. In the end, your current disability either is or is not related to military service. Regardless what the doctor says, what the VA Rater says, the limitations or symptoms either are, or are not, related to your time in service.
A doctor’s opinion can’t change what is or is not. It’s just another piece in the puzzle of proof. And the C&P Exam is just another piece in that puzzle. It is not the only piece – but if we view it as such, we often make our claims harder than they have to be. And we certainly make them more stressful.
#1 Every C&P Exam has 2 Goals.
The first goal is to have the doctor confirm that your injury, disability, or limitations are related to your military service – to prove the Nexus Pillar – and/or to establish the degree you are disabled – the Impairment Pillar. The second goal is to draw out the “evidentiary gap” in your claim through a C&P exam. The evidentiary gap is the difference between what is IN the record, and how the VA SEES what is in the record. If you are denied service connection, it is almost always because of an evidentiary gap – and rather than throwing a haystack at the RO and then yelling at the VA for not finding the needle – let the Examiner tell you what is missing by reading his/her opinion.
They tell you what is missing by what they focus hardest on. The key is NOT to provide excessive amounts of information in your C&P exam – keep your answers short, and “make” the doctor get into your file to review the evidence. It is THEIR report which shows the evidentiary gap – not your statements in the C&P. Which brings us to the next tip….
#2: Answer only the questions the doctor asks.
If the doc asks “How are you doing”, and you throw the entire history of your claim at her over the next 15 minutes, what happens? She zones out. She doesn’t hear what you are saying, and may find it hard to care about what you are saying. I get emails every day – some are 8-9 pages of micro-detailed histories of a VA Claim. It’s hard to read them. It’s hard to understand them. It’s hard to pick up the phone and call that person because I know I’m going to get more facts that I don’t need. Listen, I’m really good at doing this work, and while there are some real shit-bird doctors out there, there are some really good ones. They know how to call out the information they need, to get the facts to understand the situation. So just answer the question you are asked – not the question that you want to answer. But when you do answer the question, follow Tip #3
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VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).
Ensure that all the records in your VA Claims Folder or C-File are yours.