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By Mr cue
Ok I understand many feel I just be posting and fighting with va over nothing.
My old name on hadit was yulooking.
You can put it in the search and my old post for the cue claim I won will pop up.
Carlie Berta many other help me and I learn alot from hadit I had no ideal what a cue was until I followed Berta cue back than
I also used hadit back than to vent lol
I post all this so that other understand I feel I have more year fight va than some lawyers. And vso
I have been to the court pro se twice. And won remands for both.
Fast forward. I am now fight for smc benfits that were never inferred back in 2001.
Might go back till 1993.
This is why va is all over the place.
I was granted smc l aid attendance.
But I receive in home care pay for by va hospital. Which is smc r.
All this I got remand from the court to bva to address.
And it been nothing but games
I now have a petition at the cavc which I am just waiting on judge decision on
I got be the first veteran we're a bva judge stated if I refuse a exam base opinion on my record.
So yes I don't wait I push.
Qtc I put in a better business complaint yesterday and call white house line
Today I get a call from qtc I don't have to go to exam and they got to base there opinion on my record.
I would never tell a veteran to refuse a exam!
The reason I can refuse is because my bva remand state this. Because
I press the bva about having 8 comp Exam for smc benfits. Which are to b based off your record.
I really just venting.
Last thing guys if you get a cavc remand. send these law to bva before they remand. To ro.
A cavc is not a do over.
Someiano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Adam v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.”
The board has remand my loss of use under smc to develop evidence to denied loss of use.
I have a 25 year record of loss of use. I have a va specialized loss of use exam that Address all my loss of use and stated it was the result of my elbow and cervical injury It was a favorable exam. I have bva decision which address my lost of use 2001 2004 and 2012.
Use the law against them.
I found Alex on this site almost 4 years ago. I had posted multiple questions as to why VA denied my aid and attendance claim SMC L. Alex contacted me and agreed to help. He filed a new claim for smc l and of course va denied it. He then filed appeal to bva which was subsequently granted and I was awarded smc L. However I have 2 separate and distinct 100% ratings so I should have been awarded smc M. So, Alex submitted appeal to bva which after a year they closed appeal because they thought we were appealing original bva decision. We were not appealing decision just the m versus l. So Alex filed a new claim for m and va denied. Alex filed supplemental claim and va closed the claim without even adjudicating. He filed Again and same result. He made another attempt and that was denied too. Finally Alex contacted the secretary bva, the regional office coaches and raters claiming they had no idea how to adjudicate smc claims. Obviously he ruffled a few feathers and the truth needed to be said. Finally after more than 36 months of fighting, the VA admitted making 2 mistakes. They admitted the effective date for my original l should have been 6 months earlier and they admitted m should have been awarded when aid and attendance was granted. Bottom line- Alex knows more than va when it comes to SMC. Alex is a kind person who always listed to our concerns and always keep us in the loop. If you need thoughtful assistance with your smc and or claims in general, no one knows better than our friend Alex.
Andrew & Linda
I am looking for a little advice on how to proceed with my current claim. After several years of TBI treatment with the local VA hospital, I filed for a TBI claim. I am still awaiting the decision but just received my C-File that I requested a few months ago. From what I can tell, my DBQ DR did a horrible job and I am going to get underrated when the final decision comes. I was in and out within 25 minutes and no testing was performed. Once I told the DR that I had already done Neuropsych testing with the VA hospital the exam ended shortly after. When viewing my C-File and the record of the TBI DBQ exam I noticed that the DR service connected my TBI but didn't accurately record the symptoms identified in the Neuropsych exam. The DR just cut and pasted the Neuropsych summary but missed some ptretty big details from the rest of the report. My DBQ DR listed my TBI symptoms as;
- Memory, attention, concentration, executive functions - A complaint of mild memory loss (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing.
- Motor activity (with intact motor and sensory system) - Motor activity normal
- Visual spatial orientation - Normal
These results were drastically different from my neuropsych exam which listed the following issues;
My neuropsych exam listed severe impairment of several memory functions, processing speed, visual spatial orientation. It also listed mild impairment of motor functioning.
I am not able to cut and paste the records I have for the Neuyropsych so I can't give the full report without showing my name.
Does anyone have experience with a DBQ that is different from VA treatment records? What should my next steps be? Should i do a higher level review? Hire an appeal lawyer?
I have attached my denied claim for migraines. I have many docs I can attach. I.e buddy letter from my mother ( fractured skull prior to military), and also squad leader that mentions bad landing on military jump service connection ( knocked out). Military entrance exam showing fractured skull. VA NEUROLOGIST stating service connection. Sick call slip headaches. There is more but
post. But I’ll start with the ones attached. I don’t understand the reasoning for denial . They have rated me earlier with SSD. Aalso they show a history of risk factors … and if you look at my disabilities the denied me hypertension , musculosketal pathology of the cervical spine and chronic opioid use (because of my service connection disabilities) … is that not oxymoron.. no pun intended. Did I make a mistake filing as a secondary to ptsd? I could have filed for a Tbi service aggravation.. but if they won’t service connect me for this than who knows.
Any input would be great. I won’t post everything I have but this seems to warrant service connection
if I did not redact anything please let me know.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,