On-Line SMC-l claim question

[8th&IMarine]

I filed my 21-2680 aid/attendance form filled out by my PCP at the VA.I also submitted parts of my VA records that I thought would apply to my claim for aid/attendance. I just noticed that under  "What You've Claimed" on-line it says the following:

What you’ve claimed

• SMC - L Aid and Attendance (New)
• degenerative arthritis
• left hip (Increase)
• lumbar spine degenerative disease (Increase)
• plantar fasciitis
• right foot (Increase)
• right lower extremity radiculopathy (claimed as neuritis or radiculopathy bilateral legs/toes) (Increase)

All I claimed is the SMC. It is listing most of my s/c disabilities and looks like I am filing for increases. All of those are already adjudicated nd I am at 100% schedular/permaent and have been for a few years.  Are they trying to redo all my settled disabilities because I am claiming aid and attendance??

[Mr cue]

Ok I am never saying don't report for a exam.

Am I saying make a issue about the exams. If it is try to reduce you yes

 

Now as you can see the judge understood I wasn't going to anymore exams.

So he had to put the medical opinion stuff.

Well needless to say because I would go to there exam and no place would do a exam with out me  they just choose to never give me a decision on it. Lol  I did even get the denail

Now I am 25 year protected tdiu.

Yes I press the envelope and yes I have about 5 request to lower my rating in my record since I apply for smc benfits. This is fact

So all that they not trying to do this or that.

I don't go for

Look at the remand 

The judge all but told them my condition got better.

Last part this is a cavc remand.

And as u can't see the judge volating both these cases.

I all start with the law.

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.”

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.

 

 

 

[pwrslm]

3 hours ago, asknod said:

If 8th & IMarine is actually 100% schedular and p&t (and not TDIU w/ SMC S), he has no worries about reductions. If he's 20-year protected for each of the items requested, c&p exams would be superfluous

Strong point. Idea: wait until this whole thing is over, then document the C&P's and file a complaint with the VAOIG based on the 2018 IG report on wasted tax dollars. May not end the confusion caused when VA tells you that you requested increased in all your ratings (which you did not do in an A&A claim), because the confusion comes directly from a lie. Sometimes you have to bite the bullet first to get the results.

Either way you go, the VA should never present these C&P exams as something the Vet requested when in fact the Vet never did. Without specific cause backed by regulation/CFR and/or US Code, they should not go fishing like this without proper notification.  The term "reasons and basis" come to mind here, because the VA is not required to have any for this type of activity (which already resulted in millions of wasted tax dollars from unnecessary C&P examinations, as indicated by the IG already).

Edited December 16, 2021 by pwrslm

[Mr cue]

Ok why would a veteran waiting until they do everything and all these exams.

For issues not granted a year ago.

He did not apply for an increase rating.

So now the board and va are just ordering exams to increase veterans claims or to see if veterans are eligible for smc.

Yea ok.

I just got a remand Because the judge said a video appointment at the va hospital march 2021 I stated I feel good today.

So my condition has to be look at.

Smh I apply for smc benfits 2018 it's a cavc remand back to the board.

But they stated a exam need to be done again. Because of the 2021 hospital note.

I am 25 year protected I refuse the exam.

And I have been on a 5 month shopping spree for a comp exam 

The va has send it to all three place and the va hospital. No one want to do the ace medical opinion.

I just got the ssoc this month for the denial.

Now they will not return it back to the board.

I keep getting letters from va stating you refused a comp exam we will give you 30days to respond.

I have respond. Smh.

Once again I am not telling a veteran who does have 25 year protection to refuse a exam.

I am point out that the va will do anything to put a unfavorable medical opinion in your record now.

Not going to point out the law again against this to a cavc remand.

To the veteran good luck.

And I would at least put a statement in my record about the exams and staying I feel they are not need.

And then report to them.

You will not get a copy of the exam before the va process them.

A statement after means nothing.

I give you a example.

The va gave me 3 different decision on my claim. 2018

On the nod I wrote I appeal all decision made on the claims dated.

I understood the set up there was no need for 3 different decision.

They hope I would miss something and not appeal.

Well in appeal The board stated I didn't appeal one of the decision.

There for I can't get a bva decision

It got to the court the court remand it because I wrote all decisions on the nod.

Be proactive. Is my advice to all veterans

 

 

 

 

 

 

 

 

 

[8th&IMarine]

Update:

I informed VES that I would not be attending the exams due to inconvenience and lack of necessity. I also attached to my VA file a withdrawal request for all of the additional increase claims that I did not file for in the first place. The withdrawals showed up on my VA.gov today so now I'm hoping for a quick decision on the SMC-L claim as a stand alone request based on the 21-2680 and the other evidence I originally submitted.  Fingers crossed!

 

• SMC - L Aid and Attendance (New)
• degenerative arthritis
• left hip-withdrawn 12/10/2021 (Increase)
• lumbar spine degenerative disease-withdrawn 12/10/2021 (Increase)
• plantar fasciitis
• right foot-withdrawn 12/10/2021 (Increase)
• right lower extremity radiculopathy (claimed as neuritis or radiculopathy bilateral legs/toes)-withdrawn 12/10/2021 (Increase)
• Left lower extremity radiculopathy (also claimed as neuritis bilateral leg/toes) (previously rated as DC 8526 left lower extremity radiculopathy)-withdrawn 12/10/2021 (Increase)
• degenerative joint disease right hip-withdrawn 12/10/2021 (Increase)
• left lower radiculopathy (femoral)-withdrawn 12/10/2021 (Increase)

[8th&IMarine]

Me when I saw that my claim has moved to "Preparation for Decision ".

[8th&IMarine]

Update: All the claims for "increase" that the VA added were rightfully withdrawn. I since got a denial on the claim for SMC-L aid/attendance based on not having a "singular 100% disability" though they admitted that I require aid/attendance due to my S/C disabilities. My argument was like the Skeleton Dance song -The knee bone connected to the thigh bone, The thigh bone connected to the back bone. In other words all my disabilities are secondary to one primary claim- my hip. I requested a DRO review and received a phone call interview within a few days!!! Now I wait for the DRO decision. Fingers crossed again.