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??

[pwrslm]

10 hours ago, Mr cue said:

Last so u really think the va would order exams to increase a rating that he never put in a increase for.

I agree, but the RO's may be so swamped they do not pay attention. The end result is wasted tax dollars and veterans getting screwed over. It is up to the veteran to scream and holler about it because nobody else is.

Edited December 1, 2021 by pwrslm

[8th&IMarine]

Appreciate all the responses so far.

pwrslm suggested to "scream and holler" and mentioned the wasted tax dollars, which is so true, and that's what I have done. 

It seems to me while going through this, that the VA shields the VAROs from any contact by the claimant, and the only method of communication available is through the AskVA.com website or uploading to your claim on VA.gov. I have done both and, whether right or wrong, notified them to withdraw the claims for increase that they added to my SMC-L claim for A&A. I also advised them that I would attend another A&A exam, even though the one I submitted by my VA PCP was fresh in November. I mentioned that there should be no need to schedule C&P's for all of my existing ratings as any increase would not change my 100% compensation.

They do not respond, even though the AskVA.gov website specifically states to expect a response within 5 working days. The only other avenue of communication appears to be the toll-free phone, but I am preferring my answers in writing and have had zero luck any time I call that line of getting any more info than what is already available on VA.gov or E-benefits.

So my next question is - Does VES send an actual appointment LETTER to you? I have had a few e-mails requesting me to contact them about my availability for appointments and I have replied with a simple question of "what is this exam specifically for?". I don't receive reponses but then another request that I call them to schedule. Will I eventually get scheduled, and will it be by mail? Seems I'm in limbo as I already asked to withdraw the increase claims and that no C&P's be scheduled for those claims. (Side note about VES-I received a couple calls where the caller ID just had somebodies name, no other identifier, but the voicemail said they were with VES. Might be good to know if you're waiting on an exam notification)

 

[FormerMember]

No offense, sir, but what you are doing is going to add a lot of time to this project.

VA is an insurance co. They have boxes to check off. It' done with a computer. You're asking them to go analog and off the grid and do your claim "speshull". It doesn't work that way. You come to them hat in hand and ask for whatever it is that floats your boat. They in turn ask you to comply with their protocols. It's a two-way street. Your refusal to comply with their requests will result in the claim being denied because you refuse to play VA ball. VA's duty to assist is a two-way street, and the Veteran cannot wait passively in those situations where his assistance to VA is necessary. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).

 

Asking VES to send you paper might work if you're deaf. If you have a phone, they'll use it. You don't get to tell them what you're willing to be examined for at a c&p either. VA tells them.

You're heading for a train wreck but you do not have to believe me. Let's revisit this thread in six months and you report back on how it worked out for you. 

[Carl the Engineer]

I used to go to the VA hospital for my C&P exams until the last round of claims.

Then they sent me to two different third parties.

I did find, on my own, a login to both of these parties to their websites and I did get to see when and where and who regards my C&P exams.

However, I did not get to see what exams were to be given or after the exams, the results of said exams.  They send them to the VA and tell you to get them from the VA.

One of the compainies, maybe both, can't remember, but I did recieve a Fed Ex letter requiring my signiture about 3 days before each exam with instructions.

Good luck,

Hamslice

I just bought a new car for my wife and used a bank that I have not had any contact with before.  I have recieved mail, emails and even a text from the bank.  Now, I have questions, and I can not get anyone on the phone from that bank in the last two weeks.  Just press this button for that, etc, etc. etc., and eventully back to the main menu.   I truely believe you could buy a home and get a mortgage without ever meeting a human or leaving your home. 

And, I beleive the VA will be following that format in a short time.  Just sayin.

[Mr cue]

Smc benfits are granted by your record and effective by your record.

Va manual states use careful consideration why ordering exam.

And if the record or exam is not  good than order a specialized comp exam.

This is the law I believe

 

Ok I am not tell veterans they can do this.

I didn't it because I am 25 year protected and got sick of all the exams for loss of use.

I had over 8 and a the specialized comp exam. And they will not accept no one exam Smh 

And here is the remand 

Have you ever seen a bva judge stated if the veteran refuse the exam do a medical opinion.

I am happy with the evidence I got I want a decision on that. I don't need there assistance anymore.

I put this in my court case 

This is the bva remand after the cavc remand

 

U can even see the bva judge all but told ro and comp my disability has improved and to reduced my rating.

I was never going to let them put a unfavorable medical opinion in my record.

Now I am not telling veterans they can do this.

I feel just like the va  can end the duty to assist a veteran should be able to end it to.

I could be wrong

O and last thing the examiner isn't to make the determination on loss of use.

The rater is.

So why would a judge keep remand and keep ask a examiner to tell if I have loss of use.

Now if you got a new claim why would you not want a exam.

But if you got a 10 20 year record

Why do u need a exam for smc benfits.

A@a exam I understand that.

 

 

 

 

 

was noted to have severe ulnar neuropathy that limited his fingering, finger handling, feeling, fine motor movements, keyboarding, and work with hands over his head.  It was also noted that he could not make a tight fist with the left hand and had weakness with thumb to finger testing of all fingers.  Specifically, grip strength on the left was 3/5 and pinch strength was 2/5.  

Absent a rationale, given the severity of the objective findings and the Veteran’s subjective complaints, the Board is hesitant to rely on the examiner’s conclusion regarding functional impairment. Additionally, the Board notes that more recent VA treatment notes suggest a change in the Veteran’s condition.

 For example, in March 2021, the Veteran denied weakness in his hands, reported that he was not dropping things, and reported only intermittent numbness in his left hand and fingers.   Given the foregoing, the Board finds that remand is necessary for an examination and an opinion as to whether the Veteran has the functional equivalent of loss of use of his left hand and/or arm.   The matter is REMANDED for the following action: Provide the Veteran with a VA examination to assess the current severity of his service-connected left hand/arm disability.  

 

If the Veteran declines the examination, an opinion should be provided based on the record. Following examination of the Veteran and/or a review of the record, the examiner should provide an opinion as to whether the Veteran has the functional equivalent of loss of use of his left hand and/or arm.   For purposes of this opinion, “loss of use” will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or with use of a suitable prosthetic appliance. 

Edited December 7, 2021 by Mr cue
Miss spell

[8th&IMarine]

On 12/6/2021 at 4:18 PM, asknod said:

No offense, sir, but what you are doing is going to add a lot of time to this project.

VA is an insurance co. They have boxes to check off. It' done with a computer. You're asking them to go analog and off the grid and do your claim "speshull". It doesn't work that way. You come to them hat in hand and ask for whatever it is that floats your boat. They in turn ask you to comply with their protocols. It's a two-way street. Your refusal to comply with their requests will result in the claim being denied because you refuse to play VA ball. VA's duty to assist is a two-way street, and the Veteran cannot wait passively in those situations where his assistance to VA is necessary. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).

 

Asking VES to send you paper might work if you're deaf. If you have a phone, they'll use it. You don't get to tell them what you're willing to be examined for at a c&p either. VA tells them.

You're heading for a train wreck but you do not have to believe me. Let's revisit this thread in six months and you report back on how it worked out for you. 

With due respect, sir, I'm not asking anyone to go "analog" nor to treat my claim "speshull". As stated, I asked them to withdraw the claims they added for increases in virtually all of my rated claims. Those claims are rated permanent and static so there is no reason to believe that my condition has changed. Furthermore, an increase in any of my ratings would not affect my 100% current rating and there are no other SMC levels that I would even remotely qualify for.  I am asking for simple aid and attendance based on my conditions as they exist and have a positive A&A exam backing up my contentions as well as a 14 year history of the ratings that I base my reasoning for A&A on.  It took over a decade of NOD's, appeals, and remands to get my rating. Why would I want to start the process completely over and risk running into an examiner that is having a bad day; or worse, is just not fully competent to do a thorough exam. Been there and done that. Side note: The VA requires an A&A exam be completed by a physician, yet they are scheduling all these added exams with a Nurse Practitioner with 0-1 year of C&P experience.

"You come to them hat in hand and ask for whatever it is that floats your boat."

Not anything that floats my boat, just the last and final form of compensation available to me. I also wasn't trying to tell VES what they could and couldn't examine me for. I just posed the question as to what the exam was for and they don't seem to want to answer. 

Trainwreck? Maybe, maybe not. If they actually are adding all these increase claims as part of their duty to assist and see if I possibly qualify for anything else, then I will be approved for aid/attendance even though I withdrew their added claims. This would be based on the existing evidence. If they are doing it because they believe all of my rated claims need to be revisited to determine eligibility for A&A, then I will be turned down because I withdrew them. Tossing the dice, I guess.