After seventeen years of fighting the VA stick a fork in me, I am done! - Page 3 - R. 1 and R. 2 - VA Disability Community via Hadit.com Jump to content
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After seventeen years of fighting the VA stick a fork in me, I am done!

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jamescripps2

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I began my VA claims saga in 2005. My first success was in November 2009, whereupon I was granted the very first claim for AO exposure at a military instillation in CONUS. That award was a 100% P&T plus an "S" award and 1 "K". The award was for Diabetes due to AO exposure, ischemic heart disease claimed as secondary to the Diabetes, and Chloracne. In the subsequent years there have been numerus other claims and grants including three 100% P&T awards. I filed for, and won at 100% P&T, loss of use of right hand and right foot. In July 2020, Fournier's Gangrene dammed near killed me and I won that one too, in short order. That Fournier's Gangrene claim as secondary to chloracne, took forty five days, submission of the claim until grant. Severe anxiety and depression as due to my service connected general medical conditions claim only took thirty five days to grant. Fourteen scars, some rated as painful, were added to the mix,  an implantable cardioverter-defibrillator will always get you a 100% P&T, and so will class 3 kidney failure. Severe Neuropathy x four limbs adds up quick at 40% per limb and will get you the bilateral factor too.

In 2016 I was granted R-1 for A&A plus loss of use of two limbs with an effective date of November, 2016. I banked my retro, got my vehicle grant with adaptive equipment, and initiated my specially adaptive housing grant. Next I filled an appeal for an earlier effective date back to 2011 on the R-1 grant. As one would expect, he appeal was DENIED at the RO. I filed an appeal with the BVA. The BVA DENIED the claim.  I then conferred with Alex Graham who was too booked up to take my case but instead hooked me up with the CCK law folks. We then took the case up to the CAVC. At the CAVC the case was granted a joint motion for remand (JMR) and the case was sent back to the Board and, in turn, was remanded back to the RO where it was once again, DENIED. Next a higher level revue (HLR) was filed and the result was that the Veterans Law Judge (VLJ) found a failure of the VA's duty to assist. A C&P was ordered to rectify the error as to be compliant with the VA's duty to assist order and the case was returned to the VLJ for a new decision.

On October 14th 2022, a new decision was rendered. I was granted five years earlier effective date of R-1 with five years retro.

In the interim, on August, 1, 2020 was granted SMC R-2. My final rating is R-2. Considering the fact that there is no VA rating higher than an R-2, and my back pay issue has been addressed by the Court and now meets my satisfaction, I am at the end of the line as far as VA claims are concerned. The only outstanding future issue is a hard earned burial flag and a small plot of ground in the Tennessee State Veterans Cemetery just west of Nashville.

P.S. I need to add that on June 22, 2022, I won the very first PCAFC case granted at the BVA. That grant by the Board was for PCAFC level 2 caregiver benefits for my caregiver.

Edited by jamescripps2
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There is a lot of comfort in the knowledge that my wife/caregiver receives level 2 caregiver benefits that we fought so hard to obtain for two years. I am over the ten year 100% rule pertaining to survivor DIC benefits so my wife will draw DIC benefits when the time comes. Car tags and home owners taxes will also not be a burden to her and then there is the VA life insurance on me with the waived premiums.

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James.....I fought with the VA since 1972.  Now I have 100% with two SMC's including housebound. I still get brain storms about how to crack the vault.  VA has so many resources that are present but most just don't know about them and VA does not advertise well. I would like to get  a shuttle car to get around at the VA. How in the world do I get one?

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jbasser, My fight lasted so long that I will find it hard to settle down and quit swinging and throwing punches.

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john999 You can request a consult with the scooter clinic from your PCP. If you have problems that limit ambulation you should be able to get the scooter and a lift to transport it with. Like anything else VA expect to be denied first time. You just be adamant and demand the scooter and they will have no choice but to relent and grant your request. The reason that the VA gives for denying mobility scooters is that you will quit walking, and that you need the exercise.

You might also look into the independent living program. Apply through VR&E at your local RO. They can do a lot for you as far as furnishing you with whatever you need to make life easier and more comfortable for you. They furnished me with a stand up recliner, therapeutic mattress and springs, a computer and printer, pillows, and sheets. 

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