After seventeen years of fighting the VA stick a fork in me, I am done! - Page 4 - 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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This is what AO will do for you!

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Your individual ratings

0%scars, anterior trunk
Service-connected disability? Yes
Effective date:07/31/2020
0%scars, posterior trunk
Service-connected disability? Yes
Effective date:07/31/2020
0%scars, right lower extremity
Service-connected disability? Yes
Effective date:07/31/2020
0%scars, left lower extremity
Service-connected disability? Yes
Effective date:07/31/2020
30%painful scars
Service-connected disability? Yes
Effective date:07/31/2020
20%chloracne, face, back, head, neck and chest with Fournier's gangrene
Service-connected disability? Yes
Effective date:07/31/2020
100%diabetic nephropathy
Service-connected disability? Yes
Effective date:08/08/2012
100%loss of use of right and left lower extremities 
Service-connected disability? Yes
Effective date:12/27/2011
100%loss of use of right and left upper extremities
Service-connected disability? Yes
Effective date:12/27/2011
30%mood disorder (also claimed as anxiety and depression)
Service-connected disability? Yes
Effective date:11/20/2009
100%coronary artery disease
Service-connected disability? Yes
Effective date:10/28/2005
0%erectile dysfunction (claimed as secondary to diabetes and Agent Orange exposure)
Service-connected disability? Yes
Effective date:10/28/2005
10%fungus feet and hands
Service-connected disability? Yes
Effective date:10/28/2005
20%diabetes mellitus, Type II
Service-connected disability? Yes
Effective date:10/28/2005
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  • HadIt.com Elder

I got the diabetic neuropathy rated at 40% for each foot and 40% and 30% for my arms. If you are getting insulin what should your rating be?  I get 20% and I am insulin dependent.  It a vet has DMII and CAD I bet he will also have HTN which is presumptive for AO.

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Diabetes is a 20%rating. A higher 40% rating is available if the Diabetes regulates and limits your activities. It takes a well written letter from your doctor to have a chance at the 40% rate. I had a well written letter and still got denied for the increase.

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  • HadIt.com Elder

James....I am impressed by your tenacity.  I have AO exposure in Vietnam.  It was pretty easy since if the condition was presumptive all you need to do is get the DX.  The thing is DMII has so many secondary conditions, and they can creep on you and take you out.  I worry some about my eyes and my feet, but kidney and heart problems are right up there. I got a staff infection in my foot and due to DMII it took six weeks for it to heal.  I had a pic line in my armpit getting tons of antibiotics pumped into me. I can still  walk but my balance is off and I have fallen before now.  James....you just keep it up because you inspire the rest of us to keep fighting.  

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