New claims to existing SC'd Agent Orange Conditions

[David4287]

I’m 100% P and T with SMC-S1, trying to elevate to a higher SMC level. I have numerous Agent Orange service-connected disorders, served two tours in Vietnam with the 4^th Marines, and I am 75 years old.

70% Parkinson’s Disease, no cure

Want to file new secondary claim of OSA and CFS. My retired VA Neurologist will do a DBQ for my PD issues for OSA, and he diagnosed me with CFS in 2011.

Requested an increase in service-connected balance problems, urinary dysfunction (now 5 pads daily and three medications), rigidity of muscles, and IBS. Retired neurologists will do DBQs or opinions on each contention.

LHI referred me to a PA-C with three years of practice experience and six months with LHI. They assigned the same PA-C to do all my exams.

60% Nephropathy secondary to DM II, Agent Orange. Both can be controlled but no cure.

New claim of Osteodystrophy and Hypoxemia

 OSA secondary to DM II alternative to PD maybe?

Increase ln Peripheral Neuropathy currently 20% in each lower extremity, and worsening

30% Skin Rash Agent Orange, rating held since 1979.

70% PTSD (I would rather not use it as I am 4 months from the 20-year rule) and the VA is slightly jumpy about PTSD today.

I filed an Intent to File in late October. VSO filed claims on the third Tuesday in November, and on the third Thursday of November, they had me set up for C and Ps with the PA-C above. The ink hadn’t even dried, and was not given a chance to send in new evidence that may preclude some  C and Ps.

These are issues  I did not request or filed:

C and P for an increase in DMII, which is already at 20%,and cannot be increased unless you are on insulin and I just take pills. I have held this rating since 1998.

They wanted to examine me for shell fragmentation wounds, a rating I have held since 1979.

OSA, a new contention. I had a sleep study and was issued a CPAP machine. So why would they want to re-examine this when nothing has changed? Finally, how do I approach these exams with COVID. I lost two family members to COVID, and not all warm and fuzzy about meeting examiners in person. These are the first claims I have filed since 2010. All my VA appointments are by Telenet.

Any suggestions:

Thank you in advance.

 

[broncovet]

Welcome to hadit.  

My suggestion to increase your compensation is to also apply for higher levels of SMC, starting with Aid and Attendance, considering your urinary dysfunction.  There are different levels of A and A, depending upon the level of care you need.  (mostly, if you have IV's or if a nurse is required, you should be able to get the higher of the Aid and Attendance).  

Beyond A and A, you can get higher levels of SMC for "loss of use".  

Do you have loss of use of, arms, legs, sexual organ (SMC K), eyes, ears, etc?  

If you do, apply for those also.  

Its unclear why your VSO did not suggest you apply for A and A, and/or loss of use for higher levels of SMC.  

 

Since you already have SMC S, its doubtful if "increases in disability percentages" or even new claims (other than SMC, as mentioned) will increase your disability percentage.  It could, however, because SMC is for loss of use of "service connected" loss of use only.  

My advice is to do both:  Apply for those increase's or new conditions you mentioned AND ALSO

Aid and Attendance, AND SMC K (if applicable), as well as any other "loss of use" listed above, or loss of use I may not have mentioned.  Your urinary problem suggests SMC K may well apply.  

 

 

[David4287]

6 hours ago, broncovet said:

Welcome to hadit.  

My suggestion to increase your compensation is to also apply for higher levels of SMC, starting with Aid and Attendance, considering your urinary dysfunction.  There are different levels of A and A, depending upon the level of care you need.  (mostly, if you have IV's or if a nurse is required, you should be able to get the higher of the Aid and Attendance).  

Beyond A and A, you can get higher levels of SMC for "loss of use".  

Do you have loss of use of, arms, legs, sexual organ (SMC K), eyes, ears, etc?  

If you do, apply for those also.  

Its unclear why your VSO did not suggest you apply for A and A, and/or loss of use for higher levels of SMC.  

 

Since you already have SMC S, its doubtful if "increases in disability percentages" or even new claims (other than SMC, as mentioned) will increase your disability percentage.  It could, however, because SMC is for loss of use of "service connected" loss of use only.  

My advice is to do both:  Apply for those increase's or new conditions you mentioned AND ALSO

Aid and Attendance, AND SMC K (if applicable), as well as any other "loss of use" listed above, or loss of use I may not have mentioned.  Your urinary problem suggests SMC K may well apply.  

 

 

Thank you for the response I have been SMC-S since 2010, with Parkinson's my service-connected secondary's are worsening.  Such as urinary dysfunction. From one tablet daily and no pads, to  taking  Tamusolosin, twice daily,  Finsteride and Myyrbetriq, plus 6 pads per day  I have IBS , SC and now chronic, and balance issues. SC'd and worsening

OSA and CFS, would be new, but not sure if I should make them secondary to PD, DM II, or Nepkropathy, or can I file each one  with all three conditions?

PN 20% each leg, worsening because of DM II

Kidney failure, developed two new issues, Osteodystrophy and Hyoxemia

Should I file these claims along with an Applicaation for A and A, or just file A and A with recent notes, doctors statements and a detail presentation of these disorders and how the impact my lefe negatively?

[broncovet]

You posted you were 100 percent P and T.  As far as compensation goes, 100 percent is the highest "except" Special Monthly Compensation.  

In other words if you are 100 percent and are awarded an additional 70 percent, you wont get any additional compensation since you are already SMC S.  

So, I focus on things that could/will result in additional compensation.  Exception:  Your family is important, also.  Your spouse could get DIC "if" you die of a SC condition OR if you die of any condition after you have been P and T for 10 years.  So, go ahead and apply for, say, sleep apnea, it could make a difference to her, if sleep apnea causes your death.   The cause of death does not matter if you have been 100 percent P and T for 10 years or more.  

So, to get additional compensation, this means you should focus on SMC.  I see 3 possibilities, but of course, I have not read your file, nor do I know your medical history/loss of use.  

a.  Aid and Attendance..this should get you an extra 400 per month or so, if approved.  

b.  SMC K for loss of use of reproductive organ, as you indicated a problem with pads, etc.  

c.  Loss of use of other organs, hands feet, eyes, ears, etc.  And, I have no idea if you do have loss of use.  But, if you do, apply.  

 

Those 3, above, are the most likely to generate additional compensation for you.  Not so much applying for sleep apnea..even if you get SC for sleep apnea its unlikely to increase your compensation.