Memory loss

[Ken Dillon]

I put in for a claim , claiming memory loss, headaches, speech problems, and I am regretting that to Camp Lejeune water. I had a C&P exam questions will be in asked for about mental health. I currently had depression read it at 50% it is now decreased to 30%. I don't know how my depression rating got decreased sense I was putting in for memory problems. No questions to ask about memory, headaches, or forgetting where I was driving to. I am going to appeal?

 

 

[Dot09]

That would be my suggestion. Mental health has a list of problems when determining your limitations or percentage. Just remember to write yours down and look it up. Remember the list isn’t exhaustive meaning you don’t have to have everything on the list to qualify for a higher rating. It is only meant as a guide to determine your disability. I wish you the best of luck and feel free to ask anything.

 

Dot

[Dustoff1970]

You can file an HLR review claim and highlight or emphasis in written argument/contentions the important evidence you consider that they overlooked or disregarded when they determined your rating level.  Include copies of the important medical and other evidence with your review request even tho the VARO raters should already have these medical documents before them.

If you have new and/or material medical evidence since their decision was made you can and will have to file a timely Supplemental Claim with this new evidence to support your claim and ask for increase at the same time.  You have 1 year from VARO decision claim date to file an HLR and/or Supplemental or you can appeal to the BVA and skip the HLR and Supplemental.  Remember you have one year to appeal to VARO or BVA.

An experienced VSO at a VA Regional Office can be of assistance to you in this matter and their services are free to the vet.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[Dot09]

Dustoff 

I have a question in regards to a HLR review. I thought they didn’t accept any new material evidence only a review of claim what is filed. Correct me if I am wrong. Good input though

[Dustoff1970]

You are correct. However I said for him to send copies of the existing evidence that they already have in the claims and medical folder in order to get there attention and to support his HLR review request.  This is what I have always done with DRO and HLR reviews .  In the old days they would sometimes return my copies with the word Duplicate stamped in red ink but this did not hurt my appeal procedures.  I usually had to appeal to the BVA anyway and the BVA did right by me unlike chicken chit VARO raters.  In other words no harm no foul and is strictly optional for each vet.  May or may not help change the mind of the senior rater reviewer.  Probably not. Just a long shot with another bite at the apple.

Edited October 13, 2023 by Dustoff1970

[Dot09]

I see your point. I’m sure you have plenty experience in dealing with the Va. I am a young pup compared to you. No offense. I’ve dealt with the va for 19 years and through the insight through hadit I was able to get my 100 percent p/t schedular. I’m just working to get my SMC s tdiu for mental health along because they are lumped together for shoulders as well. Granted my lawyer think I have a solid chance. It’s just a matter of convincing the BVA that. It’s now a waiting game

Edited October 13, 2023 by Dot09

[Dustoff1970]

Yes I learned a long time ago that there is more ways to skin the VA cat.  One method I use is the art of overkill by sending in redundant copies of my medical and other evidence to drive home a point of contention, fact or argument. 

This is just one way I think outside the box and ignore certain VA rules and normal procedures.  There are many other tactics I have used mostly successfully.  Did require much extra work on my part but I enjoyed it. 

Since 1998-2000 I was P&T TDIU and then in 2017 upgraded to 100% P&T with SMC-S with no assist from VSOs or lawyers. 

I do have respect for some veteran attorneys such as Ken Carpenter but I never needed or wanted one.