Transcript 0:00 [upbeat music] Hello and welcome to another Hill and Ponton Q&A live. 0:20 Carol Ponton here with Matt. As you can see, she is leaning into this new year. We are excited to be here with you guys. 0:27 Hope you had a great holiday, and now let's jump in to see what we can do to- Well, I just have to say- Uh-oh, here we go. Yeah, my turn to talk. 0:35 I just have to say Happy New Year, and I am so looking forward to this coming year. 0:39 Last year, because of the Berry case, we were able to get so much more in the way of benefits for our veteran, and I am so excited to see about what we're gonna be able to do this year and to help you in your Berry quest as well or whatever. 0:53 Okay. That's all I had to say. She's spoken. I like your sweater. Thank you. Thank you. All right, let's hit it. Eddie, one of six. 1:03 Uh-oh, I was supposed to announce, Nate behind the scenes told me that starting next week, we're only gonna be doing four-part questions so that we can get through more questions. 1:11 Those questions that are longer than four parts, we're gonna try to take and do a quick TikTok on. So we're taking all questions this week, just kinda heads-up for next week. All right. 1:20 "Heard from an insider, VA only grants FSAD when due to biological impairment, so FSAD can't be secondary to mental health alone." In your experience, is that accurate? No, and stop listening to insiders. 1:35 [laughs] I'm serious. You know, people will tell me the craziest things, and they say, "Well, I heard it from somebody who knows," or, "Somebody who's with the VA." No, that's not true at all. 1:44 I've gotten lots of FADs, SADs, whatever you wanna call them, for my veterans, my female veterans. So whatever we can service-connect it to, we do. It's not limited to just that. There's that. 1:57 "I'm filing for anxiety/depression, secondary service connection back and migraines. For FSAD SMC(K), can I file that secondary- Yes... to back to migraines but note anxiety?" Yeah. File it for all of it. 2:09 Why are you limiting yourself? Yeah. "VA doctor said at least as likely as not FSAD is direct result of chronic back." Great, that's secondary. That's what you need. "Is the wording helpful or risky?" No. 2:22 As long as those issues of back migraines and depression and anxiety are service-connected- Right... then no, it's not. "Strategy, is FSAD generally strongly tied to back or migraines?" So I think we just answered that. 2:34 Both contribute. You have a great nexus, so- Yes... you don't need to pick a primary cause. And especially if they came from your VA doctor. Yeah. Okay? 2:42 They can't accuse them of all the other things they accuse everybody else, so that's great. Yeah. But I'm just saying, when you file, if you didn't have this, list all of them. 2:50 You never know which one they're gonna pick, and all are viable reasons. All right. We'll skip to the next. "I'm not taking mental health meds due to severe side effects. What evidence rationale, 3:02 pain, neuro, GYN, meds, labs most often gets it con-conceded and avoids common denial language?" 3:11 [sighs] "If I filed FSAD secondary to back migraines now, this be ever treated as mental health symptomatology and miss SMC(K). How do you prevent that with claim wording evidence so SMC(K) is considered?" 3:23 [clears throat] I think you're over-worrying this. Yeah. I think you have what you need, so go with it. 3:27 I would list secondary to mental health, but you already have a nexus for two other things, so list that so it can be considered, but go with the ones that you already have. You have a good claim. Don't worry about it. 3:41 Good claim with good evidence. Yes, and so if you're denied, you wanna go to a CAR immediately. Remember, the, the- CAR is, is in higher level review. You got 30 days to do that. I was gonna tell them that. 3:52 Well, why didn't you jump to it? 3:53 Well, anyway, you went, because you def- remember, the first person to evaluate your claim may be someone relatively new, where I found many times the person that does the CAR exam is more knowledgeable, and they will grant this much easier than if you stay at the initial level, okay? 4:10 And if you don't win, go to the BVA. They're gonna love having that VA nexus statement from your VA doctor. You're good. 4:20 @St-lt4ls104, "M21 was just updated to reflect the Elaskik decision." It was. "I've got a claim that's not 27 months old trying to get SMCT. Took it to the BVA, remanded in December. 4:37 [clicks tongue] Actual A&A exam was ordered. [laughs] Appointment took 10 minutes. Nurse practitioner at chiropractor office, she didn't check the box that states veteran needs nursing home care, nursing home care. 4:49 However, we already have in our proof two 2680s from civilian psychiatrist that state without the care of wife, veteran would need to be institutionalized or put in long-term care. 5:00 [clicks tongue] Since the examiner did not check box that said vet needs nursing care, do you think I have to take it back to the BVA again? Twenty-seven months in, and we just want this over." 5:10 It's very likely that you will, and I would file a complaint saying, "I was there less than 10 minutes. 5:16 You know, this person was a nurse at a chiropractor," so that they know exactly who they're dealing with, 'cause you're probably going to have to go to the BVA and you want that clear. 5:25 Otherwise, they may not pick that up. You're counting time with 27 months. The VA wants you to do that- Yes... because the slower they go, the more frustrated you get, and the more likely you are to drop the claim. 5:39 You have the evidence you need in this case to win. I know it's frustrating, it's been over two years, but you cannot focus on that. This is, you obviously need this money. It is big money. 5:49 I mean, the VA's not gonna wanna part with this easily. I think we're talking over $200,000 already. Um-You have the evidence, you should be granted this. Don't count months, be persistent. 6:00 That's, that's what we do you know, when we come in for vets we take over so they don't have to worry about that, but you've got everything you need. 6:07 And as Carol said, you probably have to go back to the board but they can't, [laughs] you know, they can't deny you justifiably so they're gonna try to delay you to see if you go away. 6:15 And I am finding this in all my SMC cases. It is infuriating. 6:21 I have, I mean, I have ca- I think I talked last time I was on about I had a board, and I still don't have a decision, a board granting service connection for TBI, traumatic brain injury, which sets up for T in June, June 6th of 2025. 6:36 Do I have a decision? No. They, they waited forever to send them out, maybe September, October, and then they have continued to ask for more clarification. 6:46 They are doing this in every one of them because they want you to go away. And unfortunately, some of my clients do. Yeah. "I can't take it anymore. I'm not gonna do any more exams. I quit." Yeah. 6:55 That is exactly what they're doing, and don't you let them do that to you. It's your money. Yes. This is this how the government tries to keep your money, and they, they shouldn't. 7:03 They were not doing this last year, but this year, I mean, all of last year and into this year, that's their new plan. So you just need to feel like, "I'm not gonna let you push me around. You've already done it enough." 7:18 @DavidWilliams. "Hi- Great... I'm from Marine and I've been rated 100% P&P for PTSD alone in 90-" He's from Maine, not Marine. He's from Maine. Yeah. Okay. Matt needs to learn to read again in 2026. 7:29 [laughs] "I was awarded SMCS and rated for statutory housebound. Can I earn money?" 100%, if you're combined 100%- No, no, he's, he's 100% just for PTSD. You need to read. No, it says, oh, you are right. I am right. 7:44 So, yes, you may work. Yeah. Uh, the only time you wouldn't be able to work would be if you are, uh, found to be 100% through TDIU unemployability, uh, so this is fine here. Great. Mr. 8:00 Williams, "I was wondering, are there any updates on the remaining legacy appeals? I remember you guys saying no one from the VA showed up to the Nova seminar to give any updates. My appeal is from 2017, 8:13 and I'm trying to figure out what's going on since no one's talking about it." I think he filed... Yes, I have a bunch of them sitting there, and you know, all, they had priority. No, they don't. Now they don't. 8:23 As of some reason for last year, starting in 2025, who cares? And you can't get any information. I think you should file a motion to advance on the docket and state your claim has been pending since 2017. 8:36 In light of that enormous delay, you think it should be expedited. Okay? If nothing else, they're gonna look and make sure they have your claim, let you know what's going on, I would think. Yeah. 8:48 Tiny Tiny, "I have two disability claims, PTSD, thoracolumbar sacral spine. The VA tells us that any care, mental health and physical, is paid for, including meds due to PTSD, due to MST. 9:02 My primary care physician is working against me and- No kidding... waiving my medical co-pay, which is for OAB. She tells me I'm manipulating her to waive my meds related to PTSD. 9:14 My question is, have you won claims for OAB due to MST, and am I correct that OAB- What is OAB?... is indeed related to MST? I researched this topic on Public Med and there are numerous writings starting with it." 9:28 While he's researching OAB, you need to get another primary care. You have a right to someone who, who understands and cares for you. 9:37 This person looks like they've got an agenda, and I would immediately stop going to them, 'cause all that she's doing, or he, whoever it is, is just creating a bad record for you. Get out of that. Don't go back. 9:49 Uh, call and say, "This person has not really taken care of me and I want another doctor now." Overactive bladder, that is what OAB is. It could be. Yeah. 9:58 I think you need, you're gonna need a, a good nexus statement, but yes, it definitely could be. Could be related either to the MST itself or to the, uh, it could be a physical- Right... 10:07 manifestation of, of your psychiatric condition. I, I completely agree with Carol. Um, you know, if this is already service connected and they're trying to deny your, your meds, I mean, that is, that's a shitty doctor. 10:19 I'm sorry to use French, but, but I mean, uh, that, that infuriates me. And any of... This happens, uh, unfortunately too many times, and they say, "Well, it takes me so long to get a doctor." 10:28 Well, remember, there still is that you have the right to have a doctor, if they can't give you an appointment within 30 days, and you need to go, I always say go to the top. 10:37 Go to the person that actually runs that VA facility and say, "I wanna talk to you about this doctor." Like I said, they're not gonna talk to you. They're gonna find out, "What can I do to get rid of you?" 10:46 Get rid of, yeah. Okay? And if getting rid of you is getting a new doc, that's what you want. That's what they do, and that's the quickest way to get what you want. Don't work with people that can't help you. 10:53 So the people that are just setting... 11:16 When did you- Are we muted now? No, sorry. There, we're back. Uh, can you tell us the last thing we were talking about? 'Cause we were saying some really good stuff. [laughs] Okay. 11:29 Well, uh, Tiny Tiny, the, the, the basis of what or the synopsis of what we were saying is, you have power. 11:35 You need to go to the head of your VA facility, not the person scheduling appointments, and tell them you wanna c- have, or excuse me, you have a complaint, and they're gonna wanna get rid of you, and say, "How you get rid of me is just get me a new doctor." 11:48 Right. Say, "I wanna talk to the head of the facility. My doctor is not treating me. I'm getting bad treatment, and I wanna talk to the head of the facility about getting me a new doctor." 11:58 They don't wanna spend time with you, they will make that happen. If you keep trying to talk with a clerk or somebody who really doesn't have any ability, you're not gonna get anywhere. 12:06 Don't waste your time and use your power. You have itAll right, um Isidore Vasquez Yeah. Well, I'm, I was gonna, I was gonna mess that up. [chuckles] "December 16th, 2025 decision letter. 12:21 Service connection for neuropathy, upper right extremity is denied. Also decision on entitlement to compensation due to neuritis, left hand deferred via closed claim. Haven't gotten a decision with deferred left hand. 12:34 Right extremity VA C&P exam, December 11th, 2025. Examiner did not render diagnosis or opinion. 12:42 Decision letter dated 12 22, '25 for a service-connected upper leg with radiculopathy denied, but in this decision letter under favorable findings, dated 12 22, '25, it reads, 'You have been diagnosed with VA disab- or dis- disability VA examination, showing a diagnosis of diabetic neuropathy.' 13:01 I want to write a personal statement and submit supplemental claims for the decision letter dated 12 16, '25, upper extremity, left and right, referencing 13:11 that decision letter reading, reading that I have a disability with diabetic neuropathy." 13:16 Can you start again, Nate, to see- Uh, well, and, and one thing you didn't tell us was are you already service-connected for diabetes? That, that's a huge point there. If you are, then you're right, this is frankly easy. 13:29 Um, they should service-connect the neuropathy. And- "Service connection for neuropathy, upper right extremity denied. Also decision deferred on," next, "left hand deferred. Haven't gotten a decision on left hand. 13:43 Right extremity VA exam did not render diagnosis or opined." [clears throat] "Decision letter for right upper leg radiculopathy denied." Right. "You have been diagnosed with a disability," next thing. Next, 14:02 "diabetic neuropathy." Does that, does that show... Uh, I guess I'm asking you, does that show where the diabetic neuropathy is? And I think it probably is, 14:13 I don't know if I'd go to CAR and ask them to review this or not, 'cause you're gonna get the same... You have a, you have an ability to complain about the exam- Mm-hmm... and then, and go to CAR as well. 14:26 So I definitely think I'd go CAR if you still can. You still can, it's the 16th. So I would go CAR and explain what happened during the exam and ask them to reevaluate it. 14:35 Then if you don't get what you want, you can file a supplemental claim. But the thing about CAR is usually they give a pretty quick decision, so I don't think you'd be wasting time. 14:44 I just think, I, I mean, I'm assuming you have diabetes service-connected. If you don't, forget the neuropathy. Right. You need to get that service-connected primarily. 14:53 Um, but if you do have that service-connected and you now have a diagnosis of that, I, I'd go to CAR and say this should just be service-connected. 15:01 But I guess back to what Carol said, if they're not specifying which extremity, then unfortunately you have a bad C&P exam and it's gotta go back. Right. And that, that's something that CAR people do right away. 15:11 They're really quick to say, [clears throat] "Duty to assist. Give another exam." Yeah. All right. M Materni, Materni. Okay. 15:23 "OEF veteran, Terra supplemental claim for rheumatoid arthritis denied with favorable VA rheumatologist opinion and DBQ. Two separate C&P examiners state no nexus. How to fight?" You'd wanna go to CAR. 15:36 Remember, anytime I get something from a supplemental, a new claim, I don't pay any att- I read what they say, but these people are usually not the most... They haven't been there that long usually. 15:48 They don't really understand the law, and they are a lot slower to give you benefits. Go to CAR, 'cause that's where you have your best chance of winning. 15:56 If you don't win there, then you can look and see, what am I missing? But it sounds like you have really good evidence. And remember, you can file... Okay, so you're denied initially. 16:05 You can file just a higher level review, okay? I don't like... Then you can ask for a hearing. I don't like that because they take forever. You, you're at the hearings, it's a mess. 16:16 You know, they'll give you a hearing, and then they'll call you, and you don't answer the phone 'cause it's on Saturday, and so they said you didn't cooperate. 16:22 The CAR, you get to write down exactly what you want them to know. If they wanna know anything, they'll let you, they'll contact you, and you get a much quicker decision. I love the CAR. 16:33 Uh, the VA was talking about getting rid of it because it's so good. So use the CAR while you have it. I think you have a good CAR claim right now. Okay, so if you, uh, we don't know what the decision is, right? No. 16:45 So let's say you're outside the 30-day window. What I would do is as- still ask for a higher level review. Do not ask for the hearing, but put in writing why you should win. So here's why you should win. 16:56 You have a specialist, a rheumatologist from the VA- He has... giving you a favorable opinion. Who were the two C&P examiners? My bet, they're nurse practitioners or at best a generalized VA doctor, okay? 17:11 Not even a VA doctor, just a, just a general medicine doctor. So my argument would be, 17:17 you know, that they, they need to give more weight to the rheumatologist who's both treating you and has more substantive knowledge on this issue. 17:24 If you can look on that opinion and he gives a good rationale as to why it's service-connected, I'd also say, "My doctor said it's service-connected because X, Y, and Z. 17:34 The VA ex- or the C&P examiners didn't address X, Y, and Z." Yes. So that's how I'd go. So either CAR or higher level review, written out statement showing that. If you've missed CAR. Yeah. 17:46 And remember that you have a right to complain about the C&P exams. You c- how long were you there? What, you know, did they spend any time, did they ask you any questions? Did they actually look at you? 17:56 So if these weren't good exams- Mm-hmm... this is your opportunity to tell them. So on a- Well... Yeah, go ahead... on a 4138, uh, that's VA 21-4138, you state in there exactly what happened. 18:07 Or- But do you think that's gonna be supplemental evidence? No, 'cause I think that's part of the exam. I don't... I, I do it with all of mine- Okay... 18:15 and they've, I haven't had a problemI would not be asking for new exams though. No. I would be saying whatever you're saying, it took 10 minutes, they didn't ask me these questions, whatever, to discount their opinion. 18:26 Yes. To say, "This opinion is worth much less than my doctor for the reasons I stated and for what Carol stated." Sprinkler Buddy: "I was medically retired from a gunshot wound in '93. 18:42 I was granted residuals of gunshot wound also in '93. Didn't realize my gunshot scars had never been rated until 2024, and now have a scar rating from my gunshot scars. 18:54 Is this winnable CUE for getting my scars rated back to '93? The VA renamed and backdated my original scar rating that didn't include gunshot scars in 2024 once I brought the issue to their attention. 19:07 I now have two separate scar disability ratings." It's clearly, I think it depends on what was in the record back when, in 1993. Yeah. If they talked about your scars being painful or unsightly, then I think that is CUE. 19:19 But you, remember, you can't, you can't put in what you have now. Yeah. You can't put in the C&P exam that just rated these. You have to look and see what was in the record. 19:29 So you need your claim file, and you need to see what was in your regular medical records and what was in the C&P exam, and that will tell you whether you have CUE or not. 19:37 Couldn't he also look at the service records to see what they- Yes... in addition to whether it was through and through or if it was also, um, you know, the scars there. 19:46 So you wanna see what was in the record at the time. If it just mentioned scars, I don't know what that rating would be if there's no discussion of painful or disfigurement. 19:54 Um, but it, it all depends on what was back then. Gunshot wounds, you know, Carol and I, well, hell, she likes CUE. She likes everything. I don't love CUE claims- I do... 20:04 because I just think they're so hard, 'cause you gotta go with what was the facts and the law back then. Uh, but gunshot wounds is one of the areas where we've had success getting backdated. 20:14 Both the scars and, and the mechanism of injury as far as was it a through and through or did it not go through. Did it hit a nerve? Did, yeah. And, and so those are, those are issues we like to take up. 20:25 Uh, we, we've won a lot of Vietnam cases where we've taken them back because they screwed up the initial rating. The initial rating is very dependent on what the service records speak to. 20:34 So, um- And sometimes they don't have the initial service records. Yeah. Sometimes they have months later- Yeah... because all the others were lost, or I don't know where they are. 20:44 So, you know, these, you know, we know certain, there are certain things when we see it, we know this is something they are likely to have screwed up- Yeah... and this is one of them. Yeah. I agree. 20:55 [sighs] HS Male: "If you have P&T rating, does static designation have any advantage?" Carol? Well, I think it does in that they're not supposed to set you for another C&P exam. 21:09 But for some reason, sometimes I'm finding they do, and they have the right to do whatever they want on that. 21:14 But usually it, it takes care of that, unless somebody calls in, says, "Hey, I see him out playing football," or, you know, things like that. But yes, that does give you some protection. 21:24 Typically, the way we see a new exam is if the veteran asks for a new disability or a higher rating based on one of the ones he already has or some kind of disability secondary to what you're already rated for, even though they shouldn't be reviewing the primary. 21:38 It's kinda like you open the door, and they say, "Sure, come on in. And by the way, when, while you're in here, we're gonna reevaluate what you have." 21:45 So my thought is, if you're maxed out on those ratings, you just stay away, live your life and, you know, move on from there. 21:57 TCC 132 part one: "I wanna personally thank H- Helen Ponton for top-notch education on VA disability benefits. I received my BVA direct review appeal decision on January 12th," that was yesterday- Uh-oh... 22:10 "based on Barry, and was granted SMCO." Yes. Wow. That is awesome. "As well as R1," that's what I was gonna ask you, um, "with an effective date of April 29th, '24, based on loss of use of both feet," so that's L. 22:23 "PTSD rated independently at 100," M. "My other service connected dis- were separate and independent, [clears throat] um, of the basis of L and are rated 50, combined to 50, which got me to SMCO. 22:38 Once you're at O, required A and A, automatically bumps you to R1. Without Carol..." Oh, look at that, Matt and Carol's Corner. 22:46 [laughs] "Highlighting this, I would have never pursued the benefits I deserve based on Barry. Even though I have no legal representation, your entire team podcast empowered me with knowledge." 22:55 Thank you, and that's the reason we do this. You deserve these benefits. Yeah. "And the fact that, oh, I, I needed to win at the BVA. Thanks again. I've been a fan of your podcast since '23. 23:05 Will continue to watch, hopefully assist other vets. Happy 2027." Same to you. So I'm gonna go back to the person whose case was at the board. Yes. Remember we were talking about this. This is what you gotta do. 23:16 I mean, TCC, y- you put your head down, you grinded, and you got big benefits. They would've loved just to stop you at SMCL and say, "Oh, look at these big..." you know. 23:25 We s- unfortunately, as Carol says, we see VSO saying, "Hey, what? You're being greedy. Why should you want more?" But you dug into the law. You knew, again, as we say here, knowledge is power. 23:35 You knew what you were entitled to, and you kept fighting. You had to go to the board, and we hate that. We hate that the RO doesn't know what the law is, or they're too scared to give you your right amount of benefits. 23:45 I mean, if, if they're giving you, what was that, $9,500? Is it, isn't that- Yes, a month... you know, their, their supervisor might say, "What are you doing here?" And get, get them in trouble. But this is great. 23:55 And again- This is wonderful... we're not focused on time, we're focused on the right outcomes. Right. I'm glad to see that. Now remember, think about time as more money piling up, okay? 24:05 Yeah, that you are gonna be entitled to. Yes. So great job here. It's so fun when you guys share this with us. Sometimes I just think I'm speaking into a- [laughs]... 24:14 a void and nothing, uh, is going on, but it's great to see that this happened. Thank you for sharing this. 24:18 I would like to know if we can use this as a quote, because- MmA lot of people, you know, th- there are a lot of people out there telling people what the law is, and a lot of them aren't right. 24:30 And so we- this is one of the reasons we do this. We want you to know what, what the law really is and what your rights are. 24:36 If you would email us or letter us so we can use that, I would really like that, and I am so happy for you. Great job. Great job. Trishway22, "What are examples of valid CUEs? 24:50 Besides getting records, I can't figure out what would fall under the duty to assist category and not be a CUE." A CUE means that when they made the decision, it was clearly wrong. 25:03 So looking at the evidence and looking at the law at that time, this decision was wrong, and you can't, you can't look at anything after that. You have to look just at that isolated time and period and evidence. 25:16 Uh, CUEs are very hard because a lot of times CUE is there, but as Matt says, on the [laughs] initial claim, they're not gonna find CUE. Mm. 25:25 And some- most of the people that you have on higher level review are not gonna find CUE. It, unfortunately, the VA does not reward their employees who give money away, as they look at it. Give money. Give money away. 25:38 And so you almost always have to go to the board, and I'm telling you, sometimes I've had to go to the court a number of times because they don't even understand the law, some of them. 25:47 So the problem with CUE is you're almost never gonna win at the regional office, and you need to just accept that and realize you're going to the board, so you're preparing your claim for them and don't expect to win at the regional office. 26:00 Every once in a while, I get shocked, but I'm telling you, I've gone to the board, back, board, back, and then all of a sudden we'll win. So no one likes to a-award CUE. 26:09 They're saying somebody made a mistake at the VA, and they don't like that. So, uh, what kind of, um, category? So first of all, duty to assist, I think as you're saying here, does not qualify. No. 26:22 So the VA didn't get you an exam, got you a crappy exam, uh, didn't get current records, Social Security records, even though those would have proved your case, and even if they proved your case later, it doesn't matter. 26:32 That's a duty to assist error, and that's not CUE. We were just talking about gunshot wounds. That's a, we see a lot of CUE there. The other ones are reductions, severance. Those are usually CUE. Yeah. 26:44 And, and the other one I would say is when they say a disability preexisted and it didn't or preexisted and was aggravated. 26:51 Those are, those are issues we always, we red flag saying, "Okay, let's look at this initial decision because there's a high probability of being CUE." 26:59 But again, we don't, um, you know, we, w-we don't see CUE that often, and when we do, we're gonna pursue it, and they're gonna deny, deny, deny. But, um, you know, it's, it's a hard claim to, to, to win. 27:11 And remember, there's a difference between CUE and reopen. Mm-hmm. So say you had a claim and they denied you, and within a year you put in medical records, that should have reopened it. 27:21 You should have gotten another decision. If you didn't, then that's not CUE. That's an open decision, and they are much easier to win than CUE. So always know what you're talking about. Um, 27:33 uh, j-just- Why is that much easier to win? Because you can put additional evidence in. The case isn't closed, where with CUE, you're looking at a limited set of facts that cannot be changed. She's right. 27:46 [laughs] All right. User TF4RY7QD, "What can you do if your remanded claim is denied and sent back?" You could argue as to why. First of all, most of the... 28:01 Sometimes they get a C&P exam, and you can talk about whether that was valid or not. 28:06 But the, the V-the VVA always says exactly what they want done when the case is remanded, and it is almost never complied with by the VA. 28:15 So m-my first thing is, I think you should point out what they didn't do and that it's not valid, and then if you can get additional evidence, you can send that in as well. Um, so I would do both. 28:25 I would make sure that they complied, and I would also see what I can do to make your position stronger. Yeah. 28:31 And, and just to note on this, under the AMA, the new law that started, what, in twenty nineteen, they don't automatically send your case back anymore. You have to appeal this to the board. 28:41 So the, the old law used to be you get denied on a statement of the claim or statement of the case, and it would automatically go to the board, supplemental statement of the case. It would automatically go back. 28:52 They don't do that anymore, so you need to appeal. 28:54 Now, you can always appeal at the RO by submitting a supplemental claim or a higher level review, um, but you, you have to be proactive here versus letting them just send it back. So how do you know which one you are? 29:07 If you get an SSOC, a supplemental statement of the case, you're in the old law, and it's automatically gonna go back. But if you get a notice of award, it's not. 29:17 You're gonna have to appeal that just like you would appeal anything else. [clears throat] It's time for Carol's Corner. Okay. Here's the latest trick coming from the VA. 29:29 So my client called me yesterday and said, "The VA called me and said they were having trouble, um, getting..." First of all, he needed transportation. 29:39 They didn't think they could get him any, and so they said, "Would you like us just to do a record review?" And he said, "Well, I guess, okay, yes." 29:45 And I said, "You call them right back and tell them you want an in-person examination." So what, what's a record review? Now, sometimes the VA itself will order just a record review on one specific question, say. 30:00 But if, if you have a right to have a compensation and pension exam, you want to be there. First of all, a record review, what records are they reviewing? Who knows what records they're reviewing. 30:10 And secondly, you don't give, y-you don't get to give any input to the VA. You don't get to tell them what's going on with you. So the worst thing you can do is agree to a records review. 30:20 And I've had this question three times in the last few days, so I think this is a new thing. So remem- or I... 30:27 And here's the thing, I can do a record review, and you can have it right away, and we can move your case alongFor, yeah, right. 30:33 I feel like getting a denial real quickly is not what you want, as opposed to waiting a month or two if you have to, to get a better result for yourself. 30:41 So realize, this is the worst thing you can do, and if you have told them that, call the C&P back, back and say, "I did not understand what I was doing. I absolutely refuse to have a record review. 30:52 I want an in-person exam." Now, if you happen to be in a place where you can't, it's three hours to travel, then you say, "Okay, I want a Zoom or a video exam." But you never want a record exam. 31:04 So I'll take the other side of that. I see record reviews a lot where you had a C&P exam, it gets to the adjudicator, and they say, "Well, you didn't answer this question." 31:13 So they send it back for a record review or, um, you know, you get opinion that's favorable, opinion that's not, and they send it to a record review f- through a third, third doctor. So that, that's pretty common. 31:25 But they, that's not where you have a, you have an option to have an exam. Right. Right, right. Okay, that's, that's true. So I'm talking about where they call you up and say, "Here's your options." Okay? Yeah. 31:35 There are lots of times when, as Matt said, VA is asking for a record review. You have no option, but whenever you do, you don't want one. She's gonna have a new sign, "No record review." [laughs] "See me in person." 31:50 And that's Carol's Corner. Yep. Happy Ness, good to see you. "Hi, for supervision and protection A&A caregiver program, do they also require they need help with ADLs?" Yes. That's the whole thing about it. 32:06 That's the whole reason why- Yeah... you would need, uh, protection and caregivers. But so again, with your activities of daily living, you don't have... You have to have a regular need. 32:15 It literally doesn't have to be every day. Right. Not every second. No. It can be just regular on an ongoing basis. Nathaniel, "What happened if you have an appeal at the BVA, but in the meantime, you reach 100% rating? 32:30 Will they, will you receive back pay from the claims at the BVA, but providing you get granted?" Well, [laughs] they do it several different ways. 32:40 Often what the BVA will do will be dismiss the appeal because you have been... Remember, the BVA can only decide whether what has already been done was correct or not. 32:50 So in that case, the only thing that was done was whether or not you were entitled to 100% rating. There was no effective date, so they can't review that. 32:59 So they're gonna dismiss it, and you're going to appeal asking for an earlier effective date, showing that it has been continuously appealed. Okay? 33:07 But you have to do that at the regional office, or if you're able to go to the BVA, if you get, like, a higher level review decision giving you 100%, then you're gonna ask for an earlier effective date, and you can take that to the board. 33:19 So just to kind of put this, dates on it, let's say you have, um, a, a case you applied for in January 2024, denied, denied, denied, goes up to the board, and then in January '25, you, it looks like you filed a new claim that got you 100%. 33:37 The BVA still has to decide that claim because that would be a further year of benefits, and as Carol's saying, they could dismiss it saying, "Oh, you already got your benefits." 33:45 And again, that's a easy way they keep your money. Um, so y- you would have to see, you know, whether- I can tell you they've dismissed all of mine. Yeah. 33:53 So, so as Carol said, supplemental claim there, and then just get it back to the board is what I would look to do. 33:59 So whatever decision, if the regional office gave you the 100%, you appeal that for an earlier effective date- Oh, yeah... saying that you have continuously appealed this. Okay? 34:08 But you have to appeal to the board, 'cause the RO's gonna say, "We don't have jurisdiction over the other case." 34:11 Well, try a CAR, because if you can show, I have one pending at the board, and if they deny you, then you can go to the BVA. 34:18 The CARs, those CARs, 30 days, I mean, they really are getting those decisions out, sometimes the next day. Good to know. Th- th- there might be, the VA might be listening. 34:27 [laughs] 'Cause you said they're gonna get rid of them. Mark, "Blue Water vet with Agent Orange exposure, 30% I, 1975 medical retired, 10% tenances, 100% PTSD, prostate cancer at 60%-" Wow... ischemic heart disease." 34:46 Wow, you got it all. "Final rating 2025 after four bypasses, sustained tachycardia followed by stent, arrhythmias requiring cardiac ablation and ICD implant. 34:59 Claim was closed at 60%, uh, just after ICD implant, even though I gave them ICD evidence. With a 60% rating, I get SMCS, so is there any reason to appeal and try to get 100%, uh, that an ICD is supposed to qualify for?" 35:15 Well, that depends on whether you're gonna go on for aid and attendance. And remember, did you say you have a coronary artery disease? 35:21 If you do, you're entitled to a separate rating for the coronary artery disease and a separate rated from the ICD. 35:29 So they may, that may give you additional to get you in the higher rating for, uh, aid and attendance if you need that. 35:36 If you're not gonna go beyond SMCS, then I don't think you need it, but just telling you, you should have gotten two separate ratings for those. Yeah. 35:45 So you need to s- you need to figure out, look at acti- uh, daily activity, activities of daily living- [laughs]... 35:52 and see, and, and frankly, I'm, I'm asking, if, if I'm representing you, I'm not asking you, I'm asking your spouse, "What activities do you need help with? Is she helping you get out of bed?" You have a lot of problems. 36:03 "Is she helping you, you know, with the bathroom, with the shower, with getting dressed? Can you make your own meals without being a danger to yourself?" Reminding you of your medications. Yeah. 36:12 It's really hard to think that you don't need aid and attendance. So if you do, that's really going to, I'd get aid and attendance for just one of your many problems- Yeah... 36:20 and you should be going way up the SMC ladder. I think you're in que- you know, remember, you're only gonna get, what is it, five, $4,500, $4,600 when you're probably entitled to 7,000 anyway from just what I'm seeing. 36:34 Yeah.But again, you know, think about it yourself, talk to your spouse, talk to your loved ones who see you on a weekly basis. If they're all saying, "No, you're fine. 36:45 You're- you know, you struggle, but you do it all on your own," uh, then, you know, it's probably worth not, not pursuing. 36:50 But in addition to that, even if it's not worth pursuing now, you need to continuously monitor this because as bad as it is today, unfortunately it might be worse next year, and you just need to know you can be entitled to more benefits. 37:02 Right. Are you getting SMCK for loss of... for erectile dysfunction? 'Cause if, you probably have that with prostate, so if you're not, you definitely need to get that. 37:15 'Cause that will give you more money, and it should be pretty automatic. Hmm. Lemuel Riddick. I am really- [laughs]... struggling to talk today, guys. 37:28 "I have CUE claim with the BVA for hypertension and service diagnosed at nine eleven. I have a claim under thirty-eight CFR 3.303B and 3.309A. BVA made a decision November, 37:41 uh, nine- eighteenth, twenty twenty-five, but still has not posted. Any ideas?" Yeah, a lot of times what happens is I'll see they will post a rating decision. So this isn't a final decision. 37:51 It's a rating decision, and then for some reason, they decide to look at it again. So I would call the VA and ask them what's going on with that. I'd also send in a forty-one thirty-eight saying, 38:02 "There was a rating decision posted November eighteenth. What's the status? Why hasn't it moved?" Well, it's not a rating decision. It's a decision from the BVA. Uh, well, what does that say? 38:11 "I have a cue at the BVA for hypertension." May- It's saying the BVA made a decision, but it's not been posted. How does he know it's made a decision? Yeah. I- Then you write... 38:25 God, you definitely need to call or write the BVA and say, "It's my understanding there was a decision November eighteenth, but I've never gotten a copy of it." 38:33 And you also should call the re- the VA office because they should have a copy of it. Somebody should have a copy of it. And, and without getting it, you know, your time to appeal is going by. Yeah. 38:45 And you wanna show that you didn't get it by calling. George Lowell, I don't know, what else? [laughs] Uh, 38:58 Terra Memo in file, daily exposure to neurotoxins without PPE, peripheral neuropathy, restless leg, unexplained neuro issues all over body. VA denied twice. 39:10 Don't know if there's any, if they're reading strong Nexus letter. Is there- More? Uh, if you have a good Nexus letter, this is where you need to appeal. If we're in within thirty days, as Carol would say, do a CAR. 39:25 Otherwise, I would do higher level review without a hearing and, and just note why your Nexus letter is strong and why the B... 39:34 I mean, if they don't even have an opinion, I'm just saying, "Look, the only evidence points towards granting here." If they did get a C&P exam, then I'm saying, you know, "Here's why mine's more probative than theirs." 39:44 But he's, you know, these, they don't like these, okay? So there are certain things, like you tell me what you file for, and I'll tell you whether you have a good chance of winning at the regional office. 39:53 Peripheral neuropathy without diabetes, they hate. They have this stupid regulation saying it had to manifest itself within, what, a year of discharge and then go away. Gotta go away, yeah. 40:04 So they are really hard on these. You're probably gonna have to go to the board to get this approved. And if you don't like it, send it to me. 40:13 [laughs] They make me so mad, you know, because they know about this, but they continue to- Right... deny them. 40:22 The Upward Asset, "What's your thoughts on how the, how the update to M twenty-one will affect SMCT claims updated last week to include Laska case?" 40:32 My hope is that now that if you have A and A for your TBI, they're gonna automatically grant, uh, [drilling] SMCT. I mean, that's, that's a hope, right? And I hope I win the lottery. 40:44 [laughs] Even though I don't buy tickets. I mean, so we've had several people point this out. Again, kudos to y'all. Good on you. Knowledge is power. 40:52 I would write, um, I- I mean, I would, I would just write a forty-one thirty-eight saying, "Hey, I have, I have a, um, a TBI that is for which you've granted me SMCL, um, aid and attendance. 41:06 Uh, you know, under this provision in the, in the manual, the M twenty-one, I should be granted higher." I'd write that and point it out, as Carol says, you know- Okay. This is what I'd add to it. 41:17 I'd get a forty-one thirty-eight where you outline why you would be needing residential care if you didn't have the help of your spouse or whoever you have, and I would have your spouse write a letter saying all the things they do. 41:31 Like I have, "Gets lost, gets confused, doesn't know where their medicine is, forgets to take their medicine." 41:37 Those are serious health problems that you need to be in some type of residential care if you can't do those things. 41:44 So what you need to do is point out all of those things you have, get a witness, and if you can get two witnesses, that's better. But remember, you're, you're probably going to the BVA. 41:54 So make sure you do this so that it's really well laid out for them as to why you would need residential care but for. 42:01 And that happens, there's so many people that are taking care of someone who, because of traumatic brain injury, really can't function by remembering they need to go to the doctor, remember to take their medication. 42:13 They just can't. And they are the ones that deserve this SMCT. And what's your problem with that, Mal? 42:18 My problem is you, I think you're, you're sneaking in a higher level of, um, you know, p-proof that the veteran needs by saying residential care. I, I, that's- That's-... not in the statute. What's in, what's in that? 42:31 Uh, you're talking about for SMCT? Yes, the new M twenty-one. Oh. 42:36 Um, I don't think I have that updated in here.'Cause remember before they were making you reach R2, which means you needed some kind of medical care, like you needed a prosthesis cared for, you needed IVs or things like that. 42:50 That's what they got rid of, and you don't have to show that anymore. Now you just have to show that you need someone to care for you, because otherwise, what does it say? Oh, shit, she's right. 43:00 [laughs] I'm always right. 43:01 SMCTA is, is payable for veterans due to service-connected, uh, TBI in need of regular aid and attendance, and would otherwise require hospitalization, nursing home care, other resident- residential and institutional care. 43:14 So- Which is not hard to show. You just... Remember, when you go to the doctor, they don't have time to write down all this stuff. 43:20 So what you need to do is put forward all of the things that this, you need help with, and have the person who doesn't do that as well. 43:27 And I always love, give me another witness, because the more you have, the more the BVA will be convinced that you need this. Remember, you're not, you're not gonna convince the regional office in all likelihood. 43:39 You're going to the board, so make sure it's all laid out. And then when you go to the board, if it, it was all laid out, you're asking for BVA direct, because that should be a quicker decision. Yes. If it's been in... 43:51 Remember, all that information had to be in there for the initial decision. Yeah. It can't be in for the higher level review, or the board won't consider it under direct. 44:00 Otherwise, you can file evidence and put it in within ninety days, but remember a lot of those cases are sitting there unless you have a right to have advanced on the docket by being seventy-five or older, et cetera. 44:11 So I- if it's not, if you're under seventy-five, a- I would file a supplemental with everything and then go directly to the board when you get a decision on that. [laughs] Mark George, "I have an intent to file. 44:25 Is it activated only when filing new claims or would it also include an appeal to the Board of Veterans' Appeals?" 44:31 An intent to file is just a stake, you know, in the sand to, or stake in time for which your effective date is going to happen. 44:40 So if you already have an appeal ongoing, that's completely unrelated and frankly, that, uh, effective date's gonna be way earlier than, uh, whatever you have you're wanting to file. 44:51 So, so intent to file is totally different. 44:53 And what, what we've been doing, and I'm trying to do it in all my cases, whenever I file a claim for a veteran, the next day I file an intent to file because then if something comes up over the next year, 45:04 I can file for it and it goes back to that date if I can show you had that problem as of that date. I'm just always trying to get you the most money and you-- I can, and that's, that's why we file the intent to file. 45:14 Maybe then I don't use it, but I have it there if I need it. CN Rabb, "Hi, I re- Ooh... opened a denial of NOD for missing STRs under three four one five six C, an award was granted with the markers only. 45:32 STRs with diagnosis and treatment not given to examiner or ignored. Do I file higher level review or resubmit the same?" 45:39 You're not gonna win this at the regional office, so go CAR, see what you get, and then go to the board. So this, hats off to you, first of all. Yes. Kudos. 45:48 I mean, this is one of the ways, uh, we get, you know, we, we get benefits decades back under this regulation. Carol's actually gotten back to the nineteen forties for a World War II vet. 46:01 Um, what, what happened here is there were, uh, you know, the vex- the VA made an initial decision. They got, they should have gotten service records. 46:12 If they didn't get all the records or they didn't get any records, and in this later claim, our vet here added service records- That are relevant- That are relevant... to your claim. 46:20 That triggers a review of the initial claim. And that's what's called reopening. Not cue, but reopen. Right. No, exactly. 46:27 And that's what we look to do, as Carol said, we, we wanna reopen because now we can add more evidence on that. 46:31 We can add a outside medical exam that says, "Hey, back then this person had this severity of disabilities and should be rated here." So again, great on you. 46:41 Uh, as Carol said, sure, go for the HLR and your CAR if you can. And then go to the board. Yeah. And I'm telling you, if the board denies you, go to the Court of Appeals for Veterans' Claims. Yeah. 46:50 Because they don't like these. What are you drinking? Just water. It's, uh, it's early. I think it's before, before five. [laughs] Robert, "Is there a rating for lymphedema?" There is an ability to get, 47:08 uh, a rating for that, but I don't know if there's a specific one or if we have to do an analogous rating. Yeah. Uh, rating. [keyboard clicking] I think, I think it's gonna be an analogous rating. 47:22 Um, it's all- Yeah, I don't remember seeing one... it's all analogous rating. Okay. 47:24 So if the VA does not have a specific, uh, rating for something, they're supposed to use the disease or the problem that's most closely resembles what you have. 47:35 And that's another thing you need to be careful of, 'cause often they're gonna pick something that isn't closely related and gives you a lower rating. 47:42 So always make sure that you find something that's close to what you have and gives you the highest rating. So we've got an internal chat GPT thing that we use with, uh, 47:54 with the rating codes and the M twenty-one and decisions and, um, this is what I was able to pull up. As Carol said, there's no specific diagnosis code for this, so you're gonna have to use an analogous rating. 48:06 The rating that, that's recommended under our information is thirty-eight CFR four point one oh four. Thirty-eight CFR four point one oh four, and that's for post-phle- Phlebotic... phlebotic syndrome of any etiology. 48:21 Uh, Nate, I'm gonna put this in here, and if you can post that to the chat, that would be great. And it has ratings from zero to a hundred percent. So, uh, this is probably what you wanna do to get there. 48:35 So again, you're looking at an analogous rating. Um, that's what we found for the, the most likely. And again, what, what you're doing here is you're looking at symptomatology versus diagnosis. Right. 48:45 So what symptoms do you have and where does it fit on here? Look through all the rating codes, 'cause there could be something else that, that could fit as well. Um-I'd say the RO knows what an analogous rating is. 48:58 Do they apply it all the time? No. So again, this might be a case, unfortunately, we have to go to the board. Right. [clears throat] Grace Smith, good to see you. 49:08 The most important document, how do we get copies of the C&P exam? Call the regional office, and most of the time they'll send them to you. 49:14 If don't, if they don't, file a forty-one thirty-eight asking for a copy of that. Or when you call the VA, a lot of times they'll do, um, information call, and they will say, "Asking for a copy of this." 49:27 So if you call and you didn't get it, and then you call back, they'll see that they should have sent it to you, but you definitely can get it. I'd call. 49:34 If you don't get it within two weeks, call again, and also send the forty-one thirty-eight in. Yep. Paul White. I'm a hundred percent P&T. 49:44 Last year I underwent a quadruple bypass, Fort Mac bases, additional training there. [clears throat] Hundred percent P&T. Um, oh, I now have a quad bypass within the past year. 49:57 I was stationed at Fort Mac three times, if that matters. Should I file a claim for this? If so, do I connect it? You're already a hundred percent, right? Yeah. We don't know what for, though. Yeah. 50:08 So, but I mean, is that gonna, maybe they can give him an S? Yeah, we'll give him S- Yeah... 'cause he's P&T. 50:14 So yeah, you would get at least an additional, what's that, three, four hundred dollars a month, uh, if you got that service connected. Fort Mac, not easy. 50:22 Um, we fight a lot of these cases, and the VA just regularly denies them. Uh, but, you know, there are more benefits out there to get. You're gonna, it's gonna be a long fight. 50:32 But remember, you know, a lot of people are focused on maybe Fort Mac, but think about what was your MOS? What did you do in the service? Did you have toxins that may have caused cancer, I mean, a heart problem? 50:44 Um, there are lots of things to look at other than just what you were stationed. 50:49 I, I find a lot of times that the cleaning solutions you used or the air you were exposed to or whatever could be the cause of your heart condition, or what your service connected for could have caused a heart condition. 51:01 Um, make sure you research all of those. Don't just focus on one thing. C. Webb. 51:11 Just ask a narrative question, if your vocal cord was paralyzed while doing spinal fusion surgery at community care hospital, could a malpractice process be considered even if the surgeon- At both facilities... 51:26 both facilities? Hmm. Um, well, you can always file a malpractice, but remember, you can also, this is a VA claim, so you should be able to get service connected for this from the VA, and that's a huge rating. 51:42 So make sure you've done that. Mm-hmm. I, I don't do malpractice, so it's really hard for me to always... 51:48 I know that, that if you're injured in a VA facility where you're getting treatment, you have malpractice, you know, un- under the VA. 51:57 But I def- I'd go, and you have, the problem is you only get payment for one or the other. 52:03 So if you file a VA claim, you're gonna get a lot of money from that, I would think, 'cause I think that would really help you with aid and attendance alone if you can't talk. Mm. How are you gonna use the phone? 52:12 How are you gonna do, how are you gonna work? So that's a huge claim right there, just as a VA claim. And remember, even though they... Can you go back, Nate? Doing a spinal fusion surgery at a community hospital. Okay. 52:28 So yes, you can have that. If they were- Even, even if the spinal fusion was not due to a service-connected disability- Right... 52:35 you can still get, it's kinda weird, you get service-connected benefits for something that happened post-service in the VA. Right. Rath. I filed for my sister's seventy percent PTSD claim. 52:52 She had a continued increase recently, but they didn't infer TDIU. I filed HLR. She hasn't filed the TDIU form, hoping their duty to assist for TDIU award. 53:02 Remember, you have to file an eighty-nine forty or they will not give you benefits. That's bottom line. You've gotta file that. 53:09 So when you say you didn't file the TDIU form, I'm thinking that's, that may be what you didn't file, and you need to get it in right away. 53:16 And then if this PTSD claim is still ongoing, like she got seventy percent within the last year, you want the IU to go back to when that claim started. 53:26 If, if you just submit the form, they're gonna say, "Okay, fine, we'll give you IU," but they're gonna give it to you the date of the form. That is correct if you don't have an open claim. 53:35 If she does have an open claim, that needs to go back to the date of that. So an open claim means the decision was within the last year or it's on appeal, okay? So that's why you need to act on that right away. 53:48 Mark George. How do we determine when to file a claim as primary or secondary to an existing claim? This is the beauty. You don't have to. You can allege both. 53:58 You're not a doctor, and this is the one time where the VA can't, [chuckles] you know, the VA always uses it against you. "Oh, you're not a doctor. You can't tell me what your diagnosis is." Well, you're not a doctor. 54:07 You don't know what it is. You're gonna file for both and let them sort it out, okay? We want as many angles as possible to get you these benefits. 54:15 And so you're gonna, but in your complaint, say you file a form talking about your problems, you're gonna talk about the main problem and all the other problems it's caused, so they're on notice that you have all of those problems. 54:28 Yep. James Kinney, please care, clarify FSAD. That's female sexual disorder. It's like erectile dysfunction only, but for a woman. Miracle, uh, eight twelve twenty-eight. 54:46 Why would the VA request me to take a C&P exam for TDIU? I have a seventy percent rating for mental health through depression and anxiety. 54:54 Because those questions that, that the C&P examiner has done before only relate to your depression and anxiety. They don't relate to how does that affect your ability to do work. 55:05 So the person has to do an exam to see, even though you have a seventy percent d- uh, de-... rating for depression, are you still able to work? Do the, do the symptoms you have interfere with your ability to work? 55:21 And they can delay the case. Yeah. Jason Earhart, "If vet is 100% permanent total for PTSD, 10, 10, 10 additional other ratings, should the VA have awarded any SMCS, AKA homebound? 55:34 Not a thing was mentioned in the decision letter. Thank you." You need to have a separate 60% rating or com- ratings that combine to 60% for SMCS. 55:43 Or with homebound, you can't leave your s- your house- Except for doctor's appointments or something urgent like that. Yeah. But [laughs] you're expecting the VA to tell you that? They never tell you that. 55:56 They never give you the advice that, "Oh, you should have asked for homebound," or, "We considered that," or SMCS. It's not gonna happen, and that's why you need to know your rights. Yep. 56:08 Cecil, "92% rated, 70 insomnia, MMD, 30% migraines with dizziness. Uh, AMT not working, stopped classes. Also rated 10% for tinnitus, 40% for knees. Should I go for TDIU or secondary for back, hips or vertigo?" 56:26 You didn't mention... Or I guess that's a new claim. I would go for TDIU for any of those problems and file for any back or hip problems you have. And the vertigo, too. I think the fact that you've got- Yes... 56:39 migraines with dizziness, I'd want it separated out what the migraines cause as far as how often you have to lay down and, um, you know. You, you should have a 50% for migraines. 56:50 You're not working, you had to stop classes. It sounds like you have economic, um, problems because of the migraines. 56:57 So remember, even though the VA, the highest rating you can get for migraines is 50%, you can ask to be rated whether or not you should have unemployability just for the migraines. 57:07 That's called an extra schedule or rating. So you would, you should ask the VA to send your case to the central office to see if the... Did I mute us again? Yeah, you should- [laughs] I didn't... use this phone. 57:18 Tell you what. To see if, uh, the migraines alone keep you from working. You have a lot of things you can go with there. 57:26 You have a 70% rating for mental and insomnia, so you definitely wanna go for TDIU, but you also want to ask for any other things you might be service connected for, or get the higher rating for, uh, dizziness, vertigo. 57:41 All right. Let's do three more. 57:43 Impeach Obama, "If a federal civilian employee received a scheduler, uh, award 25 years ago for aggravation of a knee that was originally due to service, does that bar him from getting same knee VA service connection?" 57:57 No. Doesn't. No. No. 58:03 Knee thump, uh, "What can we do with Army hospital ship documents before a trainee is diagnosed injury and sent home and then told to talk to their CO, but they are struck with a dishonorable discharge at the time?" 58:17 Uh, you gotta get the dishonorable discharge overturned first before you can even, uh, get benefits. 58:23 Unless you can show, remember if it was a mental condition that caused you to get the dishonorable discharge, and they can show something happened in the service to cause you, they call it to be insane, and the definition of insanity is that you are not acting as you normally would. 58:41 It's not the normal definition of insanity. So if something happened to you when you were in the service and caused you to act 58:49 insane or in a way you wouldn't normally that got you discharged, then you can do that through a VA claim. They're really hard, but you can do those. I just don't know why you got the dishonorable discharge. 58:59 A lot of times, vets who went to Vietnam and came back 59:03 couldn't take society again, and when they got back, they got a dishonorable discharge, and they shouldn't because of the horrible things they had to go through in Vietnam. That's an example of that. Mm-hmm. 59:12 And that you can do through the VA. But I would do both. 59:15 I would apply, see if they could upgrade your discharge, and let them know what happened and why you think that you shouldn't be stuck with this now, and file a claim under the VA. All right. 59:28 Last question is from Beyond the Rides. "I was denied for adjustment disorder and migraines, but was diagnosed with mild TBI and polytrauma, doctor-prescribed medication. 59:39 Do I resubmit for migraines or just submit a new claim for both?" Well, first of all, you don't wanna ask for adjustment disorder. You wanna ask for depression, you know, whatever the mental claim is you have. 59:51 And you, and when you say resubmit, I always want to go to CAR before I do a supplemental, unless I see I've definitely left something out- Mm... that I need to file a supplemental. Remember, give CAR a chance. 1:00:02 That's my new slogan. Give CAR a chance. [laughs] All we are saying. [laughs] Um, but definitely go, go forward for the migraines. 1:00:15 Uh, remember, TBI could cause the migraines, so that should have been listed as a possible cause of migraines. And if you're not service connected for it, you need to apply for the TBI. Yes. All right, folks. Thanks. 1:00:27 This was our first show together for the year. Uh, again, what great, uh, outcomes we saw as far as people fighting for their benefits. The knowledge you all have on your claims was absolutely impressive. 1:00:39 Again, knowledge is power. You unfortunately need, you, you need to know more than the VA a-and- And it sounds like a lot of you do... yeah, you do It's great. 1:00:47 Understanding their manual, frankly, citing that manual back to them, it's kinda like, you know, putting it in front of them, "Hey, this is why you should grant this. This is what your manual says." That is great work. 1:00:57 Uh, we're, we're excited and, and this gets us so enthused to do what we do, seeing, seeing you all get the benefits you deserve. Have a great rest of the week. We'll see you soon. 1:01:07 [outro music]
