Transcript 0:00 Welcome. 0:00 [upbeat music] Hi there, Matthew Hill and Carol Ponton for another Q&A live on VA Benefits. 0:21 Excited to be here. Carol, how you doing today? Great. How are you? Great. Fall is here. It's beautiful, and it's nice to have cooler weather. Oh, my God, I love this cool weather. I love the trees. 0:30 They're all changing, and it's gorgeous. It's beautiful. Yeah. All right, Benji is behind the camera today. Let's get started on some questions. First one, Darwin. Part one: "Hi, Carol and Matt. It's Darwin. 0:44 You serve, [chuckles] you deserve," huh? [laughs] We're not gonna be able to use that one. Yes. "I was awarded zero percent for migraines due to Terra July twenty-fourth. 0:51 I appealed in August, the zero percent with service connection with DBQ, denied, appealed via high-level review and got awarded fifty percent." Perfect. Okay. 1:01 "I am SMCL for PTSD, wasn't awarded SMCL and a half, and the retroactive date established was March twenty-five based on the ambulatory note with my primary care doctor according to the decision letter. 1:14 Submitted forty-one thirty-eight Q stating intent to file August twenty-three, should be honored based on continuous pursuit and stated that, based on Mary B. McDonald, I should be awarded SMCL in half. Correct move. 1:28 On my VA gov account, I see a new claim, improper grant of SMCL. The wording is confusing given the fact that I was granted ANA with, uh, WO- Without... without, uh, twenty-one twenty-six eighty. 1:42 Should I be, should I be concerned?" All right. Lot going on here. First of all, Darwin, you've done your homework. You know what you're entitled to. Congratulations to you. I, I applaud you in this work here. 1:54 As far as the effective date, I think let me address that first. Y-you had a intent to file back in two thousand twenty-three. 2:00 As long as you filed the claim within a year of that, then I agree with you, it should be all the way back. Right. Um, I don't know what they're saying on the, um, improper grant of the SMCL. 2:12 I-if you did not hand in that twenty-six eighty, maybe you should just fill it out and, and send it in, but... Well, he wouldn't fill it out. A doctor would. Mm. 2:21 That's the, the form for aid and attendance, but- He, he had a DBQ showing he needed it. Yeah, you had a DBQ, so it seemed that should be... You know, they, they, they continuously are... 2:33 The, the VA says that you have to have one hundred percent rating for one problem in order to get aid and attendance, which is not the law. 2:43 But somehow they're hung up on this, and I have this a lot of times where they'll come back and sever the aid and attendance saying that it, we couldn't, uh, grant it because you didn't have a hundred percent for one service-connected problem, even if you have, like, unemployability, uh, or, you know, something else like that if it doesn't cite one disability as the basis for that. 3:06 But that's not the law, and if that happens, I just go to the board, and the board reverses it immediately. 3:11 So I don't know if you're caught up in that crazy thinking, but this happens a lot, where they'll grant aid and attendance, and then somebody wants to take it away because they think that you're not entitled to it. 3:20 The law is you're entitled to aid and attendance if you need aid and attendance because of a service-connected disability. It does not matter what your rating is, a hundred percent or fifty percent. 3:31 I had a veteran who had a sixty, sixty percent combined rating and got aid and attendance, which means he was paid at the almost five thousand dollar level. 3:39 So know what the law is, the real law, not what the VA at the regional office says it is. Mm-hmm. So if this happens to you, just go to the board right away. Don't mess around at the regional office. 3:50 And the one comment I would have made on your... Go back, uh, one, Benji, to part three. Um, I would not, I would not make this a cue argument- Yeah... either on effective date or the SMCL and a half because you are, 4:09 y-you're handicapping yourself because you are still under the, the year timeframe to be able to file an appeal. 4:14 You always wanna file an appeal if the claim is active because the standard is as likely as not, versus if the claim has, has closed because you didn't file any appeals, then most likely your only avenue is cue. 4:26 But that's clear and unmistakable error. That is such a higher standard. 4:30 The burden's up here, you know, ninety, ninety-five percent versus all you gotta show on appeal is it's likely as not, which is frankly fifty percent. 4:37 So I would, I would go back and appeal this, um, in-instead of the cue and- If you're within the year of the decision, I would definitely file. Go back one, Benji. Yeah, I'm trying to figure out where you would file. 4:51 March twenty-fifth. I mean, he's gotta be within a year. Yeah, you're within a year. 4:55 So but with that, uh, higher level, do you go-- I'd go to the next level wherever- Yeah, if it's higher level review, take it direct to the board. Yeah. Good working here. 5:05 Skypod Images: "I joined the Air Force in '82 with a slight documented left ear hearing loss during Desert Storm in UAE. I worked and lived on the flight line for seven months. 5:16 [clears throat] While I was there, I went to sick call for hearing issues and ringing. After I got out in '91, I've had four left ear surgeries, and my left ear is now totally deaf with major depression and anxiety. 5:29 Since the loss started before service, will the VA still approve it as an aggravated by service?" Will they or should they? 5:38 They should, because they-- you have to show it was aggravated beyond what would reasonably have happened. So if there was a much, 5:47 much higher aggravation, a much higher damage to your ear because of your service, and therefore you're entitled to that. 5:54 And they, they have a thing about if you can't tell the difference between what was initially the disability rating should have been before it was aggravatedBut if you're 100% deaf in that ear, you get that whole rating for that left ear. 6:09 So this is one of the problems that the regional office has a lot of difficulty with. A lot of times, if you go a CAR HLR, those people understand it. But basically, you usually need to win at the board on this. 6:22 I got a follow-up question. Is it more difficult to file for anything related to Desert Storm illness, or should you try first to accomplish your goal without going that route? 6:31 I think those three issues were not called for to me. 6:34 If you're talking about something else, I mean, if you have a disability, you feel like it's related to service, file it, and if you think it's Desert Storm, great, mention that. 6:42 But that doesn't mean they, that doesn't mean they, um, get to not look at direct service connection in other ways if that's there. Right. You wanna, you want to allege and pursue every possible basis. Okay? 6:55 Don't limit yourself to one thing because you think it's the better argument. Argue all of them, because if there's a basis for that, then you're entitled to disability benefits, and the VA is really erratic. 7:06 You never know what they're going to use as a basis for disability. Sometimes something that I felt was not nearly as strong as the other basis, uh, was the basis of award. So don't limit yourself. 7:21 Happiness, good to see you. Guys, heavy sleep apnea, finally rated 50%. Now with needing A&A for PTSD and TBI alone, rated at 100%. 7:30 Then adding 50 for migraines, 50 for sleep apnea, 20 radiculopathy, 10 tinnitus, 10 wrist. Would that be M and a half, or would they admit he needs A&A and give him SMCT? 7:43 Or do we have to prove he would need to be institutionalized without caregiver? Should I write a caregiver program follow-up to tell them about his new rating? On a 2110- Yes [laughs] -to 10. 7:58 Also, on Carol's Corner, can you speak someday about helpless child pertaining to severe ADHD, OCD, and other diagnosis and dig deep into the- dive deep into the program? You guys are the sweetest, the best. Thank you. 8:13 Well, thank you. Congratulations. Let's go back to- Right -the first two, because we gotta do some math here. Um- Back, Benji. Sleep apnea rated. Now with needing aid and attendance for PTSD and with needing it, 8:30 and TBI alone, rated at 100%. Then, so that's one step. That's M. But I don't know if you have enough to get that next one. That's 20, 10, 10. And what's the next one, Benji? No. No. So you're at M. 8:45 But remember- Well, let's go back, because I think- Yeah... if he, it sounds like she's saying he has 100% uh- For TBI and PTSD... and PTSD, which would mean that they're combining the two. So you wanna get, yeah- SMCT. 9:00 Yeah. You wanna go for aid and attendance on those, which would be SMCT, which means you don't need to worry about all these other half steps. You can, yeah. 'Cause that's, that's your max rating there. 9:10 So that's what I would be going for, is to show that due to that combination of TBI and PTSD, you need the aid and attendance. And remember, what I'm seeing is you'll get rated. 9:20 So say the board says you're, um, you're entitled to aid and attendance due to PTSD and TBI. What happens is the regional office gives you aid and attendance, but they don't give you SMCT. 9:31 You usually have to go back to the board to fight for that, but you're entitled to that. And that's a difference between fifty-four hundred or so dollars a month. So- So, yeah. 9:40 Eleven- They're gonna try to keep your money. Yeah. But I think you're on, you're on the right trail here. But, you know, step by step fighting this. 9:47 But yeah, I think your main battle now is that A&A, and you want that A&A to become an SMCT. Good, good job looking at all this, understanding. And let's go to that last question so I know exactly what we need to... 9:58 Okay. Helpless child, severe deficit OCD, another diagnosis. Okay. And also, I, I couldn't tell if, if you have not applied for caregiver, do apply for that too. Yes. That's- 'Cause that's benefits for you. 10:10 I imagine you're the primary keep- care- caretaker of your husband, and that's, you know, that's your job, and you should be, uh, under the law compensated for that. 10:18 Those benefits can be quite significant, 'cause remember, they will evaluate how much time the veteran needs for help. 10:26 And I've had some where it's twenty-four/seven, and that's a lot of money, 'cause they're paying you on a government scale. I can't remember what, it's a GS something. So you're entitled to that money. 10:35 So your husband gets the aid and attendance money, you get the caretaker money. So everybody should be applying for that if you're caretaking for a veteran. 10:43 And remember, that's through the VA health, not through the VA benefits department. So you go to your local, uh, VA health, whatever the nearest one is to you. 10:56 Ivy King, "Finally got TDIU P&T after fighting for four years. Back pay went back to twenty twenty-one. Thanks Carol and your team for getting me over the hump." Ah. Looks like one of your clients. Well, congratulations. 11:07 Yes. [clears throat] I served, I deserve. [laughs] Yes. "Hello, hello from the great state of Texas. I wanted to ask if a C&P examiner notes in her report TDIU, is this favorable?" 11:19 It is, but they need to check the boxes that show why you can't work. Um, you know, that, that's what the VA's gonna go back and look at those boxes and might not acknowledge that. 11:30 If they don't, I would call that a duty to assist error and ask for clarification on the C&P exam. 11:34 And remember, a lot of times, remember near the top of the first few pages of the evaluation, if it's a mental claim, they will say what work they think you can do, and they may say, uh, "Significant de- uh, deficiencies in most areas," but that's not total disability. 11:50 Total disability is the last one. But sometimes I find that they'll even check a l- a less, um, restrictive, 12:00 uh, notation, but if you go down into the symptoms that they have, like-Constant panic attacks, totally unable to deal with other employees, then they have essentially said, "You're 100% disabled." 12:12 So don't let what they say at the top necessarily discourage you. 12:16 Go down to the bottom and see all of the symptoms they checked, compare it to the rating decision, and the rating decision will say, "If you cannot deal with other people, um, if you have constant panic attacks, you can't work." 12:29 So always remember to do that because it's very, um... 12:32 A lot of times I think some of these examiners really wanna help you, but they're afraid of the VA coming down on them of being too lenient, and so they do it in the symptoms. 12:41 And then the final thing is, if you have these symptoms and they weren't checked and you told that examiner, then you need to do a form to the VA saying, "This exam is not accurate. 12:51 They did not record what I said," and give them the following symptoms that you had that you reported that were not noted. Happiness again. Oh, another step. Good to see you. 13:05 "I filed for a FOIA request for my last C&P results and a copy of my current code sheet. That is all I asked for, and the claim was received, pro- processed, and it's just sitting in step two of five. 13:16 It's been six months, and as if they know you're going to use the results of FOIA on your supplemental and want to run out the clock. Appreciate your help and insight." 13:24 I hope you filed an intent to file a claim when you filed for that. Meanwhile, I think you need to file a, a request for expedite. 13:32 Remember the form that we said there's a request for expedite, and that you are waiting to file your claim and get it processed before you have this information. 13:41 And all you want, uh, is, and the two things are the one thing that you want. And you might also try and call. I would, I would attack it both ways. 13:50 I'd send a, a form to them, and then I would also call the 800 number and say, "I want a copy of whatever this is." If you don't want your whole C file, they should be able to send that out to you that week. 14:00 It's a lot faster, yeah. Yeah. So I would keep doing that. You, if you, you need to poke, you poke the bear, okay? Joseph, how long is ticket to the, uh, direct appeal? I mentioned this was something. 14:15 How long is the ticket to the direct appeal? Okay, the direct appeal, I am finding that, okay, first of all- Direct appeal to the board... to the board. 14:24 If you, if you file a direct appeal, it is usually done, some of mine are done within weeks, months. 14:29 But remember, if you don't, in filing for the direct appeal, waive your right to file another appeal and get into another line, say go to the evidence line or one of the others or file a different kind of appeal, they will hold your case for a year. 14:44 So please always waive your right to file an additional appeal, okay? That's what's holding up a lot of these direct appeals. Normally, I'm getting them back. 14:53 It's, it's really, really, it's, they've really been doing really well on this. Jerry H., hello. "Are CARs suitable for SMC calculation errors driven not by considering- Yes... by not considering Barry?" Absolutely. 15:10 Yeah. "I received my VA decision two weeks ago." I definitely would file that CAR, and then if they get it wrong quickly, then you just go direct to board. 15:19 But they, that, remember, the people who do the initial evaluation often are the newest people there, and they are going to know the least about these more complex areas. 15:30 And they actually have a Barry, which is the name of the case, as you pointed out, calculator now. So if you go to the CAR, HLR, a lot of these people will get it right. If not, as Matt says, you go to the board. 15:45 Lonnie, good to see you. "Have do, uh, two BVA appeal hearing lanes waived hearing, April '21, February '22. Both appeals are for higher level SMC. Will the board merge them together?" Probably not. Probably not. 15:57 They're, they are s- [laughs] they are sticklers for inefficiency with this new AMA. They, they, you know, they don't, uh, it doesn't make sense. 16:06 You know, it'd be way more efficient to handle both of those at the same time, but that's not what we're seeing. No. We're seeing they're just handling in order of, uh, how long they've been there. 16:13 I, you know, because they, I think they have a quota, and they have to produce so many BVA decisions a year. 16:20 So I'm finding the same judge will issue three different BVA decisions for the same veteran within the same day. 16:28 Or what they really love is when the veteran dies, and I'm not kidding, and then they can dismiss it because he's dead, and that's one of their, uh, BVA decisions for the, uh, for their quota. 16:38 So unfortunately, you got that going for you. Timothy, gold standard H&P, part one. 16:48 "If rating activity at the BVA is using SMC calculator based on Barry for half-steps increases, why is this information not being shared with the veteran community? 17:00 A lot of veterans out there qualify for these half-steps based on their current ratings. I understand it takes a while to implement case law in the 21, the M21/38 CFR. Make, make it make sense." 17:13 Um- If you're asking us why the VA does what they do- I'm gonna go put on my choir robe. [laughs] That's what you're preaching to, Timothy. I mean, 17:20 just think about how much faster, how much fewer mistakes, how many more people could get through the system if they just let people know, as you said, what they are entitled to. It's very frustrating. 17:31 They never let anybody know there is SMC, okay? 17:35 And I, I think that's why they do a lot of these and when they do the grants, they give you as of yesterday to see if you'll appeal, because so many people are afraid of poking the bear that they don't know they can go back to get the benefits as long as they've been appealing, and they're doing the same thing with the SMC. 17:50 Keeping your money. Keeping your money, and that's really not fair, and believe me, we-We are just as angry as you about this. Yeah. This is one of the reasons we do this podcast, to let people know what's out there. 18:03 And still, so many people don't know, and they listen to their friends, and they listen to, I don't know what they're listening to. The asses. I don't know who it is, but they're telling them, "You own it. 18:12 Remember I told you last week on..." Or whenever, you know, it's last week. You call the 800 number, and they tell you you're not entitled to more than 100%. 18:20 So it's a real problem, and that's why I hope all of you are telling everybody you know what the law really is. Richard, you guys do outstanding work. Thank you. Thank you, Richard. 18:35 Chris A, "First off, thank you guys for all the information." Good to see you again, Chris. 18:39 "I have two claims going before the BVA, one for A and A, uh, A and ascendance, one for mental health and safety, and the other for migraines and vertigo. I turned in two separate housebound DBQs from my providers. 18:53 VA did not mention them or develop new evidence through C&P. I learned the claim has remained open since 2011. VA received new evidence within 12 months and did nothing with it. 19:05 Providing everything is filled out properly, et cetera, does it sound like my ducks are in a row for an R1? Both providers stated I'm in need since 20- 2009 and reviewed the C file." Well, first of all... 19:19 Oh, sorry, I'm not sure if I said this. "I'm 70% mental health, 20 out of 30 on 2010 SLUMS exam. Director of PF compensation signed off for extra-" Wow. " -for migraine." Wow, that is interesting. Wow, that's great. 19:31 Uh, first of all, hats off to you, Chris. You've done some great work here. You've really worked hard. Uh, the fact that you uncovered that the 2010 claim or 2011 claim was still open, that's not easy. 19:42 Uh, that, that's, you know, that, that takes us a lot of time to really comb through, uh, files, and the fact that you did that, that's impressive. Um, let's go back to the very first part. 19:51 I'm assuming that your C&P or your, uh... Okay. One for mental health and safety and the other for migraines and vertigo. 20:00 I'm assuming that your claims for A and A are based on- Two different, on those two different- Yeah... problems. I turned in two- Here you go. Yeah, go. It's the next one, please. Thank you... separate- Housebound... 20:11 housebound DBQs. The VA did not mention them or develop new evidence through C&P. I learned the claim- Oh, let's, let's, let's stop there. Yeah, that's- That's, uh, that's that part. 20:20 So when you say they didn't mention them, I'm assuming that on the rating decision under the evidence section, they're not listed there. Um, and you already have the BVA. I don't know which lane you're in. 20:29 I think even if you're in the direct lane, I, I would bring those up and just say, "These were submitted to the RO on X date, and they were not discussed." Yeah. Um, because that's, 20:40 you know, direct lane, that's not new evidence. That's evidence that you've previously then submitted, so that, that's what I would do there. Um, 20:47 and yeah, I mean, I, you, you are correct on what you're entitled to as far as R1. Are they gonna give it to you? I don't know, but I would not stop fighting until you get it. 20:55 I mean, th- these are the cases we sink our teeth into, both because you're entitled to such a har- high rate that the VA rarely grants, and it looks like you're entitled to go way back, which VA hates- Hates... 21:05 to grant, okay? 21:06 So you're looking at a big retro for you t- to get what you deserve, but you gotta understand, they are gonna do what they can to deny you to see if you'll go away, and I mean, that, 'cause they keep that money, and that's probably what it comes down to. 21:18 And the BVA does this too. They don't always. There are a lot of judges that get it right, but there are a lot of judges that just, I don't know if they don't know the law or they don't care about the law. 21:28 But, um, if, if you're denied at the CAVC, I mean, at the BVA, then I would go back to the regional office. I wouldn't appeal to the CAVC, and I'm telling you why. 21:39 A lot, these are going back to the same judges, and they don't like it when they're appealed, and they don't seem to change their mind. 21:45 I'm getting a much better result when, if the BVA has denied what I want, if for me to go and file a supplemental appeal to the BVA denial, and that way I make sure that they got that evidence that you sent in, and that may be a reason. 22:00 They may say, "Well, this didn't come in within the right time period," and that's why they can't approve your case. Make sure you, if they do deny you, you understand why they did. Mm. Okay? 22:09 But I've pretty much stopped filing CAVC appeals because of the, we're just getting the same judges with the same... Unless it goes to a different judge, 22:18 they're just, they're just writing it so that it can't be reversed. Yeah. So do not give up on this. No, this is a good claim. Uh, it's a great claim. Um, fight and, and keep going. Um, keep us posted too. Yeah. 22:34 Greg just wanna say thank you for your wonderful Blue Water Navy coordinates map and ask if you have considered using AI to plot the ships located outside of 0800, 1200, and 20, uh, hundred hours listing, listings. 22:49 Um, we have not. Uh, we're, we're trying to figure out places to use AI all over. 22:53 That's not a place we've looked at it, but, um, you know, we've been, we're, we've basically, uh, put a program together, um, behind our website that does all that plotting for us, and it's been working so far. 23:06 Uh, but no, we haven't, we haven't upgraded to AI yet. Jamie filed an FSAD second to my mental health and meds, got denied due to TERA, filed HLR, and got sent to another C&P for gyno and mental. 23:22 C&P for gyno said not related to mental and needs psych for evaluation. Psych said not related to, uh, to the major depressive disorder and meds, but related to depression, related, related to- [laughs]... anadona. 23:36 Uh, "What's my next step? Got a, getting an Nexus and DBQ, waiting on my C&P exam notes so I can see what the gyno exam said." Yeah, I think you're gonna have to get your own, uh, Nexus statement and a DBQ. 23:49 I mean, there are so many articles that say that depression leads to that. The medications you take for depression leads to that. You know, did they give you any reason at all? 23:59 Was that an accurate or is that a, a-A reasonable C&P exam. You know, maybe you ask for duty to assist because they didn't, they didn't address these m- uh, articles that showed these medications lead to that. Mm. 24:12 Uh, that's another way you might wanna go, uh, while you're waiting to get the Nexus letter. Nexus letter. We're doing that on, on, on a number of, uh... When I'm trying to, when I see that the examiner has not 24:26 addressed what we're saying is the basis, so they'll just have this blank, "No, it's not related to medicines," or what, I'm filing a duty to assist saying, "These medical articles show that it is related to this medication, which I took because of my service-connected mental problem, and this was not addressed by the examiner when they gave their opinion." 24:46 And I have been getting some, I mean, maybe 20% I've gotten back, uh, where they've granted. 24:52 Um, meanwhile, you can be developing a Nexus opinion, but this gives you something to do while you're wai- waiting to get, 'cause Nex- good Nexus opinions take a while to get. Yeah. Echo Ranger. Thank you. 25:06 "Hello, I want to say thank you for what we love what we do." We do. Love your picture too, by the way. Eagle. "David, has everyone read the Wash Post style on vet scamming VA for disability benefits?" I didn't read it. 25:20 "Of course, since regional office closed, nothing's getting done." Hmm. I don't know, but a lot of these articles, I read them, I think, "I sure haven't seen any of it." 25:30 Yeah, I, I, I mean, we're just so jaded because we see it from the opposite end. Yeah. We see so many vets denied the benefits they're entitled. Um, so I, you know, it's... I, I don't know. 25:41 There, maybe there are vets out there scamming the system. You know, I, I don't know what to say about that, but, well, all we know is there's too many vets not getting the benefits they deserve, and that's- Yeah... 25:50 that's where we focus. I mean, we, all the veterans we have, we believe in their cases. We have evidence to back it up. I don't know where all this is coming from. 25:59 You know, a lot, anything that's sensational gets put in the press. Yeah. But I wish it would be sensational about how many veterans are not getting the benefits they're deserving. 26:08 That seems not to be sensational enough. Right. I mean, so you got 100, so, so, yeah, it's crazy. You got 100,000 vets that scam the VA. 26:16 There are millions year after year that don't get the be- the VA frankly scams them out of the benefits. Right. That's how, that's how I look at it. So- Yeah... 26:22 we're, we're probably coming to the wrong people on- [laughs]... 26:25 on, on, on, because we're just too, uh, entrenched with vets and, and, and who are fighting for the benefits they deserve that I, I, you know, I, I just, you know, it's like Carol said, the, the, the, these articles go for the sensational and not the everyday tragedies that are happening. 26:39 Right. Sharon, "I've been diagnosed with COPD and use a hailer, an inhaler twice a day. Does the FEV determine the percentage awarded or the fact that I've taken medication?" 26:53 Uh, I ca- I don't have the- I think it's the FEV, but this is again, this is where you need to look up, uh- The, the rating, yeah... 30F, uh, CFR Chapter 4, which shows you the ratings and how it's determined. 27:03 'Cause some of the breathing problems, it does relate to- Yeah... your medication, how often you have to take it, whether you need steroids. In others, it's really just the FEV. 27:11 And offhand, I, I always look these things up to make sure they're right. "The Veteran's Aid, how hard is it to get approved for A&A for mental health at 70% without IU? VHA provider completed the need for A&A form. 27:27 Does the RO typically deny those or do they get approved?" Carol? Regional office is really, really hard on aid and attendance, and usually they're gonna send you out for their own C&P exam. 27:39 And o- often I have found the E- uh, C&P exams can be supportive and they still deny you. So- Or as Carol said, they, they just do a stupid denial and say, "Oh, you don't have 100%," just deny you up front. Yeah. 27:50 Um, so I, if you already have the favorable exam from a VHA doctor, I'm going straight to the board. Go to the VA. 27:55 Yeah, don't- She's g- we're gonna get her another sign and some- somebody's gonna have that as their title. [laughs] "Go to the board." But this is definitely me, go to the board, 'cause, uh, uh, you're... 28:04 You know, one of the frustrating things is you all are very educated. You do your homework. You, you read the statutes. You read the regs. Some of you even read the cases. 28:13 Unfortunately, you guys know a lot more than a lot, the average rater. About, yeah. And, and your job, you know, in a way, your job is to train them because that helps you get the benefits you deserve. 28:23 But in cases like this, I mean, you're beating your head against the wall and, and, and, um, it just gets frustrating. So they probably are not gonna get this right. That doesn't mean you don't deserve it. 28:32 And, and I would, you know, as Carol said, go to the board direct. Yeah. And they understand the law better. Now, when, when you realize it's not gonna work, go a- go somewhere else. 28:41 In the regional office, if you don't have 100%, either... And the problem is they may grant you aid and attendance and then take it away. Yeah. Because the next person looks at it and says, "Oh, this was a mistake." 28:51 So in you, in that situation, go to the board, don't stay at the regional office. Michael Patrick Brewer, "What are the employment restrictions for IU, 100% rated veteran?" It's, it's how much you earn. 29:09 Uh, if it's unemployability, remember, you can only earn a certain amount, and that's not real clear. 29:14 Under 12,000, maybe under $15,000 a year, uh, you're probably okay, but if you earn more than that, then they're gonna say that you're actually working. 29:23 If you have a combined rating of 100%, you can work and earn any amount. But unemployability, no. 29:29 If you were, you know, you could be in sheltered work, which is a bit more complicated, but, you know, let's say your family owns a trucking business, and they give you an office in the back to 29:39 sit in, and they just pay you a salary. Well, that's not a real job, um, or it's not a job you could get in the, you know, uh, competitive marketplace. And so that technically should not count against you. 29:50 But you won't win at the regional office on that. No. You've gotta go to the board. Big- Big Judah [laughs] Big Judah 86, "100% P&T. I was 50% at first. Overall, my asthma was rated zero. 30:04 Did a higher level review, and they just gave me 30%. Am I entitled to back pay? I did it within a year." Yes. Yes. 30:10 This is, this is another common thing where they try to keep your money by just giving you the date of the decision or the date of the C&P exam. It goes back to the date you filed. 30:17 Right.Oh, it's that time, ladies and gentlemen. Okay. This time I, w- I decided I wanted to tell you, you know, when Kerry Baker was with me a couple weeks ago, I asked Kerry what he... 30:33 How he evaluates cases that come in because I think it's important that you know how to evaluate your own case. So I wanna, I wanna go back. 30:41 In the 1990s, when I started doing this, what I was looking at is 100%, whether it's unemployability or a combined 100%. That's what I wanted for my veteran. 30:50 So if I felt I could get this by filing PTSD, back problems, leg problems, I didn't go and file a whole bunch of other things, okay? Because I didn't think I needed them. 31:02 Then later on, I realized with aid and attendance, they can get another $1,000 a month, so I focused on aid and attendance. And once again, I was really looking at, what do I need just for that aid and attendance? 31:14 But everything has changed since Berry. Berry is the best thing that's come out since sliced bread. It is wonderful. So now- [laughs]... now what I'm looking at is R1. That's, what? Almost $10,000 a month, okay? 31:29 And this is what I look at with a veteran. I wanna file for every single thing that I think is service connected, whether it's primarily to service or secondary to a service-connected problem. 31:40 Because I'm gonna use every one of those things to go up the SMC ladder. So remember, if you have 100%, you get aid and attendance, you're at L. 31:50 And then to get up that ladder, you go by either whole or half steps, depending if you have additional ratings that weren't used to give you the aid and attendance, okay? 32:00 So once I get that 100%, all of these other things that I've been filing for, maybe, uh, skin cancer or tinnitus or hearing loss or things that may not give me a 50%, but I can add all of these up to get 50% here, 50% there, I'm using all of those that I can try to get up to O. 32:20 And if I get up to O, they're R1, okay? So remember, if they have in addition to what gave them aid and attendance- Why are they R1 because they got to L? Be- because that's law. Right. They have L. Well, what are the... 32:33 Exactly. They have L for aid and attendance, and then if they can go L and a half M, M and a half N, N and a half O, the law says you are immediately bumped up to R1. 32:44 So it is not as hard as it has been for years to get R1. And I think veterans deserve almost $10,000 a month if they have all of these problems. So 32:56 when you're filing these claims, I want you to think about everything you have, every problem you have, every, what are you taking medicine for? What are you being treated for? 33:05 If you can relate it to service, file for it, okay? Then when you file for aid and attendance, you wanna get aid and attendance only for one thing, if that's possible. 33:15 And that means you can use all of these other ratings to get you up to, hopefully, to O. So remember now there's a real strategy in what you're doing when you file these claims, okay? 33:25 I want you to file them all at once because, remember, they'll only go back to when you were service connected for these problems to give you the rating. 33:32 But I want you to strate- strategery, use some strategery to figure out what you should get the L for, that's aid and attendance, and then what you can use to go on up to O, which gives you R1, okay? 33:46 So that's the way you need to start looking at your claims. My caveat would be not everybody needs aid and attendance. No. 33:53 So if you don't need aid and attendance, and, um, we're talking the overwhelming majority of service-connected veterans, this does not apply. 33:59 But if at some point in your life it gets, things get worse or they get more complicated and you do need it, this is where I'd use Carol's strategy. 34:07 I, I, I mean, if you've got a claim for tinnitus and for hearing loss and scars and, uh, sleep apnea, you know, file those, but it doesn't sound to me like those would be keeping you f- 34:18 putting you in a position to where you need somebody's help on, for daily activity. So I'm just saying- I know you're just saying... 34:24 we, we have, we have a lot of talks here on SMC, but there's a lot of people here who aren't going, they're just going for service connection, and I don't, I don't want you guys to think that- No... this is the norm. 34:32 But I have seen because of Desert Storm, also Vietnam, so many people have Parkinson's, multiple sclerosis, peripheral neuropathy, diabetic peripheral neuropathy. 34:43 These all lead to R1, and so many people have these things. It's horrible. And it wasn't like this before. 34:50 When we had veterans before, if they were in Vietnam, they're gonna get these problems or do often get these problems. 34:56 But since Desert Storm, since Southwest Asia, I am seeing so many cancers, so many awful problems, that there are a lot more people out there that deserve R1, and they need to know that. That's it. 35:09 You, you want more money? Go to her. [laughs] Poke the bear. I served, I deserve. [laughs] Ah. All right. TG, "What should you do if you think VA rated you higher than what you think you sh- they should have done?" 35:24 Nothing. Pack it up and go home. [laughs] Yeah, take it. And I will add a caveat to that last one. You're not a doctor. Mm-hmm. How do you really know that you're rated higher? As they tell you all the time. Yeah. Yeah. 35:40 Hold it. "Is there any word on whether Berry, uh, will actually be implemented in VA policy? As it stands now, the, the 21 dash, the M21-1 instructs raters only to give one step or one half step." 35:53 I am actually, I have seen some that were accurate. Most don't do it at all, or they do it very poorly. Uh, but I have seen a very few that are accurate. 36:02 So some people know how to use this calculator, and other people obviously don't, or don't even try. They don't even put on there that it's a Berry calculator. 36:11 Uh, we see that because online there is a, a thing that's called SMC calculator, and under that they're now adding Berry. So if they haven't added Berry, they don't even consider it. 36:22 But it's not anywhere close to being utilized right now. You have to give the R1 chance when you make an application. They get the first shot. They screw this up-Just go to the board. 36:32 Although, I am having some, uh- CAR success? Yeah, I am. Okay. So I will do CAR because if you file a CAR, I... Most of my CARs are coming back. 36:40 I've had them back, either denial or approval, the next day on some of these. Wow. So that gives me, I- Okay. That- Got that done- That's worth doing... and then I can go to the board if it isn't what I want. 36:50 And sometimes what they're giving me is an extra step or two, but not enough. The whole thing. So then I go to the board. Their math is a little bit better. [laughs] [clears throat] Sherry, good to see you. 37:03 Oh, Jesus Christ. [laughs] That's funny, Sherry. That's funny, but you're making her head... It's going to her head. [laughs] It's gonna get bigger and bigger, and I'm gonna have to deal with this ego. 37:14 But you guys only have to deal with her one hour a week. Lucky you. Oh, God. I do like it though, Sherry. Michael Jordan, "I was sent to Iraq after I failed a drug test. 37:23 I sustained injuries, physical and mental, diagnosed by VA for service-connected anxiety and depression. Can I get compensated with that for an other than honorable? 37:33 Also, they sent me to Iraq after I failed drug tests and sustained injuries. Do I have a case that service-connect disability with proof of service and after? I was on pain meds through VA." Um, is that it? Okay. 37:47 First of all, let me say this. Any of you guys who feel like you're getting screwed over, um, aren't getting the benefits you want, and you want somebody to help you, we're, we're here for you, okay? 37:56 Come, send us your case. Uh, we'd love to review it, love to help. The purpose of this show is for us to act as a community and see if we can help each other, okay? 38:05 So, you know, we'd love to help within your cases, but we love the fact that you guys know and have the knowledge. With that said, Michael, call us. 38:14 Uh, we, we have started specializing in other than honorable discharge upgrades because we found that the VA was, was doing this wrong, and, um, they just came out with the new regulation last year that makes it, frankly reduces the burden on vets. 38:29 The VA is not applying this at all. Uh, we're, we're- Really? Yeah. I mean, uh, just they're d- they're doing just an absolute pathetic job. 38:36 There are so many vets who are given other than, other than honorable discharges- That shouldn't have been... that should not have been. I just, I don't think you can win this by yourself. 38:44 I mean, a lot of you guys here have really hard, complex claims. You're really dug in. 38:49 This is an area where they've dug their feet in, and they don't like, they don't like to award veterans they think had dishonorable con- conduct, when in fact, if you look at what happened and the extenuating circumstances under which it happened, that's not really the case. 39:02 And it shouldn't be. So if you don't hire us, go to, go, go to another attorney. There's, um, veteran law clinics at, at, um, uh- Missouri? Missouri, and I know Stetson, they, they do these. Yale maybe? Yale might. 39:14 But we have started specializing in these cases 'cause we just see that they deny it all the way up, and, and we push this. We go as far as we have to go. Again- But you're gonna need a nexus. 39:22 You're gonna need somebody- Well-... who really knows what the law is. Yeah. 39:25 So, you know, again, anybody here needs help and wants help, we're, we're happy to help, but the purpose of this is more just like as a community, we talk to each other and I, I just know you're not gonna win this case, and I know this, that if the facts are there, we can win this case. 39:37 Right. So just, uh, you got a good case probably, so I, I, I would definitely see it through. AW, "Is CUE... 39:46 Is it CUE if the rater lists C&P exams as evidence, but then denies the claim saying there is no [laughs] evidence to support SMCT? It shows TBI 100%, has SMCL," oh, my God, "needs-" Nursing home without a CUE. 39:59 [laughs] Okay, so is that CUE... Well, so, so, so this is the really important thing, AW. Forget about CUE if it's within the year of the decision, okay? 40:08 Because CUE puts all the onus on you and, and you don't have to do that. Yes, I would... Ah, God, Carol, would you, would you do HL or go right to the board? I mean, if it's within the month, you do CAR. 40:18 Uh, within a month, I'd do CAR. I'm telling you, some of those people are really great. They know what they're doing, and if... and they're usually really quick. Okay. 40:25 So go CAR because that's still gonna be quicker than anything else you do. Yeah, I mean, that's, that's my one thing. 40:30 If you can get the benefits faster, choose or do that, but I think you're gonna have to go to the board. That, that is just- That's-... horseshit on its face. Excuse my language, but I mean, that's ridiculous. 40:40 I mean, they, they clearly don't understand the law. The fact that you already have SMCL for the TBI, do not, do not stop. I mean, they, they, they're, they're purposely trying to keep... Well, that's five. 40:50 Five, that's like $60,000 a year of your benefits they're trying to keep. That is- But remember-... infuriating. Mm-hmm... you're dealing with people who don't know what they're doing. 40:59 Uh, you know, it's like, are they doing this on purpose, or are they just clueless? 41:04 And they are clueless, a lot of these people, and that's why I do go to the CAR because there's some people who know the law, and they are gonna apply it. And so you wanna not get mad at the first. 41:14 Just go to the second CAR and see if you can get these people to look at it. Mm-hmm. A lot of times, unfortunately, you sometimes get people who are still clueless, then you can go to the board. 41:23 But the quicker way is to file that CAR and point out, [laughs] "This is what the C&P examiner said. This is what..." Okay? Some people like to have a, a conference. You can't do a CAR at an HLL conference. 41:37 Kerry likes- That's better to do CAR. Yeah, Kerry likes to do the conference and talk. I don't. I like the CAR because- Kerry likes to talk. 41:44 [laughs] Because they're either gonna recognize this and award it, or they're not gonna care, okay? And this way, I get through and go onto the board. I will say Carol's right. 41:54 When it comes to whether this decision was incompetent or a conspiracy, it takes a lot more energy and intelligence to have a conspiracy- [laughs]... and I think incompetence is what happens day in and day out. 42:05 So- It's sad, but I mean... And on the other hand, these people are hired, given very little training. 42:09 They're told to do all these cases, and if they give, if they give money away, if they award, somebody's gonna look at that. 42:16 Well, like that, that article, somebody's pointed out that all these vets got this money they shouldn't have got. Yeah. Mm-hmm. But if they deny it, nobody's gonna look at it. 42:23 So what are you gonna do if you're learning and you're trying to do the right thing and somebody's coming down on you saying, "Oh, you did it wrong again"? 42:30 Hey, deny the case, and nobody's gonna bother youSo there's that going against you as well. So forget if you, if you lose on the initial, just go to the CAR. Yeah. Okay? Don't waste your time. This is interesting. 42:43 I'm the one more fired up than her. She's all forgiving of these VA employees- I just-... 42:47 and these people coming from the pasture, and they wanna help the sheep and the lambs, and what the hell, I think they're idiots, and I'm sorry it's a deal then. Cedric. They're not. 42:56 [laughs] Cedric: "I'm waiting for a hearing on sleep apnea. Do I need to get a Nexus letter for sleep apnea secondary to PTSD?" Yes. Yes. 10% tinnitus, 90% overall. Yeah, they hate these claims. 43:08 They absolutely hate these claims. But remember, tinnitus can also cause sleep apnea. Mm-hmm. So if you didn't allege that, you need to allege that. 43:15 I have had the regional office and C&P exams granted for tinnitus, so make sure you do that. What hearing? Wait, I guess you're at the HL level. 43:29 I hope you're not at the BVA for that because, remember, they're not gonna let you send, send any new evidence. Well, I guess the- After the-... 30, 90 days after the hearing. 43:38 But I would go through to the regional office. If you haven't filed, as a basis, tinnitus for sleep apnea, I would make sure I file that and have that evaluated as well. 43:49 Then you may not have to get a Nexus for, for the other. "Sherry, if you are seeing several different medical centers, does each one archive your records?" Yes. They're supposed to. And it all should be consolidated. 44:02 Oh, you're talking about VA. Oh. VA, yes. Remember, in the private, they no longer have to keep records after five to seven years once you stop being a patient. 44:11 And it used to be we could go back, and we'd get hospital records from years ago. We can't get that anymore. They're gone. So VA is supposed to keep all of them, but they're the only ones. Mm-hmm. 44:23 That's Life, "Good to see you. Hey, thank you for all you've done for us. I got 50% for sleep apnea." Great. That is great to see. 44:33 [clears throat] Raphael: "I filed my appeal in '18 after my claim was denied in '16 and still waiting. I've gone from 10 to 30. Last year, I got up to 50. VA app still saying it's waiting to be seen by judge." Oof. 44:48 "I wanna file for PTSD." All right. File for PTSD. Yeah. Tinnitus. File for anything you think you're entitled to. Remember I, that my other sign, file that claim now. Don't wait, okay? 44:58 Though if you're at the hearing level on, on the BVA, God only knows. Yeah, and, and with their electronic le- records, they're supposed to be able to have, 45:07 be able to process multiple claims at different levels, so that- Right... should not de- delay your claim with the board. [laughs] Delay your claim with the board. There's a laugh. 45:15 They're, they're, they're good to do that on their own. Linda: "I've requested my service treatment records five times, and my VSO says they're unavailable '83 to '87. 45:23 However, my service connection is highly dependent on my medical records from this period. What should I do?" Um, you should appeal. You should, okay, you should go to the National Archives. Um, it's a, um- In St. Louis. 45:36 It's, what is it? S180? What is that form? Yeah, there's a form called VA 20 or 21-180, and that's a release of records, and you should send that to the National, um, Records, uh- National Personnel Records Center. 45:51 Yeah, NPRC in St. Louis, and they're supposed to keep all the records. So remember, there are two, um, y- you'll wanna write for your service medical records, but you also wanna write for your service personnel records. 46:04 A lot of times they will at least have your induction and your discharge exam, and sometimes they will have other medical records in there. They are not automatically put in your claim file. 46:14 You have to ask for them, okay? 46:16 The other thing that you can do, and I've not had a lot of luck with this, but if you're in the hospital, say, those records are kept by the date you were in the hospital, not by your name. 46:27 So if they haven't put in your, been put in your s- claim file, you have to write the National Personnel Records Center and ask that they search the, the hospital for this date for a record in your name. 46:39 Those are the only way you can get them, and sometimes they're kept there. 46:42 If you were in the National Guards, a lot of times what happens is your service, active service treatment records went with you to the National Guard, and they are there. Mm-hmm. 46:52 They're not in the service connected, I mean, the National Personnel Records Center, and they're not in your claim file. 46:59 So those are all different ways that your records could be anywhere other than in your claim file, and there are others too, but I would search all of those. Well, the first thing I'd do, have you filed the claim? 47:10 Oh, yeah. File the claim, and the VA is responsible for getting those records. So if you file a claim, and the VA says, "We don't have these records," then you need to do everything Carol just said. 47:19 But if you file a claim, and they will list the evidence they use, and that should be the STRs from the '83 to '87, uh, and then you ask for a copy of your claims file if, if you get denied, but they have a duty to go get those files. 47:33 Right, and so- So that's why. That, that is the fastest way, bar none. 47:36 And the thing I do is I try to write for them myself, but I also write to the VA and say, "Under the duty to assist, I want you to, uh, get records from all of these different sources," and give them the information so that they can do that. 47:49 They're not very good at it, but sometimes you get lucky, you know? Yeah. But, uh, you don't have to do any of that if you just file a claim. Right. 47:56 Just file the claim, and then if they go get them and they find them, then great, then, then that's one less thing to worry about. Mark: "Just yesterday I had a comp claim increase continued at 20%. 48:07 Can I file supplemental?" Yes. You can file supplemental if you have more evidence, or you can file a, a hearing review, um, what's, HLR, high-level review. Or you can file a CAR HLR. Yeah. 48:19 But if you, if you wanna put in more evidence, then supplemental's the route. 48:25 Another step: "How credible are rumors of changes within the VA system that will make it more difficult to re- reach 100% and possibly reduce the ratings of those who are already 100%? When is a rating really locked in?" 48:36 A rating is locked in after 20 years of you having that rating.Um, [sighs] you know, rumors, it's- it's kinda borrow and worry. You know, we- we never know. 48:47 You know, under Biden, there was, uh, supposed to be a new IU reg and a new PTSD reg and new... There's a sleep apnea. There's... That's never gonna come out. 48:56 I mean, there's- there's all these regs that have gone through different levels of review, um- And we haven't seen any of them. Haven't seen any of them, yeah. So I- I- I don't, I don't know. 49:04 I mean, the one concern that I have right now is this, uh, is the, um, shutdown. 49:12 You know, 90-something percent of VA employees are considered essential, which means they have to work, but what we're seeing is people are calling out of work and going and doing different jobs because they're not getting paid. 49:24 Yeah, they're not getting paid. So the longer this goes on, even if they're essential workers, you know, we're gonna start seeing slowdowns here. 49:32 Uh, and that, you know, um, so that doesn't address what you're- you're asking, though, Steph, but- but that's- that's a rumor I'm worried about. Uh, but this one, I just, I just think you gotta... 49:40 You know, I- I- I don't, I've not heard this, um, and I think you just gotta kinda wait till we see proof of something like this. 49:47 As Matt says, I'm more concerned about what's going on right now, because there are some great people at the VA, and I wanna make sure... Uh, they are wonderful. We- we rely on them. 49:56 They are there to help, and a lot of them are retiring, quitting, or they're just so bummed out because all they get is grief. You know, the, the, "I'm gonna fire you," they're being told. 50:08 You know, and so they said it's really hard to stay in and do your job when you're not getting paid either. So this is a horrible, 50:16 horrible situation for the- the people at the VA, 'cause there are a lot of people who- who are veterans, and they want to help these other veterans, and they're just leaving, they're bummed out, they are worried they're gonna get fired. 50:29 I mean, those are the rumors they're worried about, so that's affecting everything that's happening. That's what I'm worried about. Hmm. Tony, "I filed for mental health with a private DBQ, and Nexus was denied. 50:41 Filed a high-low review, got duty to assist in VA scheduled C&P for doc review, where I'm not needed. Is that right?" Yeah. 50:48 If the doctor is just reviewing your DBQ and your medical records, then they don't need you there in person. 50:53 Um, frankly, if they do a poor job and say that it wasn't, um, you know, you're not service-connected, then I think you have [laughs] 50:59 I think you have a brand there saying, "Hey, look, I got a doctor who treats me and saw me for this- Yeah... versus this doctor who just looked at records." So- So yeah, go to the board if you're denied. 51:08 But remember, the VA always, if you put in good evidence, they're gonna send you out. We call it a duty to deny, okay? 51:15 They're s- they're supposed to assist you, so they always say whatever you send in was not sufficient to make a decision, which is crazy. 51:23 And so they're gonna send you out to see if they're, can get evidence that just denies you. That's the only way you can really look at it. Pete, part one. "Just a question about aid and attendance. 51:37 I'm currently 100% TDIU due to hearing loss at 60, anxiety at 70. I cannot go to gatherings without some, without someone with me that understands my anxiety and helps me understand conversations. 51:50 Also, I cannot do overnight stays anywhere without someone to let me know if an alarm goes off for fire and other safety reasons. Would that- Be a basis for aid and attendance?... call to my branches? Yes. Okay. 52:02 I don't think it would be, so why do you think it would be? He can't call, and he can't make appointments. He really can't hear if alarms go off in the house. He can't advocate for himself. 52:12 There are all sorts of things he can't do. And I think that plus his anxiety, I- I think he definitely needs aid and attendance. So what's the daily activity? 52:22 He can't leave, he can't leave the house without somebody to help him. He gets really up- He can't communicate. He gets upset, so he needs somebody to help him with just everything. 52:30 So I would focus on those, not attending a party or going to stay overnight somewhere, but what Carol said as far as, you know, you can't attend a party because basically- The phone rings, you can't hear it. Yeah. 52:40 If there's an alarm that goes out in your house, you don't know. If there's somebody who calls on the phone, you can't hear them. You can't make appointments. 52:46 You can't, you can't call and ask questions about your health. And then the anxiety of dealing with other people, you need somebody because you get upset and maybe you have panic attacks. 52:55 I think, I think there's definitely a basis for aid and attendance. But I would shape it more as the things she said versus, uh, the- Right... two points you got. ImpeachObama1776, "We need a new tagline. 53:08 I think he's gone. I had a VA terror interview last year, and the following statement appeared in my VA problem list, 'Exposure to potential hazardous substance.' Uh, I also received a letter from BVA." Oh, is that it? 53:24 Okay, had an interview. Well, um- Hopefully you can, um- I'd wanna identify that substance, and I don't know if that long number there does identify that substance. 53:37 Uh, so if that's, if there's nothing else here, question was- What does the BVA letter say? Yeah. Uh, and remember, no matter what you've been exposed to, if you don't have a disability from that, you don't have a claim. 53:48 Mm-hmm. So, they may be advising you that if you develop this, you would be entitled, and maybe you don't have anything, but if you do have something that they would tell you it's related to that exposure. 53:58 So, I'm not sure what your question is just from this. But find out what that substance was. Yeah. Okay. "Is Terra filed directly or with a diagnosed service-connected disability?" So, 54:11 just going back to the basics of service connection, you gotta have something happen in service, a current disability, and a nexus or a link between them, okay? 54:18 So, Terra goes to that first point of what happened in service, what were you exposed to in service? Uh, but you still have to have the diagnosed disability. So a lot of times, you know, 54:31 you know, we don't see this much anymore, but 10, 15 years ago, we'd have vets come to us and say, "Hey, I, I have agent orange." 54:37 Well, you can be exposed to agent orange, but if you don't have a current disability, there's nothing for which you can receive service-connected compensation. 54:43 So-Tara is gonna speak to what happened to you in service, what you were exposed to, but then you still need to have a diagnosed disability. Right. 54:55 Amy W., "My husband is a Gulf War vet meeting presumptive requirements for COPD. Unfortunately, he has smoking history and had unfavorable C&P who said it's due to his smoking history." 55:08 He meets the presumptive requirements. Don't they have to show through clear and convincing evidence? I, I, I, yeah, I think this may be wrong. Uh, remember, w- this is what they do. 55:17 They will say he- because he smokes, it's as likely as not that it's from smoking. That's not it. If COPD was caused not due to exposure, it said, "Gulf War meets presumptive requirements." 55:31 Yes, he definitely should appeal. Yeah. Yeah. I, I don't think that's right either. I don't either. 'Cause it's a presumption. Right. Presumption carries a heavier burden against the VA. 55:40 They can't, as likely as not is not the standard for that. They gotta show through, I believe it's clear and convincing evidence. I'd look this up under 38 C.F.R. 3.317, I think, or it's 3.117. 55:52 That's the, that's the, uh, Southwest Asian, uh, presumptions. "Wayne, is the average rating for obstructive sleep apnea associated... What is the average rating for obstructive sleep apnea associated with PTSD?" 56:08 So PTS, excuse me, sleep apnea, if you have a CPAP or a BiPAP, that's an automatic 50%. Right. And that's what we see most vets have. If you do not have that, then it's gonna be lower. 56:18 Or if you, let's, let's put it this way, if you aren't prescribed that, we also have vets who are prescribed those machines, but just can't wear them because of their PTSD, 'cause they have nightmares. 56:27 Um, but if you have been prescribed that, that would be the- Fifty percent. Right. "Hector, I was denied for colorectal cancer and IBS after the VA conceded service-connected disability. Will for colon cancer-" Appeal. 56:45 Yeah, appeal. I don't understand what they did, but they might not understand what they did either. No. So, yeah, I would appeal. That, that's pretty high rating most likely. All right, let's take three more. 56:54 [sighs] Uh, Josiah, "IG report on hundreds of ratings processed at Philly regional office '22 to '24 will be reviewed. I filed in San Antonio, got 100% from VA regional office, Winston-Salem, effective 2022. 57:07 Will my rating be reviewed?" I'm not seeing your, uh, nexus to Philly. So- Yeah... under that report, I don't know that it would be reviewed. I mean, but, but it, unfortunately, it could be reviewed at any point, so. 57:19 Philadelphia's had a, a lot of problems in processing their cases, particularly widows' cases, and maybe that's why they're reviewing them. I don't really know. 57:28 Um, but they may not even be reviewing whatever your disability is. So as Matt says, don't borrow trouble. Um, you know, it looks like you're, you're fine. [clears throat] Mr. 57:40 Ray, 504, "How do you get the VA to acknowledge veterans re-enlisted prior to his other than honorable same branch? 57:47 In remarks section, it says, 'Veteran completed full first term of service, continuous honorable service.'" Well, your DD214 should show all of the times, uh, that you were ser- in the service. Yeah. 57:59 A- and as you already understand, uh, if you have a dishonorable period of service, you're not entitled to any benefits. But if you had an honorable on either side and something happened during that- Right... 58:09 honorable period, you are entitled, so. You're covered for anything that happened during that period of service. And, and again, this might have, you might have to appeal because the RO just doesn't understand. 58:16 That's pretty, that's pretty basic, but they might not be understanding that. All right, last one. 58:22 Jay, "Had a recent C&P July, favorable findings for headaches and veneers diagnosis for both, and still received denied claims already service-connected for bilateral hearing and tinnitus." Makes no sense. 58:34 Um, if you just got this, I would CAR this. Otherwise, this is straight to the board. Yeah. Uh, I mean, that's, uh, it's just head ending on that because that just shows their incompetence even more. 58:45 But yeah, I mean, you have the facts on your side. They're just trying to deny, see if you'll go away. [sighs] All right, folks. Um, that's all we got for today. That's all we got. It's been fun. 58:55 I couldn't figure her out today. She was kind of sassy, but then she was really forgiving of VA people. Um, I don't know what to say. Gotta keep you on your toes. Yeah, I'm on my toes. 59:02 So, and then you guys, Sherry in particular, you can help by- [laughs]... inflating her ego with these T-shirts ideas. But we love being here. We love the fact- He can't wait to wear it. 59:11 [laughs] We love the fact that you guys come so informed and pressing forward with your knowledge and, and understanding that you are in the driver's seat of your case. 59:20 Um, and thanks for all the information you shared with us. We look forward to seeing you guys again next week on this same time and space. Have a good week. Take care. 59:28 [outro jingle] Periodical businesses
