Transcript 0:12 [ on-hold music] Hey, folks. Matt Hill here. Welcome to another Hill and Ponton VA Q&A session coming to you live on... It is just me, no Carol today. 0:27 So as usual, I'll try to play fair and give you both my answer and what I think Carol would say. Um, so yeah, we'll go with that. But excited to be here. 0:37 Last week, uh, gave me so much energy with everybody asking such thoughtful questions. Obviously, you guys are digging into the VA manuals, the, the disability codes, sometimes even case law. 0:48 Again, knowledge is power, and I'm just so, I'm just so, uh, excited to see you guys jumping on that. So with that, let's jump in today. 0:56 Well, first, uh, Nate has told me to say we're trying to, um, trying to get more questions, trying to get more people get answers, 'cause I know there's a lot out there, and so we're, we're trimming down the, uh, parts. 1:09 I think if it's over four parts, uh, for a question, then, then it's gonna be handled elsewhere just so we can get through as many questions as possible. All right. With that, Nate, let's jump in. All right. 1:21 First from Charlie Chadbourne. "Service-connected for broken right foot in June this year at zero percent, effective June last year. Understand I have one year from June twenty-five to submit a supplemental. 1:33 I have an intent to file submitted six/twenty-six/twenty-five. 1:39 I have an intent to file submitted," yeah, "with plan to submit a few other new claims and don't want to end up using new intent to file for the supplemental." Okay. So 1:52 yeah, because supplemental, they're gonna see as a new claim. First of all, I, I would ask you to back up. If they got this wrong and you already have the evidence in there, then 2:04 I, I would file for higher-level review, state what they got wrong. If the, uh, exam itself is bad, you could go on that angle. 2:13 If, um, you know, they didn't consider all the evidence in there, didn't consider positive medical evidence you had versus the exam, you go that angle. I-if we're going to supplemental, Charlie, you're smart. 2:24 The, the likelihood of them, this, them screwing this up is grand. It is, you know, it's high. Um, I would, in an abundance of caution, I'd do one of two things. I'd submit 2:42 all of the claims together, meaning the new claims that are new supplemental and this old, you know, this appeal supplemental claim, or I would submit all the supplemental claims that are new, not based on this denial first, and then after, submit the supplemental claim to, to the broken foot claim. 3:02 Um, 3:03 you know, they, they probably will-- even when you get the service connection you deserve, they'll probably still screw up the effective date on that foot because all these up, other supplementals were submitted, and they just a, as a, uh, you know, it's almost a rule. 3:16 They, they're gonna screw that up. So, um, but to make sure you get the intent to file date, I definitely would be submitting those other issues first or at the same time. 3:28 Don't consider the intent to file to be an appeal to that prior case. Okay? Uh, so get everything in within a year. Joe Zbo. 3:43 Uh, "Would all evidence they use to decide supplemental claims show in C file in VBMS? Supplemental decision letter didn't show new evidence. Thank you." 3:51 Um, it should be in your claims file, a-and if it's in the claims file, it should be in VBMS since that is effectively your claims file now. Uh, so if it wasn't in there, what would I do? I would, um, 4:11 I would still do a higher-level review and say, "This was submitted on X date." If you have a quick submit, um, what do you call that? A receipt, then I would put that i-in there as well. 4:24 If you don't, then y- hopefully you submitted it, um, you know, something to where it was registered mail. I would submit what-- that, that as well and then resubmit what you put in there, um, a-and say, "Note..." 4:39 I would, I would put in big letters, "Note: This is not new evidence. This is evidence that was in the file at the time of decision. 4:44 It was not noted on the decision, and therefore, uh, a new decision should be made based on this evidence and the totality of the evidence from the prior decision." That's frustrating. We have that happen all the time. 4:59 Lerner, good to see you. "Hello. What is the best way to challenge a wrong date for back pay? Still waiting for my VSO to get back to me. Any advice would be great, uh, to help you." 5:08 So, you know, this is what I was kind of referring to earlier, where the VA, you know, especially when you file a claim, it's denied, you file a supplemental claim, they, they wanna base it on the date of the supplemental claim, not go back to the date that it was actually filed, even though it was all on the original claim stream. 5:26 Simple letter, um, higher-level review saying, "I originally filed this on X date. I appealed it on Y date. It's all on the same claim stream, so it should go back to X date." 5:37 That's not that hard of a letter, honestly, and, uh, if you feel confident doing that, you know, you could literally just put in ChatGPT, just, just drop in... 5:46 If you have them, I would drop in the document you filed, the document, um, where it was denied, and the document of supplemental claim and say, "Hey, write me a letter saying that this should go back to the first date." 5:57 That, that should do it for you. If, if, if waiting for the VSO just to do that, I mean, that's not complicated and maybe something you could do for yourself. 6:06 That's-- and that's a higher-level review.Isidoro Vasquez, "I'm twenty percent for lumbar degenerative arthritis, currently claimed lumbar or s- uh, cervical strain. 6:20 Previously rated mild disc degeneration L3, 4, previously chronic low back pain. I was diagnosed flat feet. I have no foot issue during my entrance exam. I have a copy and had a right foot injury while on active duty. 6:36 I researched and thought maybe I can submit secondary claim flat feet with my current, uh, twenty percent. What are your thoughts?" My thoughts are, and I can speak for Carol on this as well, is to go for both ways. 6:47 Go for both what happened in service, direct connection and secondary to your, to your back. So, um, what that looks like is just say, "Hey, um, 6:56 this happened at service," and, and hopefully you have records you can point to or a buddy statement you can point to, and then say, "It's also tied to my back." 7:06 Let them figure it out, and that way you kind of have two bites of the apple. That's, that's what I would do. Roger Smith, "Had a pr- a video predetermination scheduled for five months. 7:20 I showed, my VSO showed and other party did not. It was scheduled for July. This is for SMC(K). That was okayed and then denied by Q. Still being compensated. This is for my ED by hypertension by A Orange." Um, 7:39 Roger, I, I think you're-- unfortunately, you're sent on a waiting game here. Uh, but, but if you showed and... [sighs] I don't think they can take that... 7:49 Well, I, I don't think they-- Well, the concern I think you might have is that they take it away and then they ask you to pay it back. 7:55 I think that while you are fighting it, they can't do that unless they sent you a letter saying either you agree to it being severed right now, or you can appeal and you have to pay back. 8:06 If, if you do have to pay it back, the fact that their incompetence, their, y- you know, not showing, unfortunately does work against you, and I would be putting that money in like its own savings account or something. 8:18 So if you do have to pay it back, you have it sitting there. [clears throat] Uh, Mr. Redick- Rick, uh, it's good to see you. "I have a CUE at BVA. 8:30 It's hypertension, diagnosed in service, denied in eleven with, uh, heart, diabetes two, GERD, all were later approved. 8:39 I requested CUE on the merits under thirty-eight CFR three point three oh three B and three point three oh nine. Part two, judge signed on January ninth and requested an extension. 8:55 Three, what could this be for?" Um, the judge requested an extension. I don't know. Um, I, I, I, I, I frankly, I d- I don't wanna speculate because I, I have no idea i- and, you know, whether it's good or bad, it's not. 9:11 You know, could be the judge just came off vacation, could be he got sick. Um, you know, unfortunately, this is just kind of speculation and it's not, it's not, um, 9:24 dispositive to your claim or it's not, uh, uh, you know, it's not substantive, let's put it that way. 9:29 The substance is what you wrote and what you showed and, and when they get to it, unfortunately, they get to it and we can't press them on a timeline. Remy eighty-six, it's good to see you. 9:42 "I have a lower mid back secondary to my service-connected bilateral shin splints, [clears throat] C&P on the thirtieth. 9:48 Do you think taking a picture with me that I took of the grab bars the VA had installed in my home, both for my bathrooms, would help my case?" Uh, go back to the first part here. Hmm. 10:05 If you're saying that those-- 10:09 I, I, I don't know is the answer to the question because, uh, if you're saying that the grab bars have affected your back by having to use those bars [clears throat] because of your shins, then sure. Um, 10:20 otherwise, I don't see how they... Let me say this. They have to tie in to the disability, okay? So if those, um, bars are used for some reason because of the disability or to offset the back disability, then sure. 10:35 If they're not, I, I just don't see the relevance there. Oh, me again. Last question. [sneezes] Excuse me. [sneezes] "I also have a knee peripheral nerve C&P on February second. 10:49 Would it hurt my chances, uh, if I present the same bathroom grab bars photos that I present for my lower back?" No. Not, not if, um, not if you're showing that's what you need to use because of that, uh, disability. 11:02 Because if that disability is so inhibiting that you, you can't frankly move your knee without the grab bars, then yeah, I, I, I definitely would show it for that. 11:11 Because again, that's, in this case, to me, I can see the direct line of relevance. It shows how weak your knee is and that you need support. [clears throat] Sandra B, "Hi. 11:24 C-- My C&P examiner never received my service treatment records. They're marked as received in the rating decision, but we never associated with my claims file. Since the DRO in, in a, uh, higher-lower review can only, 11:39 uh, review evidence already in the record, how do I get this corrected before the HLR goes forward without triggering another statement of the case?" Okay, a couple things here. 11:48 You will not get a statement of the case because that's in the legacy claim. Uh, you would get another rating decision granting or denying or remanding. 11:56 In this case, I think your best bet i- if the C&P exam was negative, is to... Now, this is where it's tricky, right? Because you can't submit new evidence, but y- you can submit arguments. 12:10 So maybe my argument would be the C&P examiners stated they did not receive the service treatment records. 12:17 If you can look on this, I'm-- So I-- To, to argue this, I would consider getting a copy of the C&P exam itself, and there should be a boxEither a box for them to check what they received, what they reviewed, or a, um, you know, open narrative section showing what they received, what they reviewed. 12:35 If they said, you know, didn't, didn't get seen, didn't get, uh, service treatment records, then I think you, you, that right there proves your case, and your case is a duty to assist era because it's an inadequate 12:47 C&P exam. Because if the C&P exam didn't have all the foundational evidence it needed, then, then it was an inadequate exam. So that's what we're going for here is, is a, um, is basically for them to redo the exam. 13:00 If the exam, once you get a copy, states that they did receive the service treatment records, then I think you need to state an argument. 13:07 Again, this is probably evidence, but I would state it in your argument that you were told by the examiner specifically they did not have your, your evidence from service, your, your service treatment records, and then you see what you go from there, what you can get from there. 13:23 "Have you guys heard of Sherry Breel and Eric Edmondson proposed Act benefits? Severe injury veterans with SMC R1 and T to get an increase of ten thousand annual." 13:36 I have not heard that, um, and I don't know if this would have come out of the House or came out of the Senate. Probably the House. 13:44 I do re-- But I, I think I remember, mm, the bill I saw was, it was like a one-time benefit. It wasn't an annual. Um, we monitor pretty closely. 13:53 I'm, I'm in, in a, uh, political action group where we are constantly monitoring what const... 13:59 excuse me, what Con-Congress is proposing and, um, giving our advice as far as what we think Congress should be doing, uh, and legislation that's come through and whether it helps vets or not. 14:11 Um, and we have not been pro- uh, approached on this yet. So I don't, I, I... Sorry, I, I don't know the specifics. 14:19 The one that I'm thinking of was like a one-time, um, boost for, for this, but, uh, it looks like I could be wrong. [clears throat] "Can your congressman help move your BVA appeals process quickly?" 14:34 I wouldn't say quickly, but, but I've definitely noticed over the years that the squeaky wheel gets attention. So if you-- 14:42 The thing about the congressman, uh, it's, it could be, uh, you know, cut both ways in that when they ask about the case, what typically happens is that case gets pulled and a letter has to be written back to the congressman saying, "We've done X, Y, and Z, and this is what we're waiting for," yada, yada, yada. 14:59 Um, which can be good because it gets the attention, but it also gets pulled aside for them to write the letter back to the congressman. If you've been sitting there forever, [clears throat] 15:09 I don't think you have anything to lose. Just have, have the congressman inquire. They get the letter. Your case is now o-on their radar, so to speak, and hopefully they make the decision. 15:18 But I-- So just, just know that there would be a little bit of delay for them to respond to the congressman, but also it would get your, you know, your, your case would come up and, and they would have to take a look and see what's going on there. 15:31 [clears throat] Mike, "Granted aid and attendance, denied claim for insomnia, but C&P examiner stated that I suffered from chronic sleep deficiency." Okay. So 15:45 r-r-rule of service connection, you gotta, uh, should I appeal and how? Um, first of all, we need to know, uh, you know, is this something that's, that's directly service-connected? 15:55 Is it, is it related to, uh, another claim that's already service-connected? 16:00 If it's for direct service connection, you have a diagnosis, that's great, but you still need to show something happened in service and that there is a nexus between those. 16:09 Um, if you have this related to a se-- if you believe it's related to a s- to another service-connected disability, then you need to show a nexus between that disability and, and this one. 16:20 So I don't know how you should appeal. If all of that, which I just said, is in the record, then it's a higher-level review. 16:26 You're just saying straight up, they didn't, you know, look at this information, or the information I gave was more, um, thorough than the C&P exam, which might have just said, "I have this diagnosis," 16:38 or the C&P exam might have given you everything you need. If, if any of that is missing, then we want a supplemental claim and put in new evidence. All right. 16:50 I'm getting a little information here on that, uh, Benefits Act. Um, that Benefits Act as far as for the expansion of SMCT and SMC, um, R1 was put in last year, actually just in December, so last month. Um, 17:09 and this went through the House. So I have not seen this yet. Um, this might be something that could go out, um, uh, next year or be part of a big veterans bill that usually comes out late in the year. 17:25 Uh, but this is the first that I've really seen it. So we will keep an eye on that. 17:30 If, if I learn anything more as far as it's actually getting traction, obviously there has to, there has to be a, an accompanying bill from the Senate, and I haven't seen that yet, um, then, then, you know, we'll, we'll know more. 17:40 But it just came out about a month ago. Thanks for putting that on my radar. [clears throat] Thristone, good to see you. 17:49 "Once a case goes to a board judge, how long does it take to make a decision on a fully developed claim? What have you been seeing lately?" Okay, so fully developed claim, 17:56 we are seeing this handled within the year if the veteran puts in the waiver saying, "I waive the right to the three hundred and sixty-five days." We, we see that happening within the year. 18:06 If you don't, then it's a year plus a couple of months typically. So the whole going to a BVA judge thing means absolutely nothing. 18:13 I mean, like, you, you can get a decision next week, or you can get a decision in four months. Uh, but just in general, with these direct review to the board where you're not adding new evidence, we are seeing them, 18:24 if you put the waiver in, we're seeing them complete those within a year, and that has just happened in twenty twenty-five where we're actually seeing that turnaroundAnd that's the timeframe in which the VA said that those would be turned around. 18:36 It took them six years to do that, but, but we're seeing that now. So if you put in the waiver, I'd definitely see it within a year. If not, I, I would like to say within sixteen months. 18:46 [clears throat] Chris Smith, good to see you. Um, all right. We're jumping into the M twenty-one. Uh, there's a way to ask-- uh, 19:00 this M twenty-one section says there's a way to access historical and change permission. Is hypertension only rated under cardio? Uh, your MOS was a Navy engineman, marine diesel fuel solvent, now, uh, 19:15 diagnosed, uh, looks like a chronic kidney disease, DM, Gulf War presumptive. Okay. Is hypertension only rated under cardio? So, you know, yes. 19:28 Um, if you have secondary conditions from that heart-- uh, hypertension like a stroke, then those symptoms will be rated separately under a stroke. 19:37 If you have, um, you know, obviously diabetes related to the hypertension, then that would be related under hypertension. 19:43 But the hypertension itself, the hypertensive disease of the heart is going to be, uh, directly first service-connected and rated through the heart diagnostic codes. But any other symptoms you have, let's say, 19:56 making this up here, but let's say it caused, 19:59 you know, some kind of numbness of the hand or, you know, blood wasn't circulating in the hand, well, then that would be rated under, uh, the, the peripheral nerve, uh, diagnostic code. 20:08 So it depends on what we're talking about as far as, um, what is affected. 20:14 Obviously, hypertension can cause quite a few secondary diseases, and, and those would be the ones you want to make sure that are service-connected because 20:22 they are gonna be higher ratings than the actual, um, the actual rating for the hypertension itself. Hypertension, you're gonna see a ten percent rating. 20:30 But all those other ratings, if you have some catastrophic problems, which unfortunately hypertension causes, you will see a higher rating. 20:37 Uh, and, and then as far as the presumptive, I don't think there is a presumptive. Could be wrong here. I've, I've never seen a presumptive for that MOS of, of diesel fuel, using diesel fuel solvents. 20:48 That being said, that is proof of an incident in service that the VA must now look at and get a Terra memo first and then a doctor's opinion as to whether those solvents, your exposure to those, could cause the problem with your kidneys, diabetes. 21:04 I do not think they're Gulf War, uh, Gulf War presumptive. [clears throat] George George one of two. "I just received my claim today. Everything was denied except my tinnitus, and they're sending me for exam for PTSD. 21:19 These claims got denied can be associated with PTSD. Will they be brought back up? Because I claim MST and accepted that claim for MS-- and accepted that claim for MST. Am I going to have to file supplemental claims?" 21:35 Hmm. Um, I would say no. 21:39 I would say we would argue under those secondary claims that they put the cart before the horse, and that they decided your claims that you think were caused by the MST before they decided the MST claim. 21:51 They got to decide the MST claim first. If that's associated, then they need new C&P exams on the other claim saying, "Hey, could this be secondary to PTSD?" So 22:01 what I would consider doing is waiting for the PTSD claim to come back, uh, whether it's, you know, positive or negative. 22:07 If it's positive, then you have a, a higher-level review case because they, they have a duty to assist to get you proper C&P exams, adequate C&P exams here. So I would not file supplemental claims yet. 22:19 I would wait to see what happens. If they say no on the PTSD, then y-yeah, you're gonna need supplemental claim for the PTSD, probably for the other ones as well, to prove why the PTSD is related. 22:33 Jason, award service-connected seventy percent for acquired psychiatric disorder. [chuckles] Hail Carol the Great. Oh, she's gonna love that. All hail Carol the Great. 22:43 I'm gonna let her know that, and it's gonna go straight to her head. Happiness, good to see you. 22:49 "I just learned that Cefaly and TENS unit for back and a C&P ma-- C-CPAP machine are all considered prosthes- prosthetic devices with the VA. What do you understand about that? What are we missing?" Hearing aids? 23:04 Huh, TENS unit, that makes sense. I, I am not hearing anything about this. Um, wow. I don't think, I don't think hearing aids would count. Um, but I think that's really fascinating. I, I like that for an argument. Um, 23:20 but prosthetic device, you know, I guess when I think of prosthetic device, I think loss of use of a limb. Um, so I, I... 23:28 the TENS unit, that would be a pretty creative argument to say that you have lost use of a limb because you need a TENS unit. 23:35 If, uh, but if you were using it like max wattage and, and if you didn't use it, your, you know, your hand would not work or you wouldn't, you'd, you'd not have the strength in your hand you needed to do what you normally would in your daily activities with your hand, I'd say that's an argument. 23:50 Um, but yeah, I'm getting, uh, getting punked, uh, bumped in here from my, my, uh, claims agent, Cassandra, saying that any durable medical good could qualify, medical equipment. 24:06 VB Consulting, "Hello, can a veteran present and appeal him or herself to the CAVC? And if so, what's the process, please? Thank you for all that you do." Yes, you can. Uh, um, you can self-- you can represent yourself. 24:21 Uh, you will get paper... So you gotta appeal to the court. Uh, you go into the court's website, and it'll tell you how to do that. 24:29 And then you can just say that you're pro se is the term, meaning you're representing yourself. 24:35 Um, and then they're gonna ask you whatThe position is, or what your posi-- or what you believe was wrong in the BVA opinion, and you, um, you, you put all that down, and, and then the, uh, opposing counsel, office general counsel will come back and say why they believe that's not right if they think that, um, the BVA decision was accurate. 24:56 After they do that, then you have the option of writing what's called a reply brief, meaning that you get to reply to what they said and tell, tell why it's wrong. 25:06 Um, the court has a heightened duty when it comes to pro se litigants to, um, to review the file with more scrutiny than they would if an attorney presented the case. So you can definitely do that. Also, [clears throat] 25:20 if you do get an attorney, it's no cost to you. If an attorney wins, then they get each of these, uh, which is Equal Access to Justice, Justice Act fees, meaning the court just pays those. 25:31 It doesn't come out of retro of yours. So it might be worthwhile to look into that. If you feel like you haven't dialed in on what you wanna argue, go for it. 25:40 Um, but just go onto their website, and it'll show you how to do it. Remember, if you are doing that, the record is closed. You can't add any new evidence. 25:49 If the BVA did not discuss evidence that was in the file, you can obviously state that. Um, and the standard is a lot higher. 25:58 So instead of it just being as likely as not, you actually have to prove error, and that error has to be prejudicial to the deciding of your claim. 26:05 Meaning, if they just made an error on your name, that doesn't matter, right? If they made an error on branch of service, probably doesn't matter, and, and it wouldn't have upset the, uh, disposition of your claim. So 26:17 i-it's, it's definitely a little harder. You know, uh, they're gonna wanna see cites to ca-case law if you have them. So it's, it's a little more rigorous in that it's, it's more structured. 26:28 You know, there's deadlines on both sides, and, um, you know, uh, it's, it's a lot more, um, [chuckles] 26:36 regular law, if you will, in that there's actually deadlines and there's, you know, it's not just opposed to the veteran, but on the other side, and then there's, uh, citations they wanna see and all this stuff. 26:49 Joseph, "Hello. Thank you for all that you're doing for vets. Can I appeal a decision by the BVA when they, when they rule on incarnation?" Uh, hmm. I don't know exactly what that is. Uh, gonna be honest with you here. 27:06 Um, you can always appeal a decision of the board if it is a final decision. If they remand it back to the regional office, you cannot appeal that. If they do make a final decision, you, you actually have two routes. 27:18 One, you can appeal to what we just said, CAVC, Court of Appeals Veterans Claims, or you can file a supplemental claim at the RO with new evidence. Either one of those keeps that underlying claim a-alive. 27:36 Jason one of three, "Service-connected ten percent degenerative changes in talo-carstinal joint right ankle in oh-eight. Twenty-twenty-three, direct claim for right lower leg fracture granted." Okay. 27:49 "But they applied it to the existing right ankle. Continued with the original ten percent. The talus and the calcaneus bones are wholly in the foot, not the ankle. 28:00 Is it worth risking almost twenty years service connection, uh, for the record, uh, to have instead of ten for ankle? Ten is continued as the original ten." Wait a minute. Uh, is there another one? It's worth risking... 28:14 Uh, I think we're going on to the next one here. That's the exact same. "For the foot and ten percent for the right leg fracture." Um, [sighs] I think it's worth it. I mean, if, if they're two separate injuries, 28:29 we'd have to show that there's two separate applicable rating codes, and the, the, the, the, the problem might be pyramiding, meaning that you can't be rated for two separate disabilities that cause the same problem. 28:45 So if the problem is in range of motion of the ankle, which would be covered under the ankle, even though it's a foot problem, then, then you're not gonna get a separate rating. 28:54 If the problem is something to where y-you have weakness in your foot or limited motion in your foot, n-not just the ankle, then, then you could get the other ten percent. 29:04 So you wanna make sure, looking at the rating codes, that there would be a separate rating that is compensable and not pyramided. Hopefully, they spoke of pyramiding of that so that you'd understand what's going on. 29:16 Um, if there are two separate... You know, if you still have a fracture in your foot, if you have arthritis in your foot because of the fracture, that is separate in and of itself from the ankle. 29:26 So look to see what you would see as separate and, and go from there. If you can't really parse it out, then, then, then even winning the service connection, you won't get a higher rating for it. 29:39 [clears throat] Mus- Mugscratt, uh, "What is the best way to communicate with you on questions regarding paperwork from, from VA, from VA?" Um, you can't submit paperwork. You can't upload things on this, unfortunately. 29:56 Uh, I don't, I don't know. Nate, do you have an idea? Is it, can they take a picture and upload it? Um, I, I haven't seen that before. I don't know that. 30:04 Best way for this is just to go back and forth and give me the questions you would have on the paperwork. I, I know filling out that, uh, five twenty-six can be a pain. 30:13 They supposedly made it more streamlined, but still there's so much information, and I know, you know, uh, vets all the time fret about getting it right, what they should do, you know, i-is everything accurate? 30:24 Are they gonna deny me just because I forgot to check one box? Um, I, I don't have any-- I don't have a, a silver bullet for you on that, though. TCC one three two, "Good afternoon, Helen Potton. 30:38 Based on last week's great win at the BVA, based on Barry, please feel free-"To use my quote as needed to support all veterans with SMC increases. Thank you so much for that. 30:50 Uh, we'll have to pull that up from last week, but we did-- yeah, we, we were hoping to use that. Thank you and, and best of luck to you. [clears throat] Jason again. Also thank you for all you guys do. 31:02 I was successfully service-connected seventy percent for acquire- [laughs] acquired Zack Andrews or all hail Carol the Great. 31:08 I don't know where you guys came up with this, but now she's gonna want a T-shirt with this too. [sighs] Chris, good to see you. 31:16 If you go to CADC and are denied, can you keep claim alive with supplemental including effective date? Trying to understand the process. Process is hard to understand, Chris. Great question. 31:26 My understanding is you can both appeal to the board and file a supplemental claim at the same time. So if you wanna do both those, go ahead and do those. Um, and those both keep the claim alive. 31:36 If you're denied at the CADC and you don't appeal further to the Federal Circuit, that would kill the claim. But if you already have a supplemental claim going, then, then you hedged your bet probably. 31:51 Moe Gee, I was denied PCAFC because doctor doing pre-surgery appointments said my gait was okay. I was wearing a rigid back brace, two calf-high orthotics and cane. Can my rating for A&A be reduced? 32:06 Um, your, your any rating you have can always be reduced. Um, but you gotta weigh that against what evidence you have for the claim versus against the claim. So we're talking about two different things. 32:18 A&A is on the benefit side, Veterans Benefit Administration. Frankly, everything we talk about here is the adjudicator of that. With the caretaker, that is on the VHA, the Veterans Health Administrators side. 32:31 I-I have seen some downright bizarre, uh, determinations by them. They don't really... 32:37 They, you know, we quote in here, I see all the time y'all looking at the M twenty-one, which is the manual for the VBA and the frontline adjudicators to make decisions. 32:46 If you look at that versus your decision, you can sometimes understand what's going on. We at least have a better roadmap, but for the VHA, I, you know, I kinda swear they're making this up as they go. 32:55 So if you have all those devices, I'm not worried about your A&A, and in fact, I'm appealing that decision because that, y-yeah, your gait is okay, but they need to look at your gait outside of the medical devices. 33:08 If the medical devices are the only thing keeping your gait okay, and those medical devices are things that you need help putting on, you need help keeping in shape, then you've got a good claim there, I think, for the caretakers. 33:25 Coolio. [clears throat] When filing multiple, multiple claims, does each claim have its own rater, or do all claims go through the same rater? Thank you. They should all go through the same rater. If a, [clears throat] 33:37 I'm just trying to think how this happened. Gentleman asked earlier about PTSD. It sounded like the PTSD claim was deferred, and there were several other claims that were denied up front. 33:47 I have seen, and there could be to where, um, if a claim is deferred and parsed out by itself, maybe that would be decided by a different rater. 33:55 But once a rater takes control of, uh, of a veteran's case, they should be taking control of all the claims. So the rule is one person should be doing it all. [clears throat] Randy, fun of a few. 34:12 I'm helping a vet who has three different disabilities, service-connected with, [burps] excuse me, a hundred percent and two different sets of service connection that add up to fifty. He's a hundred percent and SMCS. 34:22 One of the hundred percent disabilities is having a stroke and now is in a nursing home, can't complete daily activities of life. 34:30 Could we file for SMCL and increase due to Brady on the other service-connected disabilities? Yes, completely. I, I think this is great. 34:38 We focus the SMCL on the one disability and then look at the other ones to get him that higher rating. Go back real quick. I also wanna know what the symptoms of the stroke are. Can we base it on one of the symptoms? 34:55 Let's say he had a stroke, and he can no longer talk, or he had a stroke and he can't move the, uh, left part of his body, and he can't talk. Wh-what I'm trying to do here is see can we increase-- can we get ratings for, 35:08 uh, the resid-residuals of the stroke and get one residual, the A&A. 35:14 You know, if he can't move the right side of his body, let's get the A&A for that, and then show that he can't talk, or he's got significant cognitive impairment due to this as well, so that we're getting ratings over here, so we're, we're bumping up not just to L and a half, but, y-you know, any other fifty percent rating or a hundred percent rating on top of that, we're getting more and more bumpers. 35:33 So great idea, good thoughts here. Um, unfortunately, it looks like your vet's in, um, oh, world hurt here, but, but I like what you're thinking here, how to get, uh, this vet maximized on benefits. 35:49 Katie Knowles, uh, when filing out a twenty-six eighty for A&A on line eighteen, do I list VA disability conditions or other conditions not rated but diagnosed, such as chronic fatigue, bilateral knee, dizziness? 36:02 [clears throat] The... If you're looking to get those service-connected, then you can. If you have disabilities that are already service-connected and you feel that those in and of themselves, 36:16 um, uh, make you or, or help you meet the threshold of needing aid and attendance, I would stick with those, just a lot cleaner. 36:25 If they don't and you're looking to get the other issues service-connected, putting those down is a good thing because what you're doing, they're obviously not gonna get service-connected a-at A&A if you don't have the underlying issues for which you need the aid and attendance service-connected right away. 36:39 But what you are doing is preserving your effective date. 36:42 So you're saying, "Hey, look, chronic fatigue, bilateral knees, these cause me to need A&A."But you put that down, you've got that out there, and hopefully you also have an underlying claim for those issues. 36:55 Once those issues are granted, the A&A is granted, and it should go back to the earliest date of when you filed either one of those. [clears throat] The upward asset, 37:07 working with a law- another law firm and seemed to be getting a run around an SMCT claim, denied at RO, appealing to BVA direct. What timeline should I expect for review, legal arguments, and filing? 37:18 Uh, again, BVA direct, if you submit it within the year and waive that year, um, period, then you should get it back within a year. Um, if you don't, then it should be, I don't know, fourteen, sixteen months. 37:32 As far as, as far as your claim for SMCT, let's, let's just back up there. The VA does not like those claims. 37:38 They do not wanna pay a veteran ten thousand, ten five, I don't know, I think it might even be eleven thousand now a month. That's just, that's just... They, they wanna deny and see if you go away. 37:49 On top of that, it is a little more complex of a claim to understand how the TBI affects you and what, what it does that causes you to need aid and attendance and then frankly need the SMCT. 37:59 So those are not easy claims, um, you know, we deal with those all the time. Most of my attorneys are very versed in that, but, you know, it, it, that should be a pretty thorough, um, legal argument. 38:12 So it's not just some kind of boilerplate argument. Uh, so I would give that time is all I'm saying. 38:17 Uh, but if it's a BVA direct, waiving any, um, whatever that's called, uh, any whatever you call that, the three hundred and sixty-five day waiting period, it should be within the year you get the decision. 38:33 [clears throat] Marcus, awarded an SM... Excuse me, SM... A&A, excuse me, SMCL for TBI residuals in twenty twenty-three. Filed for SMCT and was denied because they stated I didn't need higher level of care. Wrong. 38:47 Should I refile the SMCT? Is that the question? Yes, yes. Refile it. Do two things. I'd refile it, fight till you get it, okay? And as I just said with the last question, they're gonna deny this. 39:04 If you look at this from the adjudicator's process, this, this is what's one of the things that's so screwed up about the VA. 39:09 If you award a claim that's gonna cause more than, uh, thirty thousand dollars in retro benefits, and again for SMCT, that's like three months, 39:18 you have to have not only your supervisor, but a second supervisor approve that claim, okay? 39:24 So, you know, you're the RO guy, you approve it, and then you gotta get, uh, your boss to approve it, and then somebody else, okay? That's a pain in the ass for them, and it makes it harder to grant. 39:35 It causes more friction. If the RO adjudicator just denies you, well, guess what? Nobody reviews that. It's just denied and sent back to you, and hopefully in their, in their view, you don't appeal. 39:44 So when it comes to this kind of decision, the easy track for them is to deny. So, um, what I would do is, yes, I would refile that. That is a lot of money. Uh, you know, SMCL with aid and attendance I think is 40:00 forty-five hundred, maybe it's five thousand. I don't think it's five thousand, and you're going from that to doubling it to ten five or eleven. So they wanna keep your money. 40:08 They don't wanna pay you if they don't have to. I would refile, and then once you get that granted, I would claim your effective date should go back to that twenty twenty-three case, okay? 40:19 And saying, "Nothing's changed here. Um, th-this is the same as it was, and that was Q." Q's a pain in the butt to claim. I hardly ever do it, but this to me is Q. 40:27 If you already had the SMCL back then and they, they said, no, uh, it's not, you know, it's not need, it's not high enough aid and attendance, we now know that that's wrong because of the Luska case. So yes, refile, 40:40 expect to be denied, keep fighting, um, and, and, you know, once you get those benefits, I'd take them back to twenty twenty-three. 40:48 You know, the-- I think Carol says that the- these are the cases we take and file all the time because we find the VA just as a rule just denies these. 40:58 They, they don't wanna pay out these kind of benefits, even though it's kind of black and white with TBI, you know, what, what, what and how they should be granted. But most of the time we have to go to the board. 41:07 Sometimes we even have to take these to the veterans court. You know, we just keep on fighting and, and, and if you know you deserve these benefits, which it looks like you do, I mean, [chuckles] 41:17 I'm reading two lines here and I'm thinking you deserve SMCT. Um, fight. You know, don't let them deny, delay, and frustrate you, and you go away. William, I have been a commercial pilot forty years now. 41:32 With regard to TDIU, if I'm unable to fly due to service-connected conditions, am I evaluated for flying only or any employment outside of flying? It's any employment outside of flying. 41:42 Um, I'm trying to think how you could creatively... Yeah. You know, even if they ground you and they give you another job, yeah, y-you gotta show it's outs-- you gotta-- it's not just that job. 41:55 You gotta show that you can't work, period, because of it. 41:58 Um, so I, you know, if you can do another job, if you're a commercial pilot, obviously you're, you're really smart and you have skills, and they're gonna say those skills would transfer to job X, Y, or Z. 42:10 So I don't think you're gonna be able to win that. Um, you know, it's worth a try. If, if for forty years that's all you've done and you feel like you don't have any other skills, then maybe that's something you do. 42:19 Or your other skills, uh, would still be precluded from being used because of the disability, then you have a, you have a shot there. City Nights, good to see you. 42:36 What do you think about using the exam request form when looking for errors in a, a high-level review and Q showing the examiner wasn't given all access to all of your files, like VA Capri, military personal records, private records?Again, this is- I love this, guys. 42:52 This is the kind of thing I'm looking for that y'all gotta be doing, okay? This is, this is great, um, 42:59 because there's what you put in as a claim, there's what you put in as evidence, and then there's what the adjudicator communicated to the doctor. 43:10 So y- b-backing up, a really good point he's making here is that the doctor does not automatically have, the C&P doc or nurse practitioner, whoever, does not automatically have access to your full file. 43:21 They only have access to what the adjudicator decides is relevant, okay? You can't typically see that on the C&P exam itself. 43:31 I mean, sometimes the doctor says, "I reviewed X, Y, and Z," but you would see that, as he-- now he's saying here, on the r- on the request for the exam because they should put, "Here's questions I have, one, two, three," and then attached is the medical evidence or the, you know, statements or whatever, military personnel records that I want you to review to make that. 43:50 If they didn't put everything in there, then that's an inadequate exam. Now, it's not cue. Very important there. Cue can never be a duty to assist error. 44:00 Inadequate exam due to inadequate request is a duty to assist error. So you need to argue this on a direct appeal, meaning within the, uh, three hundred and sixty-five days of the decision. But again, this is great. 44:12 This is the kind of thing you need to be looking at. Um, I would be arguing this in a higher level review saying, "Hey, the exam was inadequate. I, you know, they never looked at my service records. 44:21 The, the, the adjudicator underneath did not send my service records." So that, that's a pretty great angle there. Good job. Uh, yeah. Any doctor recommendations? Do you work with contractors? 44:35 We work with a lot of different contractors. Um, we, we, we have, uh, y-yeah, doctor, um, 44:43 yeah, doctors we form some relationships with, but I'd recommend looking online, putting in your disability and, um, you know, looking for a doctor who does IME's, and hopefully, you can find something there. 44:56 Uh, we're always looking for new doctors. Uh, it, it can be hard to find folks who do this, though. Yolanda, good to see you. Does total occupational and social impairment mean you are completely unable to work? 45:12 If a vet is a hundred percent P&T since twenty-twenty with PTSD at seventy, and in April twenty-five received an increase of PTSD to a hundred percent, so get SMCS for a hundred plus sixty. 45:28 They were told don't need housebound to continue receiving SMCS if they have not substantially improved. Is that accurate? They don't need housebound to continue receiving. 45:40 Okay, so SMCS is a special monthly compensation that's based on one of two things. One is just straight math. If you have a hundred percent or IU for one disability... Oh, I didn't read it all. Okay. 45:53 If they're receiving SMCS for PTSD, the decision letter says SMCS housebound versus, uh, a hundred percent and sixty percent. Okay, let me-- So I'm gonna finish what I was saying. I, I should have finished the question. 46:06 Um, if, if you-- if-- So qualify for SMCS, two-- one of two ways. There's the straight math, and then there's the housebound, okay? 46:14 Housebound is basically you do not leave your house except for the utter necessary things you need for existence. So, so like going to the grocery store, going to the doctor's, picking up your kids. 46:25 You know, there's no going to the bars. There's no going out to eat, that kind of thing, going to see friends. Um, that's housebound. 46:32 Also, if you are a hundred percent or IU for one disability and you have other disabilities that combine to sixty percent, then you, uh, you receive SMCS no matter what you're able to do. 46:42 So you can work with SMCS in that, in that capacity. Uh, so you don't need housebound if you have that math. Yeah, that is true. Um, so let's go, sorry, to the, to the next two. 46:55 Let me see, but make sure I didn't miss other questions here. Let me see. Let me see. Um, I-I-- 47:09 If you have the math, if you have the hundred percent and, and the other sixty, it doesn't matter if the person is housebound or not. 47:17 The total occupational and social impairment is a requirement for the, uh, for the hundred percent rating for the, um... Well, no, it's not that. Sorry, that, that's the, the IU that you were getting. 47:29 So you could-- this person could actually work if they're at a hundred percent PTSD and if they're at-- and/or if they're at SMCS because a hundred percent PTSD, it's not required that they don't work. 47:40 So I, I'm a little confused by the question. Frankly, it seems like the VA made this confusing, but the person does not need to be housebound at this point to get SMCS if they have the hundred plus the sixty. 47:52 Hopefully, that made it a little clearer. Jason Earhart, how you doing? If vet is a hundred percent P&T, why should they file for anything else? 48:02 [chuckles] Would it help with the spouse benefits if the vet dies before the ten-year rule, uh, D-DIC, et cetera? 48:08 So, you know, if Carol were here, she'd say, "Well, we'd wanna be applying if there's any special monthly compensation issues." 48:14 As much as she talks about those, as much as we talk about them here, they still are rare, special monthly comp, okay? A hundred percent is still the max that most vets are gonna be getting. 48:24 Now, anything else to apply for, I-- this is a great question, unfortunately, on a morbid angle. 48:30 The morbid angle being, if the spouse outlives the vet, aren't they gonna get, uh, the DIC benefits, the, the, the pension benefits, if you-- excuse me, the widow benefits, if you will, uh, for the vet's claim. So, 48:41 you know, if we're talking about applying for a scar, tinnitus, hearing loss, uh, you know, knee issue, I'm not gonna, I'm not gonna apply for those, okay? 48:49 But if the veteran has a cancer that's related to service, if the veteran has hypertension, if the veteran has diabetes, um, uh, the veteran has Parkinson's, MS, something-Catastrophic or something that in my eyes has the potential to lead to a veteran's demise, I'm gonna apply for this. 49:09 Even if, even if, you know, say hypertension, I apply for that, the, the rating's probably gonna be ten percent. Not gonna, not gonna do anything to the veteran's current rating. 49:18 However, as we've discussed, hypertension is what I call a gateway disease. It's a gateway to a stroke, hypertensive heart disease, diabetes, um, there are all kinds of things that it can cause that would lead to death. 49:29 So I would wanna get that service-connected, as Jason's saying, not necessarily for the vet to get benefits now, but if and when the vet dies, the spouse doesn't have to apply for, for, um, for a, uh, for DIC 49:46 f- on a, on a disability that had not been service-connected. 49:48 Because basically what she would have to do is first show that that hypertension, in our example, was service-connected, and then that the hypertension caused the death or was, uh, you know, completely or contributory in cause of death. 50:02 So it is one less thing, uh, for them to do. I would file for it, um, because I, I think about [clears throat] losing a spouse and just how, um, traumatic that is and just, you know, world-changing that is. 50:16 I, I like to put m-my clients' spouses in a kinda direct line, okay? 50:21 So it's like they died, all I gotta do is file this paper, and I don't have to go find all this paperwork showing that hypertension was related, we already did that. 50:29 So long in answer to your question, yes, that is something I would do if I thought that was what was gonna lead to the veteran's ultimate demise. Coolio again, "When filing secondary mental health, 50:44 should it be wise to allow file for increase from that direct service-connected disability as well?" Hmm, so we're talking about [clears throat] filing for the underlying disability. 50:55 Let's say you have a back disability, and the back disability causes depression, which is very common because backs can limit somebody so much physically that they aren't the person they used to be, and it causes them, frankly, to have a crisis of identity in, in who they are and what they are able to do. 51:12 Uh, you don't have to file an increase for that. L-Let's go with the example with the back, because if the back itself mechanically hasn't gotten worse, there's no need to do that. 51:21 You're filing for, you know, the secondary service connection with the, with the depression, and, and that's what you wanna focus on. Could the VA open up the underlying disability's rating and review it? Yeah. 51:33 They, they definitely could do that. Should they do that? No. But that could come on the table. 51:38 So from my vantage point, if you don't have, um, a belief that the, the underlying disability is increased, I wouldn't file for that. I'd just file for the secondary disability mental health here. 51:52 [sighs] "Any doctor recommendations in the DMV for war zone related to brain tumors?" DMV, uh, demilitarized zone is I think what we're talking about, um, in Korea. 52:08 Uh, I, I don't, um... sounds like you'd need some kind of, uh, gosh, s-some kind of, uh, e-either a cancer doctor or someone who understands etiology. Uh, yeah, DMZ, sorry. 52:26 I think that's what we're going for there. Um, I don't, I don't have a recommendation, but you need to have somebody who understands how toxins can, uh, cause something like a brain tumor. 52:37 Um, you know, that, uh, when, when we get cases like this where they're, you know, like we deal with a ton of mental health cases, so we have docs we use all the time, but for something like this, we would have to research a doctor and try to find one who, who is competent to do this, meaning they have the background, and then two, see if we can get them to do, uh, an exam. 53:02 Tim's Real Time Fishing, "Is blast overpressure a rating for TBI?" A rating would be the percentage, uh, percentage disability. I think we're talking about service connection. 53:18 Could that be a way to get you service-connected for TBI? The answer to me is yes, because, uh, you're talking blast, and then, and then, uh, significant pressure are concussive, and they would cause, uh, a TBI. 53:32 Once you get the ser- so that would be going to the service connection. 53:35 So once you get the V-the VA to concede that the TBI is service-connected, then you turn to the actual current dis-disability or current limitations that are caused by that, and you look to get those limitations rated. 53:48 [clears throat] Hollywood Sasquatch, "Any of those books in the background helpful to our cause?" That's funny. No. Uh, most of those books are kind of teaching me how to be a better, uh, better leader. 54:05 You know, they don't teach in law school how to, how to run a law firm, and so I'm always trying to figure out how to create, uh, the best culture I can to get people doing the best work they can. 54:14 So, um, I do a lot of self-learning on that, but nothing, nothing, [chuckles] nothing there on VA benefits themselves. That's a, that's a funny question. 54:24 Nolan Carl, "Hundred percent combined for spine issues plus seventy percent for mental health was denied SMCL request, but under supplemental claim. But favorable finding, they stated I require A&A. 54:38 So resubmitted supplemental claim with code references stating that it did not have a hundred percent single condition." Okay. "With favorable findings and previous denial was approved within thirty-six days." Awesome. 54:49 "Laugh out loud. I knew I could do that because I've heard that statement here before. Does not have to be combined service-connected issue." That's so great to see that. Um, again, guys, knowledge is power. 54:59 Unfortunately, you have to assume that-The VA does not understand your case as much as you do, and, and I love that, Nolan. Thank you for sharing that. 55:08 That is one of the most common things we see, that if a veteran doesn't have a hundred percent for one issue, there's no way they could get A&A. Not the law, not the case at all. So great to see that there. 55:18 Um, and again, the fact that you just appealed, I love that. Thirty-six days later, you get the rating you should deserve. I hope everybody sees this because just because the VA says no, uh, you know, so what? 55:30 You know, if you believe it's service-connected, if you've looked at the law, you've looked at your... 55:34 the medicine, you obviously know what you went through, and you believe it's service-connected, you just keep fighting, okay? Because no is frankly one of their best defenses that we see. 55:43 You know, if they can get you to go away, they keep your money. Now I'll go back to the first part because if Carol, you know, she'd shoot me if I didn't bring this up. Um, let's-- I j- just want you to think about this. 55:57 What was the, what was the main thing that was causing the A&A? 56:01 If we can parse this out, if, if, um, you know, the spine issues themselves caused this, then we wanna use the seventy percent to get you a bump through Barry, um, up to L and a half. 56:12 Um, if, if the spine issues caused you to need A&A but then so did the mental health, because with mental health, we got things like you forget where you are, uh, you forget to take your medicine, you know, you could leave s- the stove on, you could be a danger to yourself, um, maybe we could get A&A for both, and that bumps you up to SMCO with one A&A. 56:32 That then bumps you to R one. So there's ways for you to get higher here. So I love what you've already done. 56:38 I'm ho- I'm ho- I'm thinking you're probably already thinking what we are because, you know, Carol knocks this home every single time as far as how to keep on building on your S and C. 56:46 But again, the main point here is good for you. You didn't listen to them. You knew the law and how it applied to your case, and you, and you made them apply it. 56:54 [clears throat] CJ seventy-five seventy-five, "Submitted A&A, but VA denied because I didn't have a single hundred percent rating." Here we go again. "But found that I required A&A under favorable findings." 57:08 It's not the same thing. "I submitted high-level reviewed A&A and again was denied. Should I go to BVA?" Yes, you should. Uh, I, I mean, we just saw it in the person before. 57:19 And guys, this is one of the things that's so utterly frustrating, okay? Nolan's case, he knew he was right. He went to A&A... Excuse me. He went to HLR, got it right right away. Okay? Boom. He's done. 57:32 He gets those benefits. Mr. CJ here, unfortunately, knew his rights, doesn't have to be a single hundred percent. A&A's just based on a service-connected rating. Went to HLR. 57:42 That person unfortunately didn't know the law either. So yeah, you gotta keep fighting. I mean, this, this is what we do. Like, we, we talk a lot about the SMCTs. Sometimes those are granted by the RO. 57:51 It's just such a crap shoot, okay? This is, uh, this is frustrating to say the least. But at the end of the day, these are your benefits. 58:01 And, and in a case like this, the only thing they can do is deny you to see if you go away so they can keep your money. But yeah, you gotta keep fighting. 58:07 I would go BVA direct, and I would waive the year-long waiting period, and hopefully you get a decision within six months. But this is, you know, this is them not understanding the law, unfortunately. 58:22 Kerry, "Can I receive SMCL for back issues? I have a hundred percent P&T with forty percent lumbar sacral strain with osteotype, osteophyte vertebrae." Yeah. 58:35 Y- y- I mean, f- first of all, forty percent rating for back, uh, to me is typically, uh, productive of unemployability in and of itself. 58:44 They so rarely give a forty percent rating, the VA that is, is that when I see it, I, I, I'm seeing significant issues with a veteran's back. So you can, um... I guess I'm try- I g- maybe, maybe I should back up here. 58:59 A hundred percent P&T, I, I guess that's combined, and part of that combo is the forty percent back. So I would apply for just the back. 59:05 If you, if you had issues of, uh, activities of daily living, then I would look to see what issues the, the back causes on that. 59:14 Say, you know, you can't get dressed, you can't take a shower, um, you have trouble getting around, all those kind of things. If you can show that due to just the back, you get the A&A there. 59:23 As we've talked about in the last two questions, the back does not have to be a hundred percent by itself. 59:27 You get that A&A SMCL, and then we're taking these other issues, which you pro- I would imagine you had at least two issues at fifty percent for it all to combine to a hundred percent. 59:37 Um, you know, so you get a half step for one, half step for the other, and you keep on going up. It's a great question. All right, let's take two more. 59:46 Oh, Varick, "I was found wrongfully discharged with two Gulf War tours. Just filed my first disability claim after two thousand thirteen and two thousand fifteen. Character of discharge, failed Qs. What should I do? 59:59 Wrongful discharge, no three with- from PTSD, nine years honorable, eight months other than dis- dis- dishonorable, other than honorable discharge." Uh, you gotta fight that first. Uh, you can fight it one of two ways. 1:00:12 You can go to the military, um, it's like board of upgrade, upgrade board, uh, uh, discharge upgrade board. I prefer to fight it through the VA, and you're asking for an administrative decision on the discharge. 1:00:25 And what you-- what I would be looking to show, especially at PTSD, is that the PTSD caused you to do whatever, um, the other than... led to the other than honorable discharge. 1:00:35 The other thing you can do is look to see that you were legally insane at the time that whatever event caused the, uh, dishonorable discharge. So legally insane is basically you're acting not as you normally would. 1:00:47 Um, that, that's... those are the two options I'd look for. We almost always go... frankly, we do al- always go through the, uh, uh, administrative process in the VA. I think that's faster, and it's more direct. 1:01:00 Last one, S. Lorenza, "I have two issues on my closed claim that says conceded. 1:01:06 What should I do next?"I, I, I would need more information there, um, because issues could be conceded that something happened in service, or it's conceded that you have a, um, you have a current disability. 1:01:21 If we're talking about, excuse me, service connection there, then, then what I'm doing, you know, we gotta show something happened in service, current claim and a current disability and a nexus between the two. 1:01:35 Let's say that they conceded, um, that there was-- you said two issues. Let's, let's say they conceded something happened in service and they conceded that you have a current disability. 1:01:43 Well, then to me, I'm focusing on the third, that nexus. Did they obviously did not concede that. Well, what is, what is missing there? 1:01:50 The whole, um, focus of my, my ap-appeal claims or my new supplemental claim is gonna be what is-- what did they say was missing? Do I need a new medical exam? 1:01:58 Do I need to give more evidence to that medical examiner so that they can make proper determination? So if they concede two of those issues, what that basically tells you is you no longer have to focus on those. 1:02:09 Those are given. Now focus on the last element to, to get that service-connected disability. All right, folks. That was a lot of talking for me. 1:02:18 I think I'm gonna go sit quietly in a corner, and it's dark, for a little while to see if I can get my voice back. Uh, but again, appreciate all your questions. 1:02:25 Again, the insight that you guys have to your claims i-is just, uh, it's just so hopeful to me because, you know, I see you guys fighting for your claims, understanding that you're your best advocate. 1:02:37 Um, for all those cases that are, are wrongfully denied, remember, their best strategy is just to frustrate you and get you to go away, keep your money, and I don't see that happening here. 1:02:46 I see you guys fighting for the claims and the disabilities you deserve. So kudos to you all. Until next week, um, have a great week, be safe, and we'll see you again on this space. [outro jingle]
