Transcript 0:00 [upbeat music] Welcome to the Hill and Ponton, uh, Q&A on VA benefits. 0:32 Um, I think we have a new name, that I just screwed that up. That intro was awesome. It's the first time I've seen that. I gotta tell you, Nate and Benji behind the scenes, they do some fun, creative work. 0:42 All right, so I'm Matt Hill. Oh, Tactical Claims with Hill and Ponton. 0:46 Oh, man, I am gonna get, uh, I'm gonna get a demerit afterwards for this, but the, but the new name of the show is Tactical Claims with Hill and Ponton. 0:53 In addition to answering questions, we're just gonna have a, an aside or two. Since it's just me today, we'll just have my aside. 0:58 I've got a, I've got a great, uh, class action case I'm gonna report on that could help lots of you guys. 1:05 Um, it's a case that could affect up to sixty-four thousand vets on, on filings the VA just conveniently, uh, put in the closet and never handled. We'll get to that a little later. 1:16 But first, I just wanna go ahead and open it up to, to questions and get this started. All right, Mr. Fresh Edition, part one. 1:27 "Carol and Matt, Darwin of Tampa, November twenty, grant PTSD seventy percent TDIU permanent total." Okay. "August twenty-five, grant SMCL ADLs PTSD. 1:41 September twenty-five, increase to L and a half with the migraines denied. October twenty-fifth, VA issued discontinuance of SMCL/Q. No scheduler," oh, da, da, da. "No schedule a hundred percent. 1:57 I appealed and requested hearing to maintain SMCL until case is adjudicated, citing misapplication of the M twenty-one, less than a hundred percent scheduler and in need of A&A. 2:09 February, award a hundred percent hypertensive heart. Uh, six of April '26, award a hundred percent Meniere's disease with retrodated, uh, July first '25. 2:19 I wanna avoid hearing and VA grouping all my conditions to justify SMCL. Best strategy to R1, Berry v. McDonald path or two SMCL claims, hypertensive heart, Meniere's 2:34 with hearing loss and tinnitus, lumbosac- sacral, uh, spine sixty percent with radiculopathy, migraines fifty, OSA fifty, uh, diabetes twenty, and," let's see, uh, "hypertension zero." All right. 2:52 Sir, we got some serious questions here. First of all, hope everybody's watching. He just did a hell of a job on his claim, maximizing benefits. He knows the law, unfortunately. Well, I say unfortunately, 3:04 better than the VA, unfortunately, because the VA's paid to know this. Let's go back to the second part, I think it was. Um, here's the thing. He understands this, and they don't. 3:15 You do not need scheduler a hundred percent to get aid and attendance. 3:21 If he can show that through his seventy percent for PTSD alone, he needs aid and attendance because he gets lost, he leaves the stove on, he doesn't take his medication, whatever it is, he, he apparently proved that. 3:33 The VA's not trying to take away aid and attendance because he didn't prove that he needed assistance in activities of daily living. They're saying, "Oh, he wasn't a hundred percent." Completely false. 3:41 Great job there appealing that. Um, so th- so that's, that's that. Let's go to the second or third part. [clears throat] [clicks tongue] Okay. I see what you're saying on wanting to avoid that hearing. 3:58 My thought is you've already received SMCL for the substantive, substantive reason of needing, um, attendance with your a- your ADLs, your act day- activities of daily living. 4:13 So, I don't think they can take it away or smush it together for you on that part, because the only reason they took it away is they said, "Oh, you weren't a hundred percent." 4:21 They didn't, they didn't deny the fact that you needed, you needed help on that. So I don't, 4:26 I don't think you can avoid this hearing for the simple fact that if they reduce you, and you've asked them to continue giving you that benefit, they might try to recoup that. 4:37 So I would still have that hearing personally, because I don't want them to go back retroactively and say, "Okay, you didn't have this hearing. We are gonna finalize this reduction, 4:46 and we are now gonna take those benefits back." That's, that's kind of my thought there. Uh, all right. So let's go on to the next one. So this is the interesting thing. How do you get to R1? 4:58 [sniffs] The most straightforward path to me for R1 is, uh, is if-- Well, maybe that's not straightforward. 5:06 If any of these, like the heart disease, causes you to need, um, aid and attendance or even the, the, the spine, a sixty percent rating for the spine honestly is a pretty rare rating. 5:18 I rarely see that because the VA-- I mean, hell, I rarely see a forty percent rating. A forty percent rating to me is very disabled. 5:24 So I'd be looking at that for an SMCL due to aid and attendance, um, the spine plus the radiculopathy you have there. I, I'd wonder if th- how much that limits you. 5:36 If you can get SMCL on that, as you said, two SMCLs with at least one being a, uh, need for aid and attendance, boom, you get straight to R1 through O. That to me is the most direct. 5:47 Now you're gonna have to have me do some math here, which is always dangerous. Okay, so let's say your SMCL, um, for just the PTSD, so we get right to M with the hypertension because that's a hundred percent full bump. 6:02 We get right to-Uh, in then with the next bump of Meniere's disease, oh, wait a minute, then we can get up to N and a half through any one of those. Uh, I mean, I mean, so let's count. 6:16 So lumbar spicules, N and half, migraines is O. You can't go past O on that. 6:22 However, there is a little-known rule that if you get to N and a half, you have aid and attendance already, and you have an SMC-K, then you get bumped right to R one. 6:36 So looking at what you have here, you actually already have all that laid out. So I take it back. We don't need an SMCL, a, uh, another SMCL here if you have all this. Um, so you, you got it all there. 6:48 Now, the question is, is the regional office going to get this? No, they're gonna screw this up. But, um, you, you, you clearly understand the law. You know where to look. 7:00 So look in the M twenty-one, uh, dash one and see what it says about N and a half plus SMC-K. [clears throat] And I think, I think you have to have one, uh, SMCL that is based on, um, sorry, based on aid and attendance. 7:17 That gets you a bump right to R one. That to me is the most straightforward because you already have granted everything there. Is it gonna be straightforward to the VA? No, 'cause they just, they're gonna screw this up. 7:28 But the fact that you understand how to research this and to look into their own, um, own procedural manual and regs, I, I, I like where you are there. I would appeal this directly to the board if you can. 7:40 There's no need for new evidence here because this is just how, how to combine ratings, uh, so they should get that. But again, guys, hope you're looking at this. This is great work he did here. 7:52 Um, this is not easy, uh, but he took the time to understand how the law applies to his claims. 7:58 And we're talking about the difference between, you know, uh, he gets-- So, so let's say he continues at SMCL, that's like maybe four and a half thousand dollars a month. 8:09 Um, but he's identified that he can get all the way up to R one, which is nine and a half, if not ten thousand dollars a month. So massive gap there, and the VA would rather keep that money than give it to him. 8:20 So kudos to you. Please let us know how that goes. Um, I think you got a great claim here. [clears throat] Chris, good to see you. One of three, follow-up from last week, tactical teachings, BVA. 8:32 I have two aid and attendance form filled out by two separate doctors and mental health by psych and migraines by MD. VA cited both under evidence and then ignored aid and attendance denial- denied housebound. 8:45 Can I appeal the service connection rating effective date to the BVA if I waive right to remand? Can BVA grant in full? Yes. Oh, sorry. 8:53 Assuming I'm correct on these claims, have been open and pending since '09, two times SMCLs with aid and attendance is R one. Yes. I wanna do everything in my power to keep VA from stalling. 9:05 How long are you seeing direct take? All right. Go back to the second part. Let's get to this. [clears throat] Um, I'm seeing a lot of this, guys. This is kind of a bigger point. 9:16 [chuckles] We submit outside medical exams when we need them. The VA will sometimes list it as evidence, sometimes they won't, but we can check in their system, VBMS system, and see that they received it. 9:28 And they'll deny on a rating decision and not list the evidence, um, in a way that should-- what, what they're trying to do is prevent you from going higher-level review or BVA direct just by saying, "Hey, the evidence wasn't there," but the evidence is there and, and you can do both those things. 9:44 So it's really important when you get a rating decision to make sure the evidence that you submitted is listed there. 9:51 If it's not, you wanna see if you can verify that it's in the VA, uh, online system by either looking in yourself or seeing if you have a receipt that should have been there. Okay, so can you appeal? Yes. 10:03 Appeal directly to the board. Um, you can waive a right, right to remand, but it's... Unfortunately, they get to decide whether you do that or not. So you, uh, you know, unfortunately, um, there's no-- 10:17 you can't make them. Let's put it that way. But yeah, you want BVA direct, and then let's go to the last part. I am seeing, um, I am seeing that these directs are taking less than a year. Sorry. 10:30 What you do wanna do is the, mm, Williams waiver, I believe. You wanna waive the year. 10:35 You wanna waive the fact that they have a year to decide this or a year that you have the option to pushing your appeal, appeal into a separate lane at the board. 10:44 So if you waive that, I'm seeing these cases take less than a year. Um, a-and, and then as far as what they'll decide, they-- so the BVA decides the most upstream issue first. 10:57 So if the, if the first issue is service connection, they're gonna decide that and nothing else. You already have service connection here, so what they're gonna decide is what your full rating should be. 11:07 They probably will remand it back to the regional office to determine what the date should be. So you might not be able to get both those there. This is, this is, this is a massive retro, though, okay? 11:20 So the fact is you need to be very aware of whether they're gonna try to cut off your benefits back to '09. If they do, this to me is an appeal to the, uh, CAVC because, uh, you only get one shot at this. 11:35 You know, I, I don't even know how much that is. Uh, like, I don't know what your basis is, but, you know, y-you're looking at, um, I'd say half a million dollars at least on, on retro benefits, if not more. 11:46 So, you know, just know that you only get one shot. If you do get a denial, make sure you take that to the court. And yes, you do want an attorney for, for a court appeals work. Um, so what I would expect, 11:58 if you put in the Williams waiver, they should make the decision, the board, on a direct review within ten months. 12:04 Um, they probably will just decideWhat your SMC level is gonna be, and then remand the actual, um, uh, the, the actual date, the effective date back to the, to the RO. 12:16 If they do decide both of those, well, we'll, we'll just say this. If they decide the SMC and they get that wrong, you need to appeal that right away to the, uh, CBC. 12:24 If they decide both of them, SMC and the, uh, the date, if they get either of those wrong, that needs to be ap-be appealed right, right away to the CBC, the veterans court, um, 'cause, 'cause otherwise, you know, that, that will foreclose your effective date issue, and you won't have an ability to open it again. 12:42 So this is great stuff. I think you appreciate how important this is. And yeah, VA Direct's gonna be the fastest way you get, get your benefits. [clears throat] xJarhead, uh, five seventy. 12:57 "A prostate cancer, I'm trying to connect it to exposure to C," I, I call it TCE 'cause I can never say these damn chemical names. "I have a letter from VA Regional Lincoln, Nebraska, that prostate cancer is in a case, 13:10 uh, in that case was, uh, uh, RT," I'm gonna say due to, uh, "the trichlo exposure. Waiting for high-level review. 13:22 I did submit the letter with my initial filing, approved cancer and exposure based on time and service and location. Anything else I need to do for my HLR?" All right. Go back to that first part. 13:36 "I have a letter from VA Regional Office that the prostate cancer in that case..." Um, uh, it kinda seems like you're, you're, you're using somebody else's case here. 13:49 If this is your case, then yeah, it's straightforward. You, you know, if, if they've conceded exposure and they concede that it, that it causes that, then, then that's easy. 13:57 Um, if it's somebody else's case, they can always say the facts and the circumstances of each case is different, and therefore, the other case is not binding on this one. It's, it's a bunch of nonsense. 14:08 Um, but you're probably gonna need an outside medical exam to, to basically verify that [clears throat] your situation is the same, and that's what the causal connection is. 14:18 I highly doubt they would, they would, um, grant it based on, on the grant of somebody else. All right. "Wanted to service-connected bilateral feet with plantar fasciitis ten percent twenty-- October twenty-four. 14:31 March twenty-sixth, I had right calf tear, now in PT. Could this be secondary to my foot condition due to gait strain?" Absolutely. Or is it ty-typical-- no. The, um, [sighs] thing I see in orthopedic issues is 14:46 it-- unfortunately, they just, you know, one bone's connected to the next, which is connected to the next, and your body is a master at compensating for deficits in, in one area, and so it tries to pick them up in other areas. 14:59 So yeah, I, I, um, I totally think this is related. Now, I'm not a doctor, even though I slept at a Holiday Inn last night, and that play went on TV. 15:08 Uh, VA is not gonna accept me or you giving an opinion that it's related. You're gonna need to get a doctor to say it. 15:15 If you don't have the ability to get a doctor, you know, have contact with a doctor, what you can do is just do simple research on Google or Gemini and say, "Hey, can a calf tear be secondary to a foot condition?" 15:27 Once you find that research, you submit it, and basically what you're doing is you're forcing their hand to have one of their doctors review it and give you a C&P exam. Another step, twenty-five. Good to see you. 15:41 "I have an effective date of August tenth, twenty-two for rhinitis that was filed under PACT Act, but my rhi-my rhinitis was addressed as part of my original twenty thirteen claim and was supported 15:54 on record during my C&P exam but not adjudicated at the time. Can I claim an effective date to be based on the original pending claim and not the later PACT Act?" Yes, you can. 16:03 This is something I saw again and again with the PACT Act that just made me infuriated. 16:08 Uh, Blue Water claims, um, Thailand claims in particular are ones I saw where we had files pending at the board, where it was fully briefed. 16:17 We had actual IMEs, uh, proving the case, and then the PACT Act comes in, and it made it presumptive for all those cases. Now, 16:26 the presumptive case makes it to where the service connection is granted as of the date of the PACT Act, or sometimes it's a year before, depending. 16:34 Um, but that doesn't take away the fact that there was a prior case proving direct service connection. The VA just tried to make all that stuff go away. 16:42 So if this claim is still pending back to thirteen, then yeah, you need to keep on it. And the VA, especially the regional office, is gonna confuse it. They're gonna say, "Oh, no, we granted this under the PACT Act. 16:51 We don't need to look back at the, the two thousand and thirteen." They do, and they, they're gonna screw that up because, again, that's big money going into your pocket that they would rather just keep. 17:00 Great, great, great catch there, no step. [clears throat] Find your focus. My God, if you can find yours, please help me find mine because I am always doing eighteen things at once. 17:15 "March tenth, received a rating decision denying SMC-L for aid and attendance solely due to PTSD. On March eleventh, I filed a CAR because the adjudicator added nearly all my other physical conditions. 17:25 [chuckles] On April Fool's Day, I received a rating decision granting L1 ANA solely due to PTSD, entitlement to additional SMC steps based on various established with five half-steps." Wow. 17:39 "That included P1 asthma/sleep apnea, P1, uh, migraines, pl-pes planus, urinary incontinence, bilateral knees, hips, ankles, many years at thirty. On April sixth, I received a direct deposit for over seventy-six K. 17:57 I guess I wasn't being fooled after all." Hey, congratulations on that. Wow. That is awesome. Um, five half-steps equals... Oh, man, I'm so bad at this. So, uhFifty-fifty is one, so that's M. 18:10 Another half step is M and half, N, N and a half. Okay, if you can get an S... Go, go back for me. Let me see what he's searching for. Asthma, migraines, plus urinary incontinence. Um, okay. 18:28 We need to find a K in there for you, okay? 18:30 'Cause you're at N and a half, and if we can show that you have loss of use of an organ, I'm thinking, uh, prostate, or if you have erectile dysfunction, that's, that's one there. 18:41 If we can get that service-connected and get you SMC(K), we go from N and a half to R1. So what you've done is awesome, but I think they owe you more benefits if you can show that. All right. 18:57 Cassandra, left shoulder twenty percent after conservative measures failed, orthopedics determined both shoulders require full replacement. My non-service-connected right shoulder is a progression of my 19:12 left shoulder service-connected. Will VA get a medical opinion to connect the second? What rating will I receive after surgery and for how long? Will SMC rates apply? Thank you. 19:22 So again, this goes back to what we were just talking about with the fellow with the foot and the calf issue. If you have one shoulder that's gone out, you know, I, I-- it just makes sense, right? 19:32 If you, if you can't use your, your left arm because your shoulder's out, you're gonna use your right arm, and unfortunately, you're gonna overdo it. So I think, yes, that could be service-connected. 19:42 Will they get the medical opinion? You know, they should. I don't know if they will. I would submit with your claim for the secondary shoulder, um, 19:52 just some kind of article saying when one shoulder gets thrown out, the other rotator cuff or shoulder is likely to get, uh, burned out as well. 20:00 Um, as far as this, uh, a lot of times what they do for any convalescence surgery, which I think this would require, it'll be a hundred percent for anything over twenty-one days. Um, 20:11 SMC rates would apply if you already have service connections. If you already have a hundred percent, they give you another hundred percent, then that's, uh, SMCS. 20:18 If you were to need aid and attendance, which if you had both shoulders done at the same time, you clearly would need that. Uh, I would put in for that because they're not gonna automatically do that. 20:27 But, but yeah, you could have rates, but it all depends on what your base rate is right now. All right. 20:35 Michael, denied SHA grant with a hundred percent P&T for asthma and COPD, um, uh, service-connected by way of Terra, desert storm vet who worked one year standing right next to burn pits, breathing heat and chemicals. 20:51 Is it time for BVA? Uh, denied SHA with forty percent left foot drop with loss of use, a hundred percent diabetes, thirty percent neuropathy in both legs. 21:01 All conditions P&T with issues, cane, and left leg brace need to move around. Maybe BVA. Yeah. 21:08 Uh, if, if, and then if you don't have any more evidence to submit, it looks like you have pretty high ratings for this, then, then yeah, I'm doing BVA direct, Williams Raver- Waiver saying, you know, don't take the full year, and hopefully you get a decision within a year. 21:21 If you do have more evidence to submit, this is where it's kind of tactically tricky. 21:27 I typically like to do a supplemental claim and get a denial because, because you're looking at from the regional office, you know, I'm seeing sixty days and under. 21:36 You get that denial, you have all the evidence in there you need, then you go BVA direct. The other option is to go BVA evidence lane. Um, in-house, we've been seeing that take about eighteen months. 21:46 So e-even though the first part, first option is a two-step, supplemental denial, then BVA direct, you're still gonna get your benefits faster that way. Yolanda, good to see you. On... Oh, we got a four-parter. 22:04 All right. Let's see how we do. On HLR, VA increased my ITP from zero to seventy, should be a hundred. 22:11 Sent personal statement pointing out hospitalizations and discrepancy, but haven't heard anything and all claims showing closed. 22:20 SC psoriasis caused by systematic inflammation which causes loss of function in hands, et cetera. One day can cut food, next can't. One day can hook bra, next can't. Slowly losing ADLs. 22:32 Bilateral numbness, hands, feet, toes. Would this be A&A? Yeah. Steroid shots help with pain, but not numbness. 22:40 VA denied my cervical, um, degenerated disc, bilateral radiculopathy, saying not Terra, no basis in evidence record. Linked to service, but not medically diagnosed within a year. 22:53 Claim issue became manifest degree ten percent after service. How do I address this? Um, hold on. Linked to service, but not medically diagnosed within a year. Okay. Uh, let's go back to the first part. Okay. 23:11 So, um, for the personal statement pointing out hospitalizations and discrepancy, so there, there's a fine line between what is argument and what is new evidence, and personal statements can blur that a lot. 23:26 So I'm wondering here if, if that was more evidence, meaning it wasn't-- the hospitalizations and discrepancies weren't discussed or, or even part of the original claim or supplemental claim you put in, and then you asked for HLR, they're gonna say, "Well, no new evidence." 23:40 And even if they don't say no new evidence, that could be implied in their denial. Um, so that's something I, I would look at and maybe consider filing a supplemental resubmitting that statement. 23:52 Let's go to the second part here. Okay. Th-this is, this is clear loss of use to me on the hands, okay? Um, you know, activities of daily living, you don't have to show that you need daily help with those. 24:09 You need to show that you need regular help. 24:11 So if you can cut food one day and can't the next, or you can cut one, you know, cut food and, and, you know-Four days in a row with one of seven or one of, or, you know, three of seven, you cannot. 24:22 That to me is loss of use of the hands, and that's, um... Let me back up. Even if that's not loss of use of hands, that's, that requires a need for aid and attendance. 24:32 So I would be filing a claim for the hands for both lo-loss of use. If you get bilateral loss of use, that's SMCM, and, uh, need for aid and attendance. 24:42 Because even if it doesn't rise to the level of loss of use, meaning that you still have some use, it's more useful than a prosthetic, I think you do have a valid claim for SMCL due to, uh, aid and attendance there. 24:53 All right, so go to the next one. Yeah. So, a-and again, with the aid and attendance, I don't want them-- I don't want to let them be lazy. I, I want, uh, a couple of claims here. 25:06 If you have bilateral problems with your, your feet, and we can show that you need aid and attendance because of that, then we have separate, uh, aid and attendance claims, okay? 25:16 We got one for the hands and one for the feet. And if we get aid and attendance for both those, bam, we're up to R one just on that. Uh, so that-that's one where, um, 25:26 I'd, I'd separate those out so they don't, they don't put them together and, and basically cap you, uh, at a lower level SMC. Uh, as far as the cervical spine, is that... I'm sorry, go to the last part here. 25:42 I don't quite understand what that means, linked to service but no medical diagnosis within one year. You don't need a medical diagnosis with one year. 25:49 If you have a problem in service, a current diagnosis in a nexus, a link between them, that is a claim, a direct claim for service connection. 25:58 One thing the VA screws up that I see is they say that you need a diagnosis of something in service. Not true. That's not how it works. You need a manifestation of a dis-disability. So you need a current diagnosis. 26:11 If you aren't currently diagnosed, then, then you can't get benefits. But you don't need a diagnosis in service. Good luck on this. You got a lot going on here. 26:19 And, um, you know, it looks to me like there's a lot of benefits on the table that they owe you. [chuckles] Effin-- FGN, excuse me. Um, one hundred percent for Parkinson's is SMCS. 26:36 There are additional ratings totaling one hundred percent. If I apply and was granted A&A, how far up the ladder would I go? 26:42 Okay, again, if, if you have other ratings, and again, they don't have to total one hundred percent. They just-- You just have to show that those ratings cause the need for, need for aid and attendance. 26:52 Um, my camera is not clear right now. Uh-oh. Um, and if you get aid and attendance for those and you have SMCS, you don't go up the ladder. 27:07 Um, we need aid and attendance for two different things, for the Parkinson's and whatever, uh, other issues you have. Otherwise, if we get SMC-L for one issue, then we're looking at berry bumps. 27:19 So your first berry bump would be a hundred percent for Parkinson's, um, and then anything else fifty or greater, you'd get a half step for. So, uh, 27:30 um, I would look to be seeing if, if the Parkinson's can be, uh, aid and attendance in of itself. I mean, it is such a devastating disease. 27:38 We, we handle tons of Parkinson's cases, and if it's manifesting itself, uh, the least we're typically getting is SMCL. Kerry, thank you guys for all you do. Giving out free advice. I filed for SMCL. 27:56 It was denied due to the doctor adding something I wasn't service-connected for. Can I refile for a high-level review? Ugh. So refiling would not be what you do here. 28:04 High-level review would just be you saying, um, "Review the evidence that's already s- has been submitted." I think you need, uh, you need to refile, but in a way, you need medical evidence here. 28:19 If you go back to the doctor and say, "Okay, I appreciate that you put that I need higher..." Or excuse me, "I need, uh, aid and attendance for, um, all of these things, including my non-service-connected disability, 28:30 uh, but can you say that just, just due to my service-connected disability," you want something like that because, you know, both things can be true, right? 28:38 You might need aid and attendance for everything, but even if you break something out, a non-service-connected disability, you probably still need it for this, okay? 28:45 So we need evidence to that because the VA is not going to grant if they see a non-service-connected issue in there on higher-level review. So what you need is that new evidence, and then you file a supplemental claim. 28:58 Good luck to you there. Moji. Hi, I'm a hundred percent, uh, degenerative disc disease, ra-radiculopathy, and others that put me in SMCL, aid and attendance. 29:10 I just got MRIs back with pelvic hip lateral tear, ugh, growing tear, chronic migraines, all new. Wow. Worth going after for SMC on half or M. Uh, man, those are... Yeah, I, I think so because 29:28 the migraine, yeah, I, I think all of those could get you at least SMC on half. Um, so I, I would go for that. Labrum tears can be repaired, um, so that could get better. To me, chronic migraines, 29:41 you know, unfortunately, those typically do not go away. Uh, so I think you probably should get service-connected. I'd like to think, 29:49 you know, if you get thirties across the board, I guess that gives you just a half bump, but there's a chance to get up to M. So I, I would do that. [clears throat] Henry, good to see you. Hello. 30:02 I filed for high-level review for effective dates. Will they call you or just correct the dates, and how quickly are you going-- are they going these days? Thank you for everything you do. Okay. 30:10 So if you ask for a hearing, then they're supposed to call you. 30:15 You know, you'd figure they'd call you between nine to five during the w-work week, but a lot of times they'll call you six o'clock on a Saturday and say, "Oh, that wasn't there." 30:22 Um, if it's an effective date issue, you know, a lot of times the-The file explains itself on that, meaning like you filed on X date, you appeal on Y date, and they just give it to you on Y date. Well, 30:35 most of these people can figure out the fact that, that, that there was a continue- continuous appeal going back to X, and they'll grant that for you. Um, 30:43 if you didn't ask for a call that should be decided quicker, uh, uh, the turnaround time-- Guys, I gotta tell you, I've been doing this for, geez, going on twenty years now. 30:53 The turnaround times I'm seeing right now at the RO are, are fantastic. I mean, I'm seeing anything from thirty days to, to ninety days, so I think you should be getting this rather quickly. 31:05 [upbeat music] All right, this is the tactical teaching moment that is part of our new tactical claims videos. Yeah, you guys get that? It's one or the other. 31:23 Guys, got a huge case for everybody here that I want you guys to think about and want you guys here are gonna need to look into your file score, and I really, really would like it if you could tell other vets about, okay? 31:35 There was a lawsuit filed at the Court of Appeals for Veterans Claims called the Frund, probably mis-mispronouncing that, um, where the VA basically where, where the court has found [clears throat] 31:47 that for a period of thirty-five years, from December nineteen ninety to February twenty twenty-five, the VA was illegally, 31:57 well, I mean unlawfully, whatever word we wanna use there, um, closing claims, meaning veterans had filed a claim, been denied, and then they filed an appeal. 32:09 And the VA had the-- It's kind of complicated, but in their Bay Call system, they had this, um, agent that would sweep and see if anything had been sitting there that should be closed because there was no appeal filed. 32:22 And what they were doing is they were closing these appeals when the paperwork had been in transit and not associated with the file. So they have conceded already twenty-eight thousand files were illegally closed. 32:35 There is another forty-five thou- excuse me, another sixty-four thousand that they are looking at. Okay? So this is something-- this is huge because what they're gonna do is reopen these claims. 32:48 They are supposed to send out a letter to you saying, "Hey, we've reviewed your claim. We found that there was a, um..." You know, they're not gonna call it illegal. 32:56 They're gonna say, "We, um, mistakenly, um, uh, filed this claim as dormant when it shouldn't have been." Okay? 33:03 You see this, this is big because this is, this is reopening an earlier claim that can give you effective date going way, way back. Why is that important? First and foremost, that's more money in your pocket, okay? 33:15 Earlier effective date means that you get more money going back on retro. Secondly, we're talking about this going back so far, what I like about this is that we could get, um, we could get a protected status. 33:27 Remember, any rating that goes back twenty years is protected. Any service connection that goes back ten years is protected, okay? And why is that important? 33:38 As y'all been saying and we've been seeing, the VA is trying to save money left and right, and they're coming after people trying to get their benefits by either reducing them or severing them. 33:47 Once you hit those marks, ten years for service connection, twenty for rating, they can't touch it unless they can prove fraud. 33:55 So, you should be receiving a letter, hopefully, if, if this applies to you, you should be receiving a letter within, you know, they're, they're saying the next, uh, within the year showing that this happened. 34:07 I would like you all to be more proactive because frankly, you guys are proactive. 34:12 So what I'd like you to do is go look in your claims file, look back through all previous claims, see what decisions were made, and if you filed an appeal there. 34:22 And, and, you know, you gotta take a little grace for yourself here, okay? 34:25 Because the VA throws all these decisions on you, you might have filed, you know, a, a claims for six issues but only appealed three, and they went ahead and i- they went ahead and issued decisions subsequent to that for two, but they left one hanging. 34:40 So I would like you guys to go back through your claims file, see if there's anything out there to see if there are more benefits they should be giving you. That is my tactical moment. 34:48 [upbeat music] [clears throat] All right, guys. Uh, Frund is how it's pronounced, apparently. Nate tells me this. Na-Nate, Nate cleans up after me a lot, guys. 35:05 I, I gotta, I gotta be honest there. All right, another step. Went to a C&P exam. Examiner filled out DBQ to include diagnosed disability that I had not claimed. Does this allow me to claim it after the fact? 35:17 How far after the fact, new or supplemental? Okay, so there's a case called Clemens that basically says, "A veteran is not medically competent to," um, how do you say that? 35:29 "Ve-veteran is not medically competent to speak to the diagnosis of his claim." Okay, so this came up in a psychiatric context. 35:37 One of VA's favorite tricks was the veteran would apply for depression, go to a C&P exam, and the C&P examiner would say, "That doesn't have depression. That's PTSD related to service, but he doesn't have depression." 35:49 VA then would deny the depression claim and not bring up the PTSD claim. So the court came down and said, "Look, the veteran is not competent to diagnose himself. 35:59 Any, any diagnosis that results out of his claim for service connection needs to be considered for service connection." 36:04 So that coupled with the fact that under thirty-eight CFR four point one, the VA has a duty to maximize your benefits, 36:13 that basically states that any claim coming both from what the veteran says and what the evidence produces as a claim, the VA has to adjudicate, has to move through and process it. So the law says the VA should do this. 36:26 If Carol were here, she'd say, "File the damn supplemental claim right now because you can't co- you can't, uh, depend on the VA doing what's right here." 36:34 SoI would file a supplemental claim for this, or you're right, uh, it might be a new claim. So a five twenty six, you might need to file a new claim for that. Okay? Um, but 36:46 the date of it should go back to the date you filed this, this original claim for whatever you filed it for, because this new, new claim is part and parcel of the evidence and claim you filed on the original one. 36:58 It was just produced through the C and P exam, not through your words. So great question. We see this all the time. VA has a duty to develop this. 37:07 You can't count on that, so you file that supplemental claim, but in the back of your head, you're saying, "Hey, this goes back to whenever I filed that claim for effective date." Cecil, 37:18 ninety total, seventy mental, thirty migraines and other ratings. I'm filing new claims for GERD, IBS, secondary mental health. I don't have IBS diagnosis, just treatment. I want migraines increase in TDIU. 37:29 VA said not old enough while filing TDIU. Does age come into play if I'm in my thirties, I'm ninety percent all, uh, overall seventy for, you know, we, we did this. 37:43 My VSO told me not to do migraines increase, it's dangerous. [sighs] Man, I, you know, I don't like to throw people under the bus, but, uh, I'm gonna throw this guy under the bus. He, he doesn't understand the law. 37:58 Um, thirty-eight CFR four point one six A is the regulation for TDIU. I think it's subsection three that specifically states age is not to be considered when discussing and, um, issuing a decision on TDIU. 38:14 So the fact that you're thirty or if you're ninety, it doesn't matter. What matters is can you work, and if you can't work, is it due to to your service-connected disabilities? Okay. 38:25 So, um, you know, if you're in your thirties and you, um, unfortunately, you have some pretty serious disabilities here. Okay. Seventy percent for mental, that's, that's a, that's a strong disability. 38:36 Thirty percent for migraines, that to me indicates you are down and out several times a month, if not once a week. 38:43 Um, so I, I, you know, if I had a vet come to me with that, first thing in the back of my mind is thinking, is he working? If he's not working, we are going for unemployability. So, you know, 38:54 the other thing that I think you understand, and I want everybody else to understand here, is there's a massive difference between a ninety percent rating and a hundred percent. 39:03 Simply put, ninety percent rating is not ninety percent compensation of a hundred percent. I'm gonna screw these numbers up, but I think like, you know, i-it's a pretty big difference. 39:13 So like ninety percent is eighteen hundred dollars, a hundred percent rating is, uh, three thousand dollars. Okay? So you, you, yes. My, my answer is yes, apply for this. 39:24 If you wanna work with the VSO, that's great, get somebody else. If you wanna do it by yourself, great, do it. If you want an attorney, do that. 39:31 But you have money sitting on the table here that, that, that you are entitled to. I think I missed one part. Let's go back to the first part of this. Oh, [clears throat] um, get that, get that, uh, 39:46 I don't know where you get... Like, go to the-- go to your doc and see if IBS, um, is something you're actually diagnosed with. I, I gotta say, IBS is one of those disabilities that's, uh, 39:56 just so difficult, um, in that, you know, if, if, if you had... You know, the interesting part is you have IBS secondary to a mental condition. 40:05 Well, IBS in itself can cause a mental condition because you, you know, you never know when you need to use the restroom. You're always anxious. You don't know how far away you are. 40:13 Um, that clearly gets in your way of being able to work if you're thinking about, "Hey, do I need to go to the bathroom," or, "Hey, am I in the bathroom?" A significant amount of time in the day. 40:22 So I think that's, you know, that, that, that to me is a claim that's undervalued. And when I say that, meaning like people look at that like, "Oh, that's, what's the big deal there?" 40:31 Well, if you have IBS, you know what the big deal is there. Uh, GERD, uh, I don't, that's, that doesn't, I don't think that's gonna be a ten percent, probably zero percent rating if you get that service-connected. 40:40 So that's one, if you file, great. If they deny it, don't, don't put any focus on that. Um, but, but I, I do think you need to make sure you get the... L-L-Let me, I've told you a lot here. It's kind of where it's at. 40:53 Bottom line is, you should be getting TDIU, um, whether that's just for the migraines and just for the, uh, mental health, fine. 41:03 Um, you know, the other thing you could do is if you get it based just on mental health and you said you want an increase for the migraines, you get that to fifty. 41:10 If you have any other disabilities that gets you up to sixty, then you've gone from, uh, you know, ninety to a hundred percent to SMCS. So that's something to look at. I would, I would file for the IBS at least. 41:22 Um, but yeah, un-unfortunately, that VSO doesn't know what he's saying. And, and, and again, guys, this comes back to this community here. 41:29 Um, y-you know, it's best that y-you know your claim best and you gotta go out and seek out the knowledge. And, and what I love about this community is you are your brother's keeper. You got people here who know, 41:40 know so much, and it makes me so excited to see how, how people can put their claims together to maximize the benefits they're entitled to. So I, I would file those. 41:49 Again, see, find, find somebody else, um, or do it yourself. But yeah, I think you're entitled to all that. [clears throat] Ruby Red, a hundred percent metastatic bone cancer, twenty twenty-four. 42:03 A hundred percent prostate, twenty-three. Two separate ratings? Yes. If separate, should I get more than SMCK for ED? Also fifty for PTSD, sixty hearing, fifty asthma, sleep apnea. 42:15 Wow, that's, that's a lot you got going on. So, um, yes, this should be two separate ratings. 42:21 The simple answer there is that's an SMCS housebound rating, meaning if you have one rating of a hundred percent and another rating at sixty or greater, you get SMCS. 42:30 So, um, SMCS I think is another three to four hundred dollars a month. 42:35 If you can show that the bone cancer or the prostate, um, causes the need for you to have aSomebody to give you aid and attendance, then you're talking a massive bump here, okay? 42:47 Let's say the bone cancer just makes you so weak, you can't get around, you can't bathe, you can't clothe yourself, you can't cook for yourself, any of those things. 42:55 We can show that any of those activities of daily living are, are subs-substantially impeded due to that service-connected disability, then we get you to SMCL on one, the other a hundred gets you to SMC-M. 43:07 Uh, the, uh, wow, we go all the way up here because the PTSD gets you to M and N and a half, hearing loss gets you to N and a half, and then you already have a K for ED. There's no getting a, an... 43:21 You can't get a bump up on that. The, uh, ED is, is capped at K. But again, we get that N and a half rule plus K, boom, we're up to R1. So yeah, there's a lot of benefits there to be, to be gotten. 43:33 Make sure you get those. If you are too weak or too tired because of the cancer, I totally get that, then get somebody else to help you. But I think there's a lot of, uh, benefits on the line there. 43:43 So I, I would go for that. [keyboard clicking] Thomas, right ankle was rated ten percent back to oh-eight, but now I have issues with my left ankle and wear braces on both. 43:56 What would be proper term for filing a claim for left ankle? Um, hold on a second. I'm just looking at... Huh. Okay. 44:13 Google is saying that, uh, my K analysis is wrong. I don't agree with Google, but, um, hmm. All right. I, I could be wrong on the SMC-N and a half plus K, but I, I'm pretty sure I'm not. 44:26 Um, so you guys need to check me on that. Uh, the proper term for filing a claim for left ankle, that is a secondary service connection due to your right ankle. 44:34 So the right ankle is service-connected, and you're asking for secondary service connection. And, and this is a-- 44:39 this should be an open and shut claim because obviously if your right ankle's the weak one, you're gonna be using your left ankle so much more, your left leg so much more, and by depending on that so much more, you're probably gonna wear it out and, uh, and have some problems. 44:51 So, um, anyway, I, I agree. File that secondary service connection. [keyboard clicking] What is the current timeline you're seeing for BVA direct claim? I think we're talking about BVA direct claim. 45:08 Again, and it's important because BVA is Veterans Benefits, um, what is it? Administration. VBA is Veterans, or Benefit, ah, Board of Veterans Appeals. 45:19 Um, if you waive, if you put the, uh, Williams waiver in there, I'm seeing anywhere from eight to ten months. So it, it, it's going quickly. 45:27 It's-- they're not necessarily getting it right, and I gotta tell you, I don't care about that. I, I just like to move the claim forward. 45:33 So if they're gonna get it wrong, I'd rather them get it wrong in eight months than three years. Um, but they're, they're moving. [keyboard clicking] How long does it take for a hearing with BVA? Oh, God. Uh, forever. 45:48 They have not given themselves any limitation on this. I'm still seeing four to five years on these. Um, uh, you know, this is something Carol and I talk about almost every time we're on here. Do not ask for a hearing. 46:00 There is nothing, cost-benefit analysis, there is no benefit that's worth the cost of five to six to seven to eight years. 46:09 You know, they, they don't have to-- they're not accountable to Congress on how long that takes, so they let it take forever. 46:16 Um, when you can get a direct claim like we're talking about there within eight to ten months, or you can even add evidence on VA, uh, Evidence Lane, and again, I'm seeing those fourteen to eighteen months, th-there is no reason to have a hearing. 46:29 Um, a-and anybody advising you to have a hearing, uh, you know, sorry if I offend people, walk away from that person, okay? 'Cause either it's a VSO who doesn't know what they're doing, or it's an attorney that I, 46:43 I question the eth-eth-ethical, uh, ethical, excuse me, the ethical, um, uh, foundation of that advice. Echo, "Hello, I got aid and attendance but notified my, 46:57 uh, but noticed my primary care provider put two more of my service conditions on my twenty-six eighty." That's for getting, uh, aid and attendance, "with a need for A&A. 47:07 Is it best to file for A&A on those service connections too, or just for half-steps through Vary?" Now, boo, that is a very interesting question. 47:16 If those disabilities, independent of whatever disabilities you were saying cause aid and attendance, those also cause aid and attendance, then, then yeah, I, I want, I want you to file for that. Um, I-I... 47:31 Sorry, let me be clear here. You already have aid and attendance for a couple issues, but, but several of them were grouped in. 47:37 If we can take those issues that were grouped in out and get aid and attendance for that, that's two SMCLs with aid and attendance, boom, you're, you're right to R1. That's way more advantageous than the Vary half-steps. 47:48 If you can't do that, 47:50 meaning that, that they are disabilities, but they don't cause aid and attendance themselves, then yes, you still want them broken out, and then you just wanna take those as half-steps to get your rating up. 48:03 [gulping] All right. Hold on. Let me just see this. Uh, okay. Living with Russ, "Can you do a technical claim session on how to fight proposed reduction?" 48:20 Oh, that's interesting. Um, yeah. Nathan, uh, Nate, let's talk about that. George Lowell, uh, we're just gonna go George. 48:35 "Schedule a hundred percent P&T, TDIU, SMCS, have other claims I'd like to get on record because they might reach SMCL in the medium-term future. Have been told not to file because poke the bear. 48:45 What do you say?"Well, you know what Carol says. She's gonna say, "File the claim." In fact, I haven't had somebody mention the damn T-shirt thing, so thank you guys for that. Um, I would, uh... 48:58 I mean, if you think you can get to SMCL, then yeah, I'm filing for that, um, 'cause, 'cause that's, you know, that's kind of a gateway [chuckles] 49:06 SMC in that if you get to SMCL, first of all, it's four to five hundred dollars more a month than what you're getting for SMCS. 49:12 And secondly, if you get it on one issue, then we got the Barry bumps, full bumps, half bumps. So yes, file that. It's worth it because you're, because you're getting more benefits. 49:23 It's not like you're filing a scar claim that's gonna get you zero or tinnitus that's gonna get you ten that won't get you anything. This is, this is asking for benefits you deserve. 49:33 So to me, again, we go back to the cost-benefit analysis. The cost could be sh- could they try to reduce you? They can always try to reduce you, file a claim, not file a claim. 49:42 Uh, but the benefit is you're getting more of the benefits you deserve. 49:45 [clears throat] Sharon: "VSO and I work on DIC claim widow, twenty-five-year Marine vet, including thirty-six months at Camp Lejeune, twenty-four months of Vietnam on AO reg, CO-COD on death certificate, colon cancer. 50:02 VA denied DIC three times. Will GI oncology support help with benefit of the doubt?" Um, I don't like benefit of the doubt. 50:14 That's, that's this random reg that the VA s-says when they're trying to be gracious and they say, "Oh, we'll give you the benefit of the doubt and give you these." Um, with oncology support, 50:27 I want, um, that doctor to say it's as likely as not that the colon cancer was due to either Camp Lejeune or due to Vietnam. 50:36 They need to be specific that it was due to Agent Orange or the TCE, PCE that was in the water at Camp Lejeune. Um, we have had a massive uptick in our office on DIC claims. 50:49 We're just seeing these denials that are ridiculous. 50:51 We're seeing that, um, even when they finally grant the DIC benefits, there was a trigger that the DIC was claimed within a year and, and, and any retro benefits that the veteran had claimed should have been considered part of the claim. 51:05 Um, so I, you know, I don't know what's up with this right now, but DIC seems to be the in vogue claim to deny. Um, so the support you need here is not benefit of the doubt. 51:18 Y-you need a, you need a strong letter from the, the GI oncologist to say that the colon cancer was caused by the Agent Orange or the, uh, the water at Camp Lejeune. Um, if you don't have that, you're gonna lose, 51:33 full stop. So this is a claim we win. We win colon cancer due to Agent Orange. We win colon cancer due to, uh, Camp Lejeune. So this can be won, but you need a GI oncologist who's going to write that. 51:46 There's no benefit of the doubt that's gonna win this for you, okay? Um, that... I-I consider benefit of the doubt a myth that the VA has that sometimes they say, "Oh, well, this is close enough." 51:56 Um, I, I just don't see it, but this is a case you should win. I don't know why we're seeing so many more of these, but there are really good cases that have not been granted, uh, so you need to fight for this. 52:06 If the VSO can't help you, get an attorney. 52:09 Um, and, and, and the reason why I say if the VSO can't help you, if they don't fully understand the law or they don't have access to an oncologist or your oncologist won't, just won't go to bat for you. 52:22 Jeff: "How to get mental health files that C&P examiners seen through electronic, i.e., the VA e-folder, VBMS or virtual. Uh, but they have VA C&P in archives says it does not exist, but the exam quotes what it says." 52:40 So the file that the examiner has is not put into your VBMS file or your C file. 52:49 It, it, it should actually be taken from the C file, meaning they take records from the C file and create a separate file for the, uh, examiner. 52:57 Now, sometimes the files they grab are from your VA health records, which might not be a part of your C file. 53:04 So what I would do is request a full copy of your VA medical records and a copy of your C&P, excuse my CB, copy of your C file. 53:13 That would get you all those, uh, docs and, and, and hopefully that's something that gets you passed. George George: "Granted seventy percent for PTSD, then they told me they were going to do a claim for IU. 53:29 If they grant me IU and I haven't been working since before I filed the original claim, would IU go back to when I originally filed the claim?" Yes. Um, this is one of the VA's favorite tricks, though. 53:42 They s-they say, "Okay, there's now a claim for IU. You've got this claim that's been pending for PTSD." And they say, "Oh, but w-we should consider IU." 53:49 They go forward, forward, forward, and they say, "Okay, we're gonna grant," and they go back to when they say the IU start- the, the IU claim was pending. IU, 53:58 total disability due to individual unemployability, is part and parcel of this original claim. 54:03 If this, if the IU came up anywhere within the time that this claim was either pending, um, or within the appeal period of it, then it needs to go all the way back. 54:12 Now, so, so the answer is yes, it goes all the way back. However, the VA loves to keep those benefits between the, the delta between when IU popped up and when the underlying claim is. But those benefits are yours. 54:27 If they screw it up, ask for a higher-level review, put CAR at the very top and just say, "The effective date was wrong. 54:34 It should go back to the date of the underlying claim," and that should be something that they grant quickly. 54:41 Um, but yes, you're entitled to those benefits.Yeah, four bilateral factor, ten right ankle, ten left knee, ten right foot, ten another left knee, ten scar left, ten tinnitus, ten scar on back. 54:56 VA calculator says sixty percent, VA says thirty, or sorry, fifty. Thoughts? Okay, so just so we're doing, tinnitus and scar on back are not bilateral. 55:07 Um, so what should happen here is those one, two, three, four-- well, I'm not even gonna count. 55:14 Everything before the tinnitus should be combined together, the bilateral factor added to that, and then you combi-then you combine the ten scar, ten tinnitus. I, I, I can't help you off the top of my head. 55:29 Um, you know, I went to law school, which means that it's illegal for me to do math because I'm completely incompetent in it. Um, but, you know, I stand by what our calculator, if it was input cor-cor-correctly. 55:41 Um, you know, but just remember, tinnitus is not a bilateral, uh, does not receive the bilateral factor, uh, even though it's a bilateral disability. 55:52 The Fatty Fat Guy: "How would you attack SMCT denial for the reasons of VA claiming symptoms can't be delineated from major depressive disorder? 56:01 But then the VA magically declares that ANA is caused by mental health and not TBI." Whoo. Um, that's interesting. Uh, I, you know, 56:18 I could do it. I think I need to see the file to really dig in to do it, but you're onto something here. You know, unfortunately, here's what I can tell you. You should be SMCT. 56:28 As far as underlying why, I'd, I, I would need a lot more information on the symptomatology, what, what they're saying overlaps between the two. Um, you know, there's, there's a lot of good case law on this. 56:41 But yeah, I... that, that, that does not pass the smell test. Um, so I, 56:49 I can't, I can't give it to you right, right now, but I mean, my overall thought would be if the symptoms caused by the mental health disability, which are not distinguishable from the symptoms caused by the TBI, gives you, um, ANA, then 57:08 those same symptoms should qualify for ANA under TBI. Now, due to the pyramiding rule, you can't get both of those ANAs, right? 57:16 You only get one or the other because it's, it's due to the symptomatology, not the diagnosis. But that doesn't matter because once we have ANA for TBI, then boom, we shoot right up to SMCT. 57:27 So that's what I would argue without having a, a review of the C file. Um, but what I can tell you is you should win this claim. This is one that I would certainly take until we got, uh, SMCT. 57:39 Um, and there's a way there, but, but you probably really need to dig into the file to find that. 57:47 Jason Earhart: "If a veteran is rated a hundred percent for mental health, why would they not be rated TDIU instead of permanent total? Thank you." 57:56 So TDIU is kind of like just a separate way to get to a hundred percent, and essentially it means that you can't work due to the disability. 58:02 If you have a straight hundred percent rating, schedule a hundred percent rating for mental health, um, you don't need TDIU. So I, um, you know, TDIU, you can't work. 58:14 If, if you're a hundred percent mental health and you could work, then they can't take that away from you for, for being a hundred percent. So you don't wanna be TDIU if you are a hundred percent. 58:23 It just makes it easier that way. [clears throat] All right, let's do three more. Jeff: "I have a higher-level review call coming up for sinusitis, COPD, arrhythmia, sleep apnea, and neuropathy in all extremities. 58:36 How should I prepare for the call?" So with a higher-level review, you only get to argue the evidence that's in the file. 58:43 So you need to figure out, you know, look at that rating decision, decision, see what they said was positive for you. You know, I'm assuming these are service-connected disabilities. 58:53 So with these disabilities, three things, right? Something happened in service, current disability, and a nexus between them. What of those did they give for each of them? Find out that. 59:03 That's binding on the VA, so you don't need to worry about arguing about that. Whatever's missing, you need to point to the evidence that's already in file to show why that's not missing or why that's there, okay? 59:14 So you need to do that for each and every one of these disabilities. 59:17 If you look and see that something, you know, there's evidence missing to show a nexus for the neuropathy, for instance, well, you might end up having to file a supplemental claim to put new evidence in there. But 59:27 that's how you wanna break it down. You look on the rating decision, you see what did they, what did they concede, okay? 59:33 Okay, yeah, with the sinusitis, you had problems in service, uh, but you don't have a diagnosis now, they're saying, whatever. 59:39 See what they conceded, and just point that out to the, to the, uh, the adjudicator, but you don't need to argue it, and then just say, "Well, but they, you know, they missed the fact that these medical records spoke to what they were saying was not there." 59:56 Leader MSO: "Combat battle awards, ten for tinnitus, zero for left ear loss. Six months ago, total catastrophic left ear hearing loss. 1:00:04 Prob-probability of C&P exam providing percentage rating for total left ear hearing loss." Okay, here's the horrible thing with hearing loss. If you don't have bilateral hearing loss, 1:00:15 if you look at their stupid chart, I, I gotta tell you, I, I have to look at this every single time, um, when it comes to hearing loss. You gotta look at, 1:00:24 you know, 'cause it's like if you have this, you get this, and then it's this Roman numeral, and it's that Roman numeral. 1:00:29 I think it's really hard to get a higher rating, um, if you don't have bilateral hearing loss, but you gotta look at the actual diagnostic code for hearing loss and figure that out. 1:00:38 I, I can't help you off the top of my head because this is just, it's too complicated. Okay, last one is from Ruger Flow One. "I'm at a hundred percent. 1:00:48 Should I fight to correct an effective date on initial claim for sleep apnea? VA didn't use my intent to file date. I lost about a year back pay." Yeah, you should. 1:00:56 Um, this is-- they do this all the time, and they try to get you to be fearful and not file it and keep your money. I mean, the, you know, I understand people not wanting to poke the bear, but this isn't poking the bear. 1:01:08 This is part and parcel of, of this appeal stream, excuse me, of this claim stream. So yes, I would file for it. Um, I'd file HLR and just say, "I filed this intent to file here, and it was granted here." 1:01:20 Boom, should go all the way back. All right, folks, that is a wrap for today on our tactical claims with Hemingway Pond. This was my first time to do one of these episodes. Pretty excited about it. 1:01:33 Um, love, love, love the energy you guys bring here, the knowledge. Uh, for those of you who are just starting out and are wondering what the hell all this special monthly comp talks about, don't worry about that. 1:01:44 Uh, worry about getting your s- your questions in here and seeing what other people are saying. There's just so much, uh, information that's being exchanged. 1:01:51 It's so great to see because unfortunately, you have to be, uh, you have to be in charge of your own claim. You have to go out and get all the knowledge you can to be able to get the benefits you deserve. Thanks a lot. 1:02:01 We will see you again on this space next week. 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