VARO– MARK’S OPUS–WHAT’S BEHIND DOOR #3


Mark's big win

Mark @ 192%–The third time is the charm

Many of you across the fruited asknod and Hadit plain continue to suffer the misconception, goaded on undoubtedly by VSO horror stories, that if you ask for another bowl of porridge from VA, they will not only give you a smaller bowl but take away your spoon. Hogwash. If that was the case, frequent filers would have 0% across the board or far less than their due.

Take me as an example. I refused to lose at this game and am now perched on the cusp of another 100% schedular rating and a 40% and 10% (on appeal for 30%). Berta, a frequent moderator of immense knowledge on Hadit.com, has a storied history of claims spanning two decades and two husbands and to date has yet to lose-even on several CUE claims.

Now we address my good friend Mark.  The long story is in the link. The short story that continues to dispel the myth about VA’s propensity to downrate you when you disagree is this. Mark got 20% for his Hep. Typical VA lowball. He got his 100% schedular after flailing around and finally by dropping his no-account Cal. Dept. of Vet Disasters rep. and coming back to me. Once free of him, everything began to unfold properly. Last week, he got the ultimate smooth tan one-or for you guys from other sites-the BBE or Big Brown Envelope. His was truly as I had predicted and even better, Monty’s cookie jar was behind Door # 3.

I began this in 2008 and explained to Mark the process to ultimately end up with SMC S. We carefully crafted his claim with all the magic words and nexus info to make it slide like pancakes on bacon grease. The result? Hold on to your your hats, folks. Them dingbats at the Oakland RO went overboard.

Mark’s decision

1) 40% for Diabetes II

2) 40% for Fibromyalgia/ secondary to HCV

3)40% for PN left upper extremity

4)30% for right upper ”                ”

5)20% for left lower  ”                    ”

6) 20% for right lower ”                 ”

7) SMC S

Now, does that sound like the vindictive VA or yore? Can any of you say that you have been whacked for asking for a higher rating? I admonish you to appeal any such happening and get back to me after you win. If you are indeed better, you get reduced. This happens-especially in surgical situations where a 100% rating is assigned- full well knowing it is temporary. Nevertheless, VA is fond of revisiting the 40-70% ratings with an eye towards an ambush in the first five years. Shit happens. When it does, there’s a good attorney available who will bear your sword.

k.eagle headshot 2012We do have “Hurricane” Katrina Eagle to thank for shepherding this through in short order. That’s the best kind of bacon grease for any VA claim and I’m fortunate to have her on my speed dial for Vets.

Remember, God sends the right. If you are owed, you get doughed- or in this case the proper ratings. The only error I see is that they should have given him SMC K for loss of use of a creative organ due to the DM 2. That’s what Hurricanes are for. As an aside, Mark asked me if there was any more money on the table he was missing. I pointed out the addition of a wife would add $160 to the pot each month but the hole in the bottom of that argument is that I have yet to find a woman you can operate for less that $3 K a month. Mark has decided to ignore my sage advice on the subject that the most poisonous substance on earth is wedding cake.

You can lead them to Bachelor parties but you cannot get them drunk enough to miss the nuptials. And that’s all I’m gonna say about that.

About asknod

VA claims blogger
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10 Responses to VARO– MARK’S OPUS–WHAT’S BEHIND DOOR #3

  1. WGM says:

    Happy for You Mark; and congratulations.
    Thanks for sharing your saga so that other Veterans can learn and benefit from your experience.

    Well done and outstanding Sir Nod; another most excelent victory.
    A very large number of Veterans have been helped by your knowledge; and the numbers increase daily.

  2. hepper74 says:

    Beware having a semi “good day” and a C&P exam on the same day; led to rating decrease for my lower back.

  3. Kiedove says:

    Good job all.

  4. Mark says:

    And the Really good thing is I am Still Alive, To have some kind of Life,The money I got was Nothing For what the VA put me through, They Told me IT IS ALL IN YOUR HEAD, Those were fighting Words, I had Lost Everything, They were waiting for me to Die, like they are for everybody Else, I Hope and Pray that other Vets will Follow our Lead, and NEVER GIVE UP, God sees Everything.
    Peace Brothers
    Mark

  5. Skywalker says:

    “Can any of you say that you have been whacked for asking for a higher rating?”

    I agree with what you are saying–keep fighting–but they did in fact whack my husband for asking for a higher rating (or maybe they just don’t like him; either is possible). He was lowballed to an overall 20%, appealed, and then they called CUE on themselves and are trying to bring it down to a ridiculous 10% overall with no future possibility of being raised (as they want to sever the service connection). Plus, they just denied his depression claim; not even a paltry 10% was issued. We will take this all the way to the BVA or CAVC if necessary, but certainly do feel whacked/punished for bothering to appeal to them in the first place. They’re vindictive b******s sometimes.

    • Mark says:

      The VA, Doctors will Never Help you get service connected, one Doc that wrote a Nexus letter for me the VA, got rid of her. All my Nexus came from outside of the system, if your disabled use your SSDI doctors, there more likely then not to Help You, it Sucks I know, but once you get other Doctors on your side the VA really has a hard time, telling you that there lying to.

  6. Thanks so much for sharing Mark’s story. If only his was rare and unique — but it’s woefully all too common. In fact, just last week at a national conference, VBA leadership was encouraging VSO’s and veterans NOT to appeal. Unbelievable rubbish — but I know people at that conference will follow orders, no questions asked. Please keep giving your readers good information — they need to know the truth: appeal when VA gets it wrong — it will be worth it!

    • Katrina..thanks for your reply! Would you agree that VA does reductions, “when they can”, that is, when the evidence supports it?. In the reduction criteria, I was unable to locate any CFR that suggests, “Reduce the Veteran whenever he applies for an increase..that will teach him”, as suggested by VSO’s. Should the VA overstep their bounds and reduce on the bases of the Veteran applying for an increase, this would likely fail upon appeal. A Veteran can be reduced..at any time…whether or not he asks for an increase, as you wrote a few years ago. It would be most helpful if you could repost your “knol” on reductions, and my guess would be that Asknod would be right pleased to have you as a guest author, should you be so inclined.

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