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.
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.
We 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.