Jerrel slipped and fell on Missouri ice and broke his hip. He just had surgery and will be fine if he stays away from VA hospitals. In the meantime JBasser and myself will be doing a show tomorrow in the PM as soon as he gets back from Alabamy. We’ll be talking about the new VBMS and how it will be affecting all you old coots like John and me (and Jerrel).
We want to review old news and new news on this subject as it changes like the weather. Speaking of ice in Missouri, I didn’t know they had any there unless it was tucked in with Southern Comfort or a Mint Julip. The crickets and the frogs woke up three weeks ago hereabouts.
We also want to talk about SMC and how it relates to us old folks when things start breaking down on our bodies. I just had a fellow asknod member named Fred who went for the Big Banana of SMC L/Aid and Attendance based on some of my Hadit shows on the subject. He’s been doing his own claims and took his denial up to the BVA on appeal pro se. He just won but they screwed him out of SMC (o). That’s a pretty big difference from SMC (l) and two (k)s.
You will not believe what the BVA judge came up with. I’ll publish a redacted copy of it tomorrow for the show so you can see that even the chowderheads up at Fort Fumble in DC don’t know how to read 38 CFR §3.350. Imagine handing out two (2) (deux) (song) (số hai) SMC K ratings for two feet. What flavor of left-handed tobacco are they smoking down in Foggy Bottom? Is that why it’s foggy?
How about this daisy from Veterans Law Judge Matt Tenner:
The Board has found that the Veteran has functional loss of use of both feet, and thus is eligible for benefits for SMC (k) for each foot.
It appears as though it’s time for some VLJ Continuing Legal Education (CLE). Seems like old Matt hasn’t been clocking any hours on SMC.
Be there or be square. the call in number is
347-237-4819 (push #1 to talk)
I just had my DRO hearing today for right 5th MT fracture; right ankle sprain; and left toe condition. I provided N&M evidence to include TWO IME’s from my VA podiatrist. I am currently on a knee scooter b/c of my right foot fractured yet again and I am NWB/immobile status and my left ankle was the cause of the fall!
I am hoping for a good outcome!
I personally recommend two IMOs whenever possible. VA rarely tries to go against you when they see you’ve gotten the briefing on how to win.
I think the IME’s are my seal of fate for victory. If I didn’t have those I think it would be a 50/50 on me winning. I can’t see me not winning a favorable decision…Keeping the faith!
I can’t begin to tell you how many times I felt I had the cat in the bag only to see a denial.VA has a marked propensity to smile and tell you everything is hunky dory. Six months later you lose and the decision is bogus. I have ultimate faith in VA to screw it up. My 22-year battle to get the right effective date is littered with errors. Trust VA to do the right thing…eventually.
well I don’t think I have type of issue that warrant a 22 year battle and I do commend you for your fight and victory. I too don’t expect much from the VA but I do believe that the evidence I presented warrants an appeal decision favorable for me. I sure hope so 🙂
Wow! That is cool. I love to hear when other Vets make monetary headway with the VA!
I just got back from the Podiatrist in Bend today. I found out that I have been living a fractured ankle all of these years. Isn’t it funny, you complain to the USAF Hospital your feet & ankles are hurting and they give you metatarsal inserts. You complain to the VA that your feet & ankles hurt, they give you ibuprofen, even after viewing your x-rays.