As many blogs as I have written about VA law and the shortest distance between filing and winning, VA nevertheless constantly reinvents the wheel to make it more complicated or just plain onerous. Considering we inhabit what many have called a nonadversarial venue in which to adjudicate our claims, the process becomes more of a “gottcha” wiith every improvement. I don’t think I need point any further than the correct choice of VA form upon which to file a claim. None of you will ever get the same answer from VA techies if you ask them. So, let’s do a show with John and Jerrel on how to win in the shortest time possible using tried and true techniques.
At the outset, I’m going to suggest you not read my book I wrote in 2012 as it is somewhat out of date. While it has a lot of valuable advice, the actual nuts and bolts of winning have metamorphosed. In that ten-year interim since publication, the AMA has been passed, VA has instituted new forms they demand you use, and a pandemic has thrown sand in the gears. To add insult to injury, the BVA decided to hire a shit ton of Juris Doctorates who are paralyzed from the neck up and have nary a clue on how this works. Each one has to be given a crash course by the existing judges. It’s tantamount to sending them back to law school all over again to learn the ABCs of Veterans law. Idiot’s delight. They should have that constipation sorted in time for the 2028 Presidential aspirants to tout their proposed recipe for how they propose to fix it once and for all.
While I focus mostly on SMC law and Vietnam presumptives, I still have to keep my hand in and file brand new claims to keep these gomers off balance. I compare it to throwing one hand grenade after another to make them hunker down and get to work. This way, they’re too busy trying to play catch up and attempting to deal with me instead of inventing ways to reduce my clients.
And boy howdy are we going to discuss that subject Thursday evening. That’s beginning to get waaaaay out of hand in a big way. When they generously hand you a 100% as an excuse to give you a&a (which is not required by law) and begin chipping away at your Parkinson’s and loss of use to fence you out of SMC R 1, it’s time to learn how to combat this. Worse, using §3.344 as a defense for their actions about not having to go through the rigmarole of a formal proposal to reduce is plain hooey. They don’t consider inferred SMC under Akles v Derwinski as a potential reduction because they have studiously avoided awarding it-let alone discussing its application.
I can remember my old DAV rep back in ’92 parsing old wives’ tales about how VA could (and would) reduce you if they perceived you were being too avaricious. Utter bullshit. VA handed me a 0% for hearing loss and a 0% for tinnitus. I was expected to sit on the Group W (wait) bench for ten years according to Mr. DAV and then we’d meekly approach them for an increase on the tinnitus to 10%-and not a day sooner. Perish the thought of refiling for the L5-S1 lower lumbar disaster area from landing a PC 6 Porter in an “arborous landing environment”. That was a done deal and not for discussion.
Winning your VA claim is becoming more, rather than less, daunting without a Sherpa to walk point for you. Then, when you prevail and get your 0%, you have to begin anew. I’ll show you shortcuts no one even dreamed of. Unlike some in this business, I don’t mind revealing how I pull the VA claims rabbit out of my proverbial top hat. You sure don’t need a professional claim builder who soaks you five times over and above what you won. Shucks, I’ll show you for free. You don’t even have to buy anything from me.
With luck, and assuming the the good Lord’s willing and the creeks don’t rise, I look forward to chatting with you folks on the day before the day before Christmas. Maybe I’ll give you that stocking stuffer you can use to kick ass and take names down at the Puzzle Palace. Grab a cold one or a good single malt with a water back and join us for some politically incorrect discussions on VA law. Mute the microphone if you’re eating potato chips if you’d be so kind.
The contact info for Thursday night @ 1900 Eastern is here via your computer:
Or if you’re computer challenged, try your phone and call:
On the off chance you wish to ask a question, feel free to do so. Dial a 1 and it’ll make your phone voice-activated. Hey, we’re in the 21st century now. No more PTT (push to talk), baby. On behalf of myself and the rest of the krewe, we wish you the merriest of Christmases and a prosperous New Year.
asknod (it, we, Veteran)
Merry Christmas to all.
To get more than 0% for high blood pressure what is required? I filed an AO claim for high blood 5 months ago. The VA did run me around saying I had no representative etc.
Here’s the code for it
7101 Hypertensive vascular disease (hypertension and isolated systolic hypertension):
Diastolic pressure predominantly 130 or more 60
Diastolic pressure predominantly 120 or more 40
Diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more 20
Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control 10
Note (1): Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm.
Note (2): Evaluate hypertension due to aortic insufficiency or hyperthyroidism, which is usually the isolated systolic type, as part of the condition causing it rather than by a separate evaluation.
Note (3): Evaluate hypertension separately from hypertensive heart disease and other types of heart disease.
Who cares if you do or don’t have a representative. By operation of law, you do not need one.