I am the Irate Veteran. My videos will help you understand the VA compensation system. I am not a lawyer. I am a veteran with years of experience helping other veterans fight for their earned compensation benefits. . If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
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It’s already happening to me. I just have bought of my big toes amputated. I’m already 100% and I’m now working on Homebound but I asked my VA Doctor about it and she told me that she doesn’t know anything about it. Can you please help me?❤I can’t stand and I can’t walk anymore. I think it’s time for me to just take a very long walk and just end it. But I can’t walk be I will find a way.
This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, treating medical staff at VA medical facilities are often unaware of compensation benefits, so that isn’t unusual. Keep in mind to receive the housebound or any other special monthly compensation (SMC) benefit the loss of your toes must be related to your service. The AA/housebound form 21-2680 is a required form for the housebound benefit (SMC-S). Ask your primary to fill out the form. If you have a problem, contact the patient advocate of social worker at your VA facility. You may also qualify for the SMC-L due to loss of use of your feet due to the toe amputations see my SMC video. A loss of use claim does not require the 2680. A loss of use claim sounds like a better way to go and it pays at a higher rate. I would apply for both. If one doesn't work maybe the other will. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
Just got my 100 p n t thanks for all you do for us
You're welcome. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
After a Medical review can it be changed from at least as likely as not to less likely as not ? Thanks.
Until service-connection (SC) is awarded, nearly anything can and does happen; however, once SC is granted it can only be severed as a result of fraud or a clear and unmistakable error. In other words, while a claim is being considered any evidence gathered during the process will be examined to decide the claim; this includes multiple medical opinions. It does happen that one opinion is less likely and another is “as least as likely as not” on the same claim. This typically happens when the first opinion was not adequate, the VA then seeks a second opinion. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
Really enjoy the videos. Thank you so much for the information. I just had my first two C&P exams last week. I have two more in four days. Is it too late to submit personal statements or have nexus letters written? Save those for an appeal or do them now?
This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, the main reason for writing a statement is two parts: (1) to document your problems related to your claim so the C&P examiner will be fully informed about your situation; and (2) by writing out your claim issues you’ll be well prepared for the C&P exam. It doesn’t do much good to send a statement for the exams that are competed, but you can still submit statements for any claims that haven’t had the exam yet. Nexus opinions should be sent in with the claim; however, they can be sent in at any time. I never recommend getting a nexus upfront as the claim may win on its merits. For the claims that already had the exams I’d hold off on statements/nexus; if you lose, you can submit them on a supplemental claim or appeal. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
Do you have any information on HIPAA privacy laws? The VA in Orlando is using chaplains as spies or informants for mental health. They document your private conversations in your medical records and report them to the police and civilian doctors. It's like living in the Soviet Union or North Korea.
thanks vamadness 🙏🙏
Can I get rated for Arthritis at20% AND get rated for range of motion at say 30% or is it one or the other?
Spine rating work like this: first limited ROM is considered. If no ROM rating is allowed, then painful motion is considered. Lastly there is the possibility of an arthritis rating. Only a single rating is allowed: the highest of ROM, painful motion, or arthritis; thus, if ROM is rated at 20%, painful motion (worth 10%) and arthritis (max 20%) are irrelevant.
Like hearing aids, if medication manages symptoms then zero rating
You are the best, my brother!! So well informed!
Thank you. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I already own it! Thanks.
You've got such a competent guest with fantastic comunicativ ability...and you keep cutting him off , so that everyone can only isten to your humm and haw
How about saying “thank you for providing informational videos so veterans can understand the claim process.” Instead, you degrade me. As the saying goes “no good deed goes unpunished.” In any event, my hem and haw did not get in the way of the information that I wanted communicated to veterans as what needed to be said, was said.
Thank you for the great information. I subscribed your channel. My dad has 100% service related to bilateral hearing loss and 20% diabetes, 10% lung problem and he needs 24 hr care. I just filed the Aid and attendance today. Do you think he is qualified? thank you !
This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, as long as the need for AA is due to his service-connected conditions, he qualifies for the AA benefit. The 21-2680 form and a good statement noting his self-care challenges due his service-connected issues are your key pieces of evidence.
@@VAMADNESS Thank you so much for the quick response.! I really appreciate it. Sir.
The officer's was judge,jury ,executioners.Killed a innocent submissive god fearing woman both officers are done.Since when a pot of hot water is death sentence.Both officers pulled there guns an look how long they keep there guns drawn while she lay dying on the floor hands still on the trigger.Trigger happy cops second officer is just as guilty .
Self care make leftovers otherwise won't want to prepare meals and won't eat regular, wearing same clothes or not taking showers every several days
As noted in the video, it’s very important to report all issues related to each domain on a statement. As you point out, careful thought must be given to exactly how each veteran is impacted. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
One question they ask is do you see things others don't, for me driving down roads I see trash and stuff and see possible hazards to beware of
I’ve also been asked about hallucination, which makes sense since it’s one of the symptoms listed on the schedule. I’ve also had exams where I was not asked about hallucinations. Each examiner is different on the questions they choose to ask.
Do you think medication will come in play for mh ratings with new changes like sleep apnea change mentioned in mh
Mental health medication will be a factor at level four as positive evidence that attempts were made or are ongoing to “manage or remediate” the condition.
I have the same question and the verbiage from the new change (CFR) says this: "The second note would explain that evaluations under the General Rating Formula for Mental Disorders would consider any ameliorating effects of medications prescribed for a mental disorder. In other words, if a veteran were receiving medication for a mental disability, VA would rate only the disabling symptomatology that exists after the ameliorative effects of medication are taken into account. We are adding this note because in Jones v. Shinseki, 26 Vet. App. 56, 63 (2012), the United States Court of Appeals for Veterans Claims held that, “[a]bsent a clear statement [in the rating criteria] setting out whether or how the Board [of Veterans' Appeals (Board)] should address the effects of medication,” the Board should not take those effects into account when evaluating a claimant's disability. However, consideration of ameliorating effects of medications is consistent with 38 CFR 4.2, which states that VA adjudicators should consider a disability “from the point of view of the veteran working or seeking work” and provide a current rating that “accurately reflect[s] the elements of disability present.” VA adjudicators should not be basing ratings on speculation of how severe a veteran's disability might be if he or she were not taking medication; the rating should be based on the actual elements of disability present. See generally McCarroll v. McDonald, 28 Vet. App. 267, 276-78 (2016) (Kasold, J., concurring in part)." This is concerning because medication could play a big role in a potential downgrade.
Another excellent video. Thanks for the solid information. I just want to chime in on my recent experience with mental health C&P exams. I have had two of them this year, one by Optimum Serv and one by VES. I know this is a small sample size but, both of my exams and examiners were excellent. I am currently rated 70% for PTSD. I have read the DBQ’s they submitted and I feel they made accurate assessments. BTW: Greg Rada is a great addition to your channel whenever you have him on. I believe he is the best VA Attorney out there.
I’m glad you liked it. As I noted in the video, mental health examiners seem to do a pretty good job with their assessments. Your experience gives me faith that fair assessments will continue in the future. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
Excellent video I'm 100%P/T , I WENT STRAIGHT TO 100 CAUSE I HAD 3 SITUATIONS WHILE ACTIVE DUTY , AND IT REFLECTS MY CURRENT SITUATION ,
great information: question - I am 100 P&T. recently submit presumptive claim for prostate cancer. once approved, Can I submit secondary claim ( ED secondary to prostate cancer & ptsd) this should not effect my 100&?? I will not get any more money? residuals will be only 0% - 20%? please advise?
This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, there is no need to wait to file for ED as many veterans are SC for ED due to mental health alone. If ED was an issue before the prostate cancer, the cancer isn’t irrelevant anyway; however, if ED only happened after the cancer, then it’s likely related to the cancer. In either case there is no need to wait to file. ED is SMC-K and is paid at $132.74 added on top of your current payment. It will not risk your current rating. Ensure you watch SMC video to understand SMC possibilities. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
stand by to have all your claims to be ropened
@@brianharrington-ws2kj That will not happen. Filing for a benefit does not open up all of your service-connected conditions for re-adjudication. Don’t believe the rumor mill.
Great video post .Giving out free information not many people is doing that on KZread.Most everyone is making money off helping veterans win there claim.Glad you are doing this for free.
I’m glad you liked it. I’m happy to help my brother and sister veterans with irrelevant information. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8. I sent a copy of the book to every member of the US House and Senate veteran affairs committees, the VA Secretary, the president, and vice president. Of course, I doubt any of them will read it.
Glad to see you back!
After having a C&P exam for knees 4 months ago VA is going to get a medical opinion from another doctor for which I don’t need to attend. Is that normal?
It is completely normal. The opinion currently on hand likely was not adequate so VA is asking for a clarification or new opinion. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
70% and up on any rating is disabled. At least to me
Interesting interpretation. There are many opinion-based ways to interpret the word “disabled.” Most amputations are rated at 60% or below, by your measure these veterans aren’t disabled. A right-handed veteran missing all five digits from their left hand would most certainly disagree. In reference to this video, I guess the question is “does a disability make a person unemployable.” The answer, as always, is dependent on the person answering the question. Some would say yes and others would say no.
Your sponsor is not good. They denied wanting to work with me because I wasn’t homeless. Someone from India called me ask a bunch of questions and then to me they wont help me.
Law firms do not take all cases. It’s very common for a law firm to not take a case. It is not a reflection on the capabilities of the firm. Try other firms or a VSO.
What about amputations on the feet.
Lower extremity amputations are rated under codes 5160-5173. I have never seen the VA get an amputation rating wrong as it’s a pretty straight forward rating. There is an amputation or there is not, very easy to rate.
So is the SMC amount an addition to what you are getting from your VA claim?
Only SMC-K payments are added to your normal monthly benefit. All other SMCs are paid in place of your normal monthly rate. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I have mutual spine conditions. Can those spine condtions be combined to reach the required 100% needed for SMC -aid and attendance!?!?
I am not a lawyer or agent, but to my knowledge a single 100% rating is not required for AA. AA is determined on need due to SC disability and not on any particular rating. AA requirements are noted in 38 CFR § 3.352.
I have a rating of 0% for ED. The VA hospital are sending me meds for it
What kind of meds? I have same issues service connected and anything to help me and my spouse fix that issue would help brother
@@ericreyes3356 im getting Sildenafil citrate 100 miligrams from the VA hospital. It’s the generic brand for viagra . The VA will do some test on you to see if your heart is healthy enough for this kind of meds . Before they would they issued this medication I was in the VA hospital in Puerto Rico 🇵🇷 and this doctor had to check my penis to see if I really need this kind of medication and it all checked out that in fact I need it and I was issued it and later on I made a claim and I got a 0% is what I’m told is the highest rating you can get for ED . I how this information works for you brother. God bless you .
@@ericreyes3356 Viagra or Cialis. VA pharmacy has both.
Im not understanding all of these bunch of alphabet letters to the whole thing with SMC . I’m new at this thing in general 🤔
The letters are simply a way to identify the level of benefit with each level having its own set of requirements. As explained in the video, loss of use for both feet meets the requirement for SMC-L. If you meet the requirement for any of the SMC levels, you get the benefit.
The VA always try to low ball SMC. SMC T the VA deny TBI claim because they don't want to pay out. SMC O is hard to get as well. Either a HLR or Supplementary claim. SMC T is my due to events in service. S with one 100% mental health condition you can get SMC S. The 21-2680 form for Aid and Attendance and loss of use.
I agree VA is famous for underrating. One of the veterans I helped did get SMC-T, but it was one hell of a battle. VA fought us every step of the way.
@@VAMADNESS the VA conceded to a service event, TERA due to Gulf War and still denied my claim. It's going to HLR and will see what's next. I was exposed to alots of toxic including in the US. The VA will fight tooth and nails not to grant SMC T.
@@VAMADNESShow important is the 21-2680? I submitted mines 3 weeks ago I’m already in the decision phase.
@@israelbrewton5742 The 21-2680 is required to be submitted with the application for benefits and is the main evidence for AA.
@@VAMADNESS if your doctor puts an x in 2 more areas for assistance does your claim look good? I’m asking because I went to decision phase in 3 weeks now back down to evidence. They said it requires a secondary action internally and that the raters have it but that could mean anything. In my opinion if they wanted to deny me then they could just generate a notice they shouldn’t need to gather evidence to deny me. Also it could’ve been an effective date issue. Anyway I’m not denied yet so I just gotta be positive. I don’t have any 1 disability at 100% at all.
Excellent topic! Thank you, Eugene, for knowing the regulations even better that your guest. It was a good catch on your part to realize that Attorney Dunn had the SMC-S requirements wrong when she said that in addition to the 100% rating for a single disability (including TDIU from a single disability), the veteran would also need another single disability rated at 60% or higher. You correctly interjected that the 60% could be from the combined rating of several disabilities. I got nervous for a half of a second because I currently have a claim at the Board of Veterans Appeals for ratings that will qualify me for SMC-S. Plus, it is because of one of your previous videos that I contacted another one of your sponsors, Greg Rada, and he is handling that appeal for me. Thanks again.
As with all live interviews, interviewees at times misspeak and it’s my job to ensure I ask the correct question to get the right answer. Believe me, she knows her stuff.
@@bobbrown2652 If you have a 100% for mental health automatically qualify you for SMC S. Depression, PTSD, Insomnia, Migraines and any other mental health conditions will get you SMC S.
I don’t like to disagree, but 100% service connected plus another 60% service connected or more I believe is the wording. The VA will automatically award anyone that has one disability at 100% service connected and one other at least 60% disability automatically. Unless VA law has changed recently, I don’t think so. Another way to get this SMC -S to be housebound. Not easy to get. That’s why Veterans who try to get SMC - S by stacking disabilities to reach 100% or 60% end up in appeals.
@@johncasper8193 There is no need to agree with me. 38 CFR § 3.350 - Special monthly compensation ratings states: “Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, has additional service-connected disability or disabilities independently ratable at 60 percent.” My video exactly followed the regulation. All of my videos follow the regulations and none are my opinion.
@@VAMADNESS I know that the VA automatically awards SMC -S if entitled.
Great work. Questions: (1-2)- (1) I thought under the pact act presumptive - colin cancer/intestinal surgery was presumptive, eff - 1 Oct 24 - is this true?. My colin cancer was denied by VA - saying that - boots on the ground - yes, not related to agent orange. (2) Now that I have prostate cancer - Vietnam, agent orange - can I re-file under the pact act presumptive-for service connection? (3) I am currently - 100% P&T w/ SMC-S. This should not effect my current ratings?
I am not a lawyer or claim agent, but to my knowledge if you qualify under the pact act, colon cancer is presumptive. If you served in one of the designated pact act areas of service on or after August 2, 1990 you may qualify. Prostate cancer is presumptive under both AO and the pact act. It appears you are a Vietnam veteran; thus, once you apply you will be presumptively service connected for the prostate cancer. Filing for prostate cancer will not impact your current ratings. Also, since you are already paid at the 100% rate, service connecting the cancer (by itself) will not increase your payment rate.
Thanks Irate Veteran 🙏🙏
Woo hoo! #3
Excellent 👌👍🎉
Glad to see you with your great videos
Keep doing these videos!
What about Fungus of the bungus?😂.The VA sucks!!!
I certainly understand the thought. If you want to know how we can fix the VA, read my book. Check it out: www.amazon.com/dp/B0CPTNRMD8.
You talk about forward flexion rating but what about cervical flexion-extension?
We talk about both cervical and lumbar forward flexion as the main way backs/necks are rated. The forward flexion movement is the only way to get ratings above 20%. All other movements, including extension, are not individually ratable. Extension is part of the total ROM measurement used for ratings 20% and 10%.
Im Active now. If I have a neck injury but no understanding of one single event to how it occurred, would a statement need to go with it on my BDD?
If you’ve been active duty your whole time in service, not guard or reserves, you don’t need to show an event. All diagnosed disabilities are considered service related. The key is you need a diagnosis; if they can’t find anything wrong, you don’t have a claim. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
@VAMADNESS I did 11 yes Active Marines. Then out for 8. Back in the Army Reserve in 2009. Active Duty off amd on for 10 years with them. In 2019 I went Active Duty for the Reserve and it was that year I was diagnosed. It has been a problem thar keeps getting worse over the past 5 years.
@@usmcwag There is often a problem in cases like yours where there are gaps in service. You can’t really say you were having problems when you left the Marines as you served in the army reserves years later and you likely were accepted without any problems noted on the entry physical exam; thus, to establish an event related to a disability you need to have evidence related to your more recent service. Typically, an LOD is required; but witness statements from people you served with may do. If you are currently active reserves, you may not have a problem. It’s hard to say. All you can do is inform the BDD examiner of your condition history and hope for the best.
How do we get a doctor to do a DBQ & Nexus for us with severe pain in lower back & extremities?
Most treating professionals won’t help as they do not want to be involved in legal issues and claims are litigation. Most veterans turn to the veteran services industry. Check out my last video about nexus providers as it at least provides a list of nexus/DBQ providers. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
VA treated this condition with raised heel inserts for my shoe ! Did no good, pain still is daily .
Keep in mind, realistically, you need a diagnosis for the problem. A claim without a diagnosed medical condition will very likely lose. Pain in itself does not make for a good claim.
what about achilles tendon problem caused by knee problem
As with all service connected (SC) conditions, if the SC disability is causing another disability, that disability can be SC as a secondary. The key term is disability; thus, the Achilles tendon problem would need to be a diagnosed medical condition. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
Any provider that list their prices before reviewing the medical evidence is considered a nexus mill.
That may be true in some cases; but that is not what I found. Typically, the individuals/firms listing their prices also list who prepares the nexus and their credential. I suspect that providers that identify themselves and their credential while also listing a price are on the up and up. I personally would never do business with anyone with an open-ended price scheme. At a minimum, I would expect a price range disclosed. One of the veterans I helped was charged $8000 by one of these non-price disclosure operations and it was a bad letter to boot. He lost his case. 70% of the nexus letters I’ve reviewed are not adequate.
@@VAMADNESS The problem with the NEXUS industry is that it's watered down and has turned into a nexus mill, and the credibility of these providers has been questioned. Nine times out of ten, these examiners do not review the entire claim file before writing these nexuses for veterans which is a requirement. What is the recourse for these companies that charge low prices if the veteran nexus doesn’t work? I noticed none of these companies that are 'helping' veterans post on their website they can get a free review if the nexus doesn’t work.
@@mrlnternational I completely agree the nexus issue is a huge problem. Which is why I am profiling providers. The nexus problem can be fixed by simply forcing the VA to do its job properly. I outline how to do this in my book. Sadly, few people are interested enough to buy the book. I sent a copy to every member on the VA committees in congress (house and senate). The chair of the senate committee (senator Tester) actually refused to accept the book and sent it back to me. Until veterans are interested enough to force positive changes with the compensation system, the nexus industry will continue to be “buyer beware.” If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I’ve never been more encouraged by a single video! I need him to represent me! According to these arguments he’s made, I would be due over 10 years of backpay (at least) I’ve not been able to work due to my Service Connected Disabilities since 2009.
Glad you liked the video. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
@@VAMADNESSthank you!! Also please forgive me if you listed this info elsewhere, I couldn’t find it in the description…do you have contact info for Mr. Rada? Not sure if he’s in the list of your sponsors or allows for us to reach out directly to consult for his representation? Thank you again!
@@casuallevelexpert3112 At the beginning of the video his website is listed.
I am not near a VA hospital, how do I go about requesting a knee brace for a service connected knee rating?
You will have to be enrolled in the VA healthcare system and coordinate with your VA primary healthcare giver to get a brace. I don’t know if VA outsources orthotic devices, so you may have to go to a VA hospital to get the brace. Call your nearest VA clinic/hospital to find out the exact procedure. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
But what if the BVA has sent my claim to the DAV for a written argument, good or bad thing?
Well, the board would never remand the claim to a service organization, so I’m not sure what the situation is; however, at a board hearing a judge may make suggestions to strengthen the case such as getting more evidence. I’d really have to know exactly what is going on to know if whatever is happening is good or bad. If this was a remand, it is often a step in the right direction.
23:43 effective dates
I played basketball for my company for 3 years I hurt my foot twice where they had to remove my big toe nail on both feet can I make a claim ?
The first rule for all claims is that you have a current disability. If you have a current disability related to the toenail removal, then you have a claim. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
This shit is so GD frustrating. I’m caught in a rotation of BS from the VA. Get a hearing that goes well, then my claim is reversed, then fckd up again, then reversed , and screwed up worse.
Sadly, this is the nature of the VA. Seemingly, VA is full of numskulls. Sadly, not even veterans are motivated to do anything to fix the system. I contacted my congressmen/senators and written to congress repeatedly, but nothing works. One man can’t make an impact. I even wrote a book (which has but few sales) as my last effort to fix the system. Simply put, not even veterans give a damn about what happens to other veterans.
How can I show that I entered the army with flat feet and that my condition was aggrevated by my service but the no records were provided to me. What can I do? Should I just file a claim for flat feet?
If you left service with flatfeet there is no need to prove it predated service. To win a claim for flatfeet you have to have evidence of flatfeet while in service. If you entered service with good feet and left with flatfeet it’s an easy SC: it appears this is your case; however, if there is no evidence in service of flatfeet, realistically there is very little hope of winning the claim. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.