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  2. BroncoVet, Thanks for the amazing info, it was a lot to digest, but I'll just have to do my research and this will definitely help me get started in the right direction.
  3. The 5-year requirement was specifically what I was thinking of when I said it wasn't protected. Both ratings are about 2.5 years old, so there isn't any kind of protection that I'm aware of. On the other hand, I don't see how you could make the case that my condition has improved.
  4. Today
  5. Attached is a copy of the VA doctors response to my NOD. Also find two court cases. Thanks Redacted NOD Response.pdf Court case 2.pdf Judgement.pdf
  6. When I get to a DRO hearing, sometimes I spring a 526b on them to highlight an inferred claim. I can squeeze out an "informal" comment made at a C&P exam into a claim a lot of times. http://www.vba.va.gov/pubs/forms/VBA-21-526b-ARE.pdf There's a lot of tricks out there we can use. Never live in the same box. Think outside of it. If you are within suspense dates, it isn't a CUE though. It's a mistake. Remember, CUE is a motion to revise a final decision. If it isn't final, it's far easier to change.
  7. Based on what you posted, you should get P and T. Apparently your doctor said the condition had not improved since 2006...that should suffice (but you know how VA is).
  8. First, you will have to wait for the letter from VA, but it does give you some time. You said your rating was "not protected", but lots of people dont even know what that is. Did you, for example, know your rating has "protections" after 5 years, and you dont have to wait the 10 or even 20 years. (Tho the 10 and 20 year protections are even better.) On another site, I got into an arguement with a guy who inisisted there was not such thing as a "5 year" rating protection. For you I will copy the regulation that explains the 5 year protection: (Notice the "protections" in 3.344 a and b apply if you have been rated over 5 years; see (3.344 C, below: in bold) . 3.344 Stabilization of disability evaluations. (a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of VeteransAffairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.
  9. There is a "statuatory" housebound when you have 100% plus another 60%. YOu will just have to wait for the decision to decide if/what you want to appeal, if anything. You can refuse VA benefits..none are mandantory. But you better think hard before you refuse them. Better to accept the money and donate it to your church if you dont need it.
  10. Several vet advocates do "not" Recommend using ebenefits, for some very good reasons, one of which you pointed out! Another good reason is that its unreliable, distracting, time wasting, etc. "A watched pot never boils". Its like staring at a teapot waiting impatiently for it to boil. Worse, its like watching paint dry. Better is to get a hobby and consume yourself with your hobby. Go fishing. Play Golf. Go visit your children, friends, grandchildren. Go to church. Spend time on/with your spouse. Ask about her needs. Help her with her problems and you will forget about yours. Read a good book. Better yet, write one. Laff. Just about anything is better than worrying about your ebenefits/claim. Worry never robs tommorrow of its sorrow, only today of its happiness.
  11. @Tbird, Im trying, I saw on there like at one point it said i had no dependents on file, then the last time i checked fri it had wifes name, dob & age, right above that it said these are the dependents we have on file for your current award, and last column after name,dob, age, is compensation in the award column. So its like a kid seeing candy but he just cant have it. Been like that since fri in the prep for notification stage.
  12. I dont konw if you can appeal that or not. They may have awarded housebound on the basis of other criteria than just not leaving the house- it encompasses a lot of things. Read the notes and see what they say and you'll have a better idea of it. Not sure what you mean about the financial hardship issue, though. That may be a question for a separate post.
  13. Interesting. I will just wait to see what my packet says. What if i don't agree with everything stated such as housebound and SMC and I dont think I need it? Would it be a regular appeal? or is it something that can be done quickly especially if it's a financial hardship issue? EDIT: If i go to school 5 days a week and study all day there, obviously im not housebound nor need any SMC.
  14. @K Solo Pace yourself, it could still be awhile and your claim could go back to pending again. I'm not saying that will happen, but it might. If you have a service officer you can call him/her. Good luck - hang in there. We've been there.
  15. I have the same rating for MH, among other things. Im 'social' in that if people come over I can tolerate it, but I rarely if ever drive or leave the house. I get confused, social situations fluster me to the point of mood swings or high anxiety. Your doctors notes on your C and P can usually be found on MyHealthVet under the download for Blue Button. Id pull the last 3 months, or whatever time frame contains your C and P, and give it a read under the "Notes" part. You'll see the DBQ that the doctor filled out for your exam and his notes on the subject that went to the VA. I communicate a lot via computer- 2nd nature, and much more accessible to me. I used to be an IT engineer, Lol. Anywho, good luck. Read your rating letter when you get it. After 6 months or a year of stable 100% rating, Id write/email/Ebenefits them back and request a permanent and total rating. It doesnt change the amount, but some local jurisdictions require you to be P/T before you qualify for homestead exemptions and the like. Oh, yeah, with that said, check your local taxing authority- you may qualify for partial or full homestead exemption for your home, and in a lot of states you get 1 primary vehicle registered with no taxes if you can prove 100% disability. APply for SSDI kinda goes without saying, and check your school- you may qualify now under some state program or University policy for tuition exemption. If you have student loans, Nelnet and others have an application you can file with your rating letter that will remove/cancel your student loans.
  16. You rating criteria and whatever your doctor said, said that you are totally occupationally and or socially impaired, among other things. Have you read the 100 rating criteria for MH? Total occupational and social impairment, due to such symptoms as:gross impairment in thought processes or communicationpersistent delusions or hallucinationsgrossly inappropriate behaviorpersistent danger of hurting self or othersintermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)disorientation to time or placememory loss for names of close relatives, own occupation, or own name
  17. What does that entail? I currently don't work, I just attend school. Quit all my jobs since separation because of combined stress.
  18. You are receiving SMC-S and are considered 'housebound' for a majority of the time due to your disabilities. http://www.benefits.va.gov/compensation/resources_comp02.asp
  19. Here is some screenshots, kind of confused as to the different effective dates.
  20. Well, usually backpay comes first, then your actual amount
  21. Okay, I am still waiting for my notification letter, it was barely sent out on Friday. However, I will be calling my regional VA Tuesday to ask them about it. I filed within a year of discharge and my effective date is set for the day after my discharge so I should definitely be getting all that backpay aswell. Do they normally send one big check or how does that normally work?
  22. In your rating letter it would make a note of them. Did they add back pay for the time of the claim duration to your amount?
  23. Just check ebenifits and seen my claim is in then prep for notification phase, anyway way to check if its a yea or nae before packet arrives. The wait, the not knowing, the logging in and out since this past fri got me wanting to know like yesterday.
  24. Not housebound, How would I find out about is there is any SMCs? My individual ratings were 50% migraine, 10% scar, 100% mental.
  25. Housebound or SMC's?
  26. Hello everybody, My claim was recently completed and I received a 100% rating overall. It says my monthly compensation amount is $3425.99. I only have my spouse added onto the claim. Why would this amount be well over the official $3068 with a spouse?
  27. My mothers is on TRICARE; she had her own SS Benefits; but, when Dad passed, she received an increase. I'm mot sure what SBP is. I remember some sort of offset. I don't recall exactly what type it was. My brother told me that the state has some type veteran's benefits, also contributable to help the veteran's widow.
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