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Buck52 last won the day on March 27

Buck52 had the most liked content!

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About Buck52

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    HadIt.com Elder/Moderator

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  • Military Rank
  • Interests
    Helping other Veterans& watching my grand-monsters grow up and driving my spouse more crazy than me eh!
    Vietnam Veteran

    Enjoy good old traditional country music

    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

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  • Service Connected Disability
  • Branch of Service
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  1. This maybe a favorable on your part like you said just be wait and see at this point. e benefits is un reliable as for as when they up-date things . but they do try to do maintance in the weee hours or on weekends Hang in there at least their working your remand!
  2. Today President Donald J. Trump visited the Department of Veterans Affairs to thank Veterans for their service, and VA employees for their work helping Veterans. While at the VA, the President signed an Executive Order entitled, “Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs,” and Secretary Shulkin made three new key announcements at the VA’s Central Office. The Executive Order is focused on improving “accountability and whistleblower protection” at the VA by creating an office dedicated to that purpose and the position of Special Assistant to the Secretary who will report directly to the Secretary and serve as executive director of the office. check out the link. https://content.govdelivery.com/accounts/USVHA/bulletins/1973df3
  3. Yes, you can request the VA to CUE them self back to the 70% PTSD Award date in 2010. if you were 100% P&T back then (2010) and recieved the 70% PTSD Award they should have inferred the SMC-S H.B. It meets the SMC Criteria when a veteran is at a 100% S.C. Rating and has another separate 60% S.C. Rating or higher then the VA is required as mandatory statue to infer the SMC -S -H.B. Check out these post here on Hadit http://community.hadit.com/topic/55711-am-i-eligible-or-smc-s-now/
  4. you should listen to the hadit radio podcast show on 4-27-17 , you can go to the podcsat and clink on that show date Jbasser and jerrel had Jame Cripps on the show and James talked about Veterans with PTSD and knew another veteran with PTSD that over came it, as in combat the daily things that was happening and learn to just put up with it and not dewell on the bad things that they witness and just learn to adapt to the circumstances....I for got what all he mention , you just need to listen to the show about 20 minutes into the show he starts to talk about it...it maybe worth your listening to as to how this veteran did not let PTSD Ruin his life. I realize what works for some won't work for others but I found that to be interesting.
  5. I don't think they send out the form in anymore (probably a VA sneak) to send out proposal's to reduce, I just send it in every year on my anniversary award date.
  6. Get on e benefits and where it says file upload a NOD Form VA Form 21-0958 fill it out be sure to put your claims # on it and why you disagree attach any medical evidence you have to support your claim and push send...also you may want to file a paper copy to the claims intake center,always make copies and anything you send VA get a certified sign return receipt. e benefits has got a lot better uploading forms they will let you know they recieve it/but to make sure they get it send in a paper copy NOD too! its just faster with e benefits.
  7. some times it can take months after BVA Decision, the BVA usually will send the decision back to your RO and then they send you the decision...hopefully it won't take months but just be prepared for it. unless this is a hardship claim? demeat EED means ''Earlier Effective Dates'' on claims. CUE means '' Clear & UNMISTAKABLE ERROR'' other members can chime in....
  8. No significance Advantage in filing the NOD The first 30 days none that I know of anyway. Just as long as the veteran sends in his NOD within one year from the date of his/her official Denial for that particular claim or claims.
  9. allansc2005 If you happen to see this in time, tonight at 6:00pm eastern time J basser and Jerrel have a hadit radio show with James Cripps and hiS friend on. ...it's tonight 4-27-17 you can call in and ask this question and get your answer and any other questions you might have. just call 347-237-4819 and when it picks up hit 1 an Jerrel or John will be right with you. They all are a nice bunch of Guys...Don't be shy buddy.
  10. He can request the 100% scheduler to the DRO and make the IU Moot but some times they don't do that. if he is already IU P&T it will probably stay that way...>JMO If they add up to 50% and more then that would boost him up to the SMC....or inferred the SMC S.HB like they did me because he is already at 100% IU or scheduler makes no difference. Remember SMC has no rating % tag its awarded when the veteran has a separate 60%rating with his already IU 100% RATING. The thing is will they use them as a separate S.C.disability? to meet SMC Critreia? but if he wants to be 100% scheduler I believe they are suppose to make the IU Moot. If it does then yes he can request his IU be moot and have the 100%scheduler rating. Its hard to say what a DRO will do? .I had a DRO Hearing and he went my way but only because I had new & material evidence (IMO) & the DRO Was decent and listen and read. I was awarded 90 % combined & rating and got the TDIU W P&T Not all DRO 's are this way so a lot of it depends on the DRO....> JMO 15 years down the road with being TDIU P&T, I filed a PTSD Claim and was awarded 70%...on that they inferred the SMC S H.B , But I am still considered to be TDIU P&T AT 100% Final degree percentage. Beings I can't work I never Requested to be 100% scheduler , however when I go to Check my e benefits S.C.disability's it has the round blue circle that has 100% in the middle and says you have a 100% degree final rating. So actually I am not sure how they have me rated now? other than a 100% final degree rating although I have SMC- S & SMC- K Good Luck on the 100% scheduler if he can work that be good,... I would too if I was able.
  11. Gastone I was 90% combined rating TDIU W P&T been that way for over 15 years. ok recently in 2015 I was awarded 70% for PTSD. I was given the SMC S H.B. b/c I met the SMC Critiera Now on e benfits it says this Total Combined Disability You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive. So is my TDIU Moot? Would peggy know? because I can't find anything with IU on it anymore on e benefits. I have educational allowances as my benefits and other benefits like GI.Bill
  12. As for as this veteran being rated 100% w/P&T the other ratings will not lean in toward the SMC RATING AT THE 30% %50%....if he had got a 100% rating for the Sleep Apnea then that would certainly change things and he would meet the SMC Criteria. To meet the SMC Criteria the veteran must have a single S.C. Single & separate distinct disability rated 60% or better.
  13. This is a little long to read but may shed some light. The benefits that are available for a dependent of a 100% schedular disabled veteran and a 100% TDIU disabled veteran are exactly the same. The confusion comes from the fact that it isn't the rating of schedular v. TDIU but permanent v temporary assignments of the benefits. Any 100% rated veteran get's the same money and basic benefits. The TDIU rating is simply a recognition by VA that the Schedule For Rating Disabilities (the Schedule) often falls short. The Schedule is where we get the term "schedular" as it applies to a rating. Because of the Combined Ratings Table (CRT or "VA math") some ratings won't make it to 100% by the schedule. Yet those veterans won't be able to hold gainful employment because of their multiple service connected disabilities. The TDIU ratings process recognizes that and compensates for it by recognizing that there are many vets who are unemployable because of service connected disabilities. In the end, the 100% rating of a TDIU veteran is exactly the same as a veteran who is rated 100% by the schedule. But wait...it isn't precisely the same...typical of VA. The veteran who is rated 100% by the Schedule is allowed to work. Many veterans who are rated as 100% schedular are working and earning good salaries. The TDIU rated vet isn't allowed to hold gainful employment because his 100% rating is contingent upon his inability to hold gainful employment. The real confusion starts when we determine whether or not the 100% rating, whether schedular or TDIU, is a permanent rating or a temporary rating. Any rating awarded by VA may be assigned as being temporary or permanent. A temporary rating is awarded when VA has reason to believe that there will be improvement in the rated condition. Many temporary 100% ratings are awarded for hospital stays, mental health ratings and treatments for conditions such as a service connected cancer. There is a significant body of evidence that says that many of these conditions will improve with treatment. A permanent rating is awarded when it is readily apparent that the chances of improvement of the condition are slim to none. Whether or not dependents of a 100% rated veteran are eligible for the enhanced benefits of DIC, CHAMPVA and Chapter 35 DEA are based in the permanence of the award. not the label of schedular or TDIU. Permanence is usually referred to as P & T. So...the rules are the same across the board. If a veteran dies of a service connected condition, under any circumstances and regardless of the overall rating, the dependent survivors are eligible for DIC. If you are rated 100% P & T (either schedular or TDIU) and you die within 10 years of the assignment of the rating, your death must be caused or contributed to by a service connected condition. If, within that 10 year period, you get run over by a fast moving bus, your survivors will not be eligible for any benefits. Once you have held a P & T 100% rating for 10 years, you may feel free to step in front of that bus and your dependent survivors will be eligible to apply for the enhanced benefits. If the 100% rating is temporary and even if you hold it for years, those benefits won't be there unless you die of a service connected condition. This is one reason that investigating secondary conditions is important. For example, if you have diabetes as a service connected rating, you are more likely to die of a heart attack or a stroke. If you are rated at 20% for the DMII and your demise is caused by a sudden unexpected heart attack, your surviving spouse is probably eligible for DIC benefits. But she'll have to know that and ask for it. source :'' Jim Strickland National Known VA Advocate ''
  14. JBASSER AND JERREL are having a hadit radio show tonight at 7:00pm eastern time withJames Cripps and his buddy....James always has some good information on Loss of use and lots of AO Information. how to apply and what to mention he helps a lot of veterans.