This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • PTSD-MST Treatment(s)
      Hi - I would like to add to this discussion without telling my 'torrid" story again - see above - Hope this is ok:  I got a call from the DRO examiner Houston TX -5/25/16  filed an NOD 4/2014 for an increase from 50%-70% since i did not add a Victim Impact Statement to my original claim in 2010 - I had to go through the PTSD program before I was able to write it.  This Victim Impact Statement got the inmate a 5 year denial as stated above, so he will not have another hearing until 2018 - that is the parole I am attempting to block - Permanently ( looking good should be completed by December 2016) I am stating all this to let you know the DRO called me and said"I have been thinking of you all day long, ever since I read your horrific claims file and your assault."  I was astonished as she related some of the detail I personally wanted notice and she acknowledged them- Validation in a sense.  I did get the increase to 70% PTSD ( Dr Vallett's IMO) and the Pending Depression at 30 % Panic D/O 30% =VA  90% and to my surprize she added the IU , since I had not worked in 3 years- The Depression and Panic were secondary to PTSD - I had filed a month or so later, so this along with the IU are still pending but since the DRO initiated this I am more positive it will go faster. ( DRO took 370 days -)     I retired from the Navy Reserves- 22 years and from Occupational Therapy after 20 due to an injury.  SSDI X 3 years -  This is not in any way a bravado type story, but I am grateful that my validation for my rape and attempted murder and ongoing harassment has finally been recognized. - Cathartic in a sense   as .... Buck52/ Broncovet / Berta/T-Bird say - Never  give up!   
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I'm in the process myself for claiming PTSD (MST) - You need to file a 21-0781a form with all the details you can recall, even if it hurts or is infuriating, there's all sorts of calming techniques that may help you concentrate to put all this down on paper. If you are seeing a Social Worker for PTSD, then you should be able to include that info, as well as any other evidence you can muster.
    • New guy here!
      Alright, so now, it is Memorial Day, I've got to break this habit of daily e-bennies check, strangely enough, today was the day that the status had changed to "Requested Documents are Past Due." I am just assuming that this is the C&P from QTC a little over two weeks ago...I should follow up with and give them a call (QTC) right? 482 Days since I submitted an ITF, and 326 days since my claims have been received. I know that I'm probably/possibly not done with C&P exams at this point either, especially since the evidence on hand for the issues I'm claiming for SC aren't descriptive like the Encyclopedia Britannica Of which, are only buddy statements. *tap* *tap* *tap*....at least it's being taken care of now instead of 20+ years down the road (for this initial process anyways) Oh, and to anyone who didn't know, this is not my first filing. I went through the IPEB/IDES/MEB while on AD. Naive as I had been, it was still wrong for those people who were assigned to help and guide a young buck through a portal to hell like they did, and probably still do to this day. I'm curious now though, to any information regarding persons who have also been through CL's MEB and found themselves backtracking claims to collect errors or input overlooked claims/injuries.
    • Miss Figured EED?
      Note: some of these dates maybe off..I need my C-file to compare the EED. And how they gave the EED. From what date did they start it is my main question. if they said they started it from 1998  that is CUE  because I know they didn't.....the first time this disability arose is when I had emergency surgery from the VAMC for Appendix surgery.I was sent to..the Audiology & Doc did a hearing test on me  and that was back in the 80's He stated my hearing was bad enough to receive Compensation and hearing aids...but I was working and never consider filing a claim until it got worse  in 1997..1998 is when I first filed for  the noise indused hearing loss...and tinnitus.....the tinnitus shows to be awarded a year before the hearing loss...which is all untrue  they awarded the tinnitus when I won the DRO Hearing.2002/and awarded the IU IN 2003..if they have all these records  the records will show I am right..if they don't have these records in my C-file  something is up with that...its not that much retro for them to be shredding these records if that's the case? I remember Flip mention they cheated me out of years of retro  on the 50% as well as the IU BEING PAID AT THE 100% Rate. But these dates I put up here is just my recollection from my memory and they could be off   so I need my C-file to do anything  if the VA is correct on the dates and I have no evidence to raise a fuss..Then yeah I will not file a Claim or reopen to fix this  EED I am Contesting since I seen that 1998 start date for the 50% on my 70% PTSD Award letter this year. I do have an ITF open started  back in Jan of this year. If i get my C-file and these records can prove my evidence is right and VA Cue...I will submit the INT...so hope I GET MY c-file in time.?? So hopefully by the time I get my C-file  I hope Asknod is crediting with his Aurthrozition/Certified to help Veterans.   ..............Buck
    • Miss Figured EED?
      forgot to suggest...you can ask them for an Audit. Then again they make a lot of audit errors. I got an audit after Regional Counsel Cued them on a claim I had that they refused to apply the proper regs to. In the audit however, it revealed that although they had to pay me 28 thousand, they forgot somehow an  additional 11 thousand too.  I sent them my handwritten calculations and they fixed that error very fast. They didn't want the Regional Counsel calling another CUE on them. Audits are deceiving because they look like the were done right. I have personally experienced however that VA does not know how to add,subtract, multiply ,or divide, in addition to being unable to read.
    • Miss Figured EED?
      Ms Berta the Veteran is me  and this was for my Military as Noise Ind used Hearing loss  and it has got so profound  it keeps me from doing my job I was trained to do after 25 years or so. I believe you and Flip help me with this claim back then here on Hadit...Flip and I corresponded by email back then and he talk with my spouse on the phone. Flip was the one that mention they messed up big time on the EED...ABOUT 18.000.00 Worth...but I was so happy I won the claim I forgot to submit the NOD...as Flip was upset pretty good that I choose a DAV SO to go with me to my DRO Hearing...if I had known now what I didn't know back then  things would be a lot different. Flip is enjoying his life now and got off Hadit...I hate to ask him for his help...I have my C-file on order...This has nothing to do with my recent PTSD Claim. altho they did give me SMC S1  H,B. and  rating at 100% I can't do anything until I get my C-FILE  and even then some of my records of this  may  may not not be  be there...since they took off that 1998 50% rating on myhealthvet.   .............Buck
    • Miss Figured EED?
      Buck if the whole search page comes up, the hadit links here  should answer your questions: http://community.hadit.com/search/?type=all&q=Date+eNTITLEMENT+aROSE+ssdi I think I used my husband's example there...If not...he had a claim in process for higher rating of his 30% PTSD.1994.And a Section 1151 claim. He applied for SSDI. Early 1993. They awarded first for the 1151 stroke but I prepared reconsideration because they (SSDI) didn't consider his PTSD. I found a regulation in their SSA manual that said they were supposed to consider all disabilities.He died with 2 claims pending. When VA finally got his PTSD SSDI award ,because it was dated during the same year he had filed for higher SC rating, they (VA) gave him, a very favorable EED of 1991, the same date of the SSDI PTSD award.The award came in 1997. 100% P & T for SC PTSD. He had been dead by then for 3 years. He never even knew the 1151 claim he filed had not only been won but that I filed FTCA as well. The "Date Entitlement Arose " is what Broncovet means. The posts I made in the search link are more detailed.      
    • Miss Figured EED?
      The EED was giving back to 1999 the year I stopped working because the DRO Quoted  We gave you an EED The date you fist filed for increase &the year you show to stop working However SS Records  shows I stopped working in 1997 & I stopped working in 1997 because I could no longer work for reasons of my SC Disability  and then I  Filed a claim ...and the EED was only for the 50%  ok they Adjusted that  and it was around 10.000 at the time  but should that went back to the date Service Connection was established? on my healthvet they showed I was 50%in 1998...I never got paid for that  and they only went back to 1999  as for as I can til. Now they took that off my healthvet...I was going to print it off but waited to late and now that is not showing up in my healthvet. I did take a screen shot and sent to Asknod to look at.  but we all know the VA makes errors and could have been a typo on there part.
    • Miss Figured EED?
      "Shouldn't they have went back to 1998  the date the vet was Service Connected?" No The established medical evidence at that time, per the VA, warranted the "0" However they might have committed a CUE in 1998 and had enough medical evidence to warrant at least 10% or more.  Still not enough info here to even guess. We don't know if the "0" was for the same thing they finally awarded the SC for. " I recommend this Veteran be reduced  at 0%compensation and with draw his Service connection Completely......Sign Dr  xxxxxxx  30 years experienced Medical Dr. " If that is verbatim ,that is an incredible statement even for a VA doctor to make. Can the veteran join us here and let us see his last decision?  
    • New VA Malpractice stats from reporter
      Broncovet Its good to hear your VAMC has a good Audology Dept I will never use mine Local VMC Until a Certain ENT Dr leaves. if I happen to see him no telling what I might do to him. For some lying and bad problems he caused me during my claim process...I can't stand to look at him. I go about 300 miles to my old West Tx Big Spring VAMC for my hearing problems and to get new Aids.

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Cavman

Above 100%

14 posts in this topic

Can you be rated more than 100% disabled and if so are you paid more?

Cavman

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It depends on your disabilities.

If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J

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It depends on your disabilities.

If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J

I noticed you are 170% so you get more than 100% pay. If I remember right aren`t you a PTSD vet?

Cavman

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It depends on your disabilities.

If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J

I've seen them mentioned on here before, but what are SMC S' ???

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SMC = Special Monthly Compensation

They are paid either in addition to (SMC K), or in place of regular ratings (all others). There are several different levels of SMC, and several different combinations of them as well. The most common are Housebound and Aid and Attendance, both typically paid at the rate of SMC L. Higher levels of Aid and Attendance are allowed, depending on the amount of care needed by the vet. They are typically paid at the rate of either SMC R1, or R2. If you are rated at 100% for a single disability, and have another single disability that is ratable at 50%, or 100%, then you are entitled to the next higher rate of SMC. This is in addition to the addtional 60% (single or combined) disabilities that jbasser spoke of. SMC is a complicated beast that is very hard to understand. If you want to learn more about it, it is governed by 38 USC 1114, and regulated by 38 CFR 3.350

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Can you be rated more than 100% disabled and if so are you paid more?

Cavman

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yes,

but you will only be paid 100% unless you are also rated for special ratings 1114(l-p)or s, then also the higher level aid and attendence r.

That's the only way I know to get more than 100%.

Ausgmblr

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If you are rated at the 100% schedular level the VA is supposed to "consider" you for housebound. You need some evidence to show housebound, but they are supposed to consider it because being 100% means you have a severe disability. In my experience the VA never considers it unless you claim it. This is what I have read in the Veterans Benefits Manual.

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I noticed you are 170% so you get more than 100% pay. If I remember right aren`t you a PTSD vet?

Cavman

Cavman, I have a single 100 percent disability for a Pulmonary issue and a combination of others totaling another 110 percent but rounded down to 70 per VA math. SMC S.

J

Edited by jbasser

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You can't get more than 100%! IF the individual had done the math or used the rating table, he would have seen the rating table only goes to 100%. If you don't know what your talking about, please don't ASSUME.

If this helps, I'm 305% by your math. You call it the VA math. Actually if you know why they do what they do, you'd agree with the math.

Your 100% whole when you entered into the military unless you had some preexisting conditions. If you had PTSD at 50%, Sleep Apnea at 50%, Left Leg Injury at 40% and Right Ankle Injury at 30%, this is how the DVA would figure your rating:

100-40 (left leg)=60 x 30% (Right Ankle)=18 +40=58 plus 10%(the bilateral factor) of 58 (6)=64 64 is your highest rating.

100-64=36 x 50%=18 + 64= 82 100-82=18 x 50% = 9+82=91 Your rated at 90% disabled.

I have posted this several times, but if you haven't work in the area of the DVA were they would LOVE to change the percentages, you could be rated at 50% instead of 90%. The DVA would lower the ratings Say get 10% for Sleep Apnea with a CPAP instead of 50%, get the picture. Not allow rounding on a 10 pt basis, but instead do it on a 5 pt basis. Do you know how many 100% disabled veterans would be reduced?

There is an old saying, "don't ask for something, you might get it!" In other words, what you will get will be worse than what you have now. This is why the Major Veterans Organizations are OPPOSED to this. Only those people that wish to have the numbers add up, don't realize that they are trying to screw themselves and everyone else to boot.

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The SMC (Special Monthly COmpensation) chart rates are well over 100%.

For example (this is without 2008 COLA in the last VBM)

a single veteran rated at SMC R-2 gets $7,232 per month-

we have veterans here who get more than 100%.

The M21-1 "mandates" that the VA MUST consider SMC as an inferred issue as John said.

I am fighting a CUE claim over this presently. VA did not 'infer' SMC in a prior 1997 decision regarding my husband- 100% PTSD and 100% Sec 1151.

They have to infer SMC in any case where the medical evidence warrants "possible entitlement."

My CUE claim however just become moot as now the VA has to prepare a new award for direct SC death and then finally consider the deceased veteran for SMC. The award letter I got last week was deficient and they are correcting it.

The posthumous rating must be 100% SC PTSD and 100% SC CVA (both supported by 2 separate and total SSA awards as well as VA ratings -I explained why here many times-and now 100% due to CAD due to DMII ).

I told them to keep the obvious "S" award and give him a posthumous higher SMC level due to the established medical evidence in the C file at time of his death.

Lack of proper SMC consideration in awards for 100% or TDIU as well as a lack of knowledge on the veteran's or vet rep's part -of this benefit -allows the VA to skim off retro by deliberately 'forgetting'to consider SMC comp- "mandated" per NVLSP.

If the medical evidence warrants a SMC award and the VA denied SMC or did not ecven consider SMC in a past final unappealed decision- a CUE claim can be filed against that decision.

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Lack of proper SMC consideration in awards for 100% or TDIU as well as a lack of knowledge on the veteran's or vet rep's part -of this benefit -allows the VA to skim off retro by deliberately 'forgetting'to consider SMC comp- "mandated" per NVLSP.

If the medical evidence warrants a SMC award and the VA denied SMC or did not ecven consider SMC in a past final unappealed decision- a CUE claim can be filed against that decision.

Berta,

Yes this happened to me but my CUE claim goes in this morning......thanks for the info.....

Edited by Teac

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This is awesome info, i had no clue u could apply for higher...i am currently 80% with ptsd and tdiu claims in....i need to investigate smc

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If needed you may request HBHC home base health care a team composed of nurse, mental health, occupational therypist, social worked, nutritionist, and chaplain as my husband has on a regular schedule. this could be considered in your request for rating.

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