vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,107
    • Most Online
      3,604

    Newest Member
    Axhar
    Joined
  • Forum Statistics

    • Total Topics
      61,550
    • Total Posts
      397,242
  • Posts

    • Good luck. Sometimes you have to appeal. Good luck as I have had good luck on appeals. I would get an Independent Medical Opinion.
    • I had a C & P done recently., which was outsourced and not done at a VA facility.  When I called the toll free number, they told me that I need to make a written FOIA request.  They also said that the results of the exam have already been uploaded.  I would like to get my copy of the results as soon as possible and would drive down to the St. Petersburg Office to get them, but I am not getting any results trying to find out where the Release of Information Office is in St. Petersburg.  Your thoughts are appreciated.   Thank you.
    • The PTSD Forensic C & P Dr is required to be a Psychiatrist or Psychologist PhD, VA or contract Dr. The C & P exam is now based on the DSM V criteria. GAF's are no longer a significant rating component.  Keep in mind, prior PCP or Psychiatrist/Psychologist's non Forensic DX of PTSD is Trumped by the C & P Psychiatrist/Psychologist PHD's Forensic DX. The C & P Dr opined regarding Depression & Borderline Personality disorder, if Evidence of Record is currently in your C-File, a possible SC for either of those MH conditions is possible. As to your existing SA DX being SC'd Secondary to a PTSD DX, which you don't currently have, chances are slim & None. Per a Hadit posting this am, recent C & P Dr posted in the Vet's DBQ current Medical/ Scientific Articles indicating that PTSD doesn't cause SA, it's actually the other way around, SC SA can result in a Secondary SC for PTSD. Very Interesting! There are a great number of Elderly and not so Elderly SC PTSD Vets that have filed claims for recently DX SA as Secondary to their long standing PTSD SC's. This "New" SA research could be very problematic for their SA Secondary claims. Semper Fi  
    • He He... Unfortunately I sure have no contact with him as he not only quit his Vet rep job suddenly after I filed a 43 page complaint with the VA General Counsel on a  bunch of reps to include him,and including  their state director, who were giving out very inaccurate advice .He left town also They are all gone. It started with my VCAA letter and my 2003 DMII claim. The VCAA letter was illegal.Two reps and their state director said I was wrong.in writing! The BVA agreed with me, it was inappropriate in every way but BVA stated  I mitigated the damages with evidence to support my claim, sent with the claim but ignored by the VARO and awarded. So it took 6 years to an award but I hope their replacements  learned not to mess around with widows or defy the VCAA.I have no idea how many vet claims they messed up on.
    • Strictly a Lay opinion here, based on that C & P PTSD DBQ Dr's opinions and your responses, your definitely Fracked up. You definitely have MH issues that need treatment but I think a PTSD Award is currently off the table. Your still a Cop, carrying a gun, right? With your current MH State of Mind and continued Alcohol Abuse, I personally think you pose a threat to Civilians, other Officers and lastly yourself. You should get in front of this with your Dept, discuss your MH problems with you Dept's MH Dept. You can do desk work, give up the gun and continue earning a living. Your currently a potential Disaster, waiting to happen. Nobody, especially an "innocent Victim," wants to be the subject of a Police shooting, especially where the Officer has a Documented Medical MH Deficit History. I would be very surprised, if the VA isn't required to notify your Dept regarding your MH DX. regardless of patient privacy Laws. Semper Fi





Sign in to follow this  
Followers 0
Guest rickb54

Deleted

6 posts in this topic

deleted

Edited by rickb54

Share this post


Link to post
Share on other sites



SMC, 38 USC. 1114 "P" award-

The veteran has to be at a SMC level between L and O with additional independent SC disabilties rated at least (or combined independently) to 50 % or greater-

to be considered for the next intermediate SMC level ,but the 50% additional reg does not go over the "O" award.

Example by NVLSP" page 346, 2005 edition VBM:

Vet has SC loss of use of both feet-, also SC PTSD and back condition-

100% under DC 5110- loss of both feet,

40% limit of motion -severe- DC 5237 (spine)

30 % PTSD

The foot loss entitles this vet to SMC "L", the additional disabilities combine to 50% or above -and this entitles him to a step level- SMC L 1/2,

If this vet were 100% for PTSD, he would then receive the "M" award.

Does that help?

This is why the VBM can be invaluable- there is an entire section on the levels and the step levels of higher rates of SMC.

Also BVA decisions regarding the higher levels of SMC can help greatly to understand this facet of VA ratings too-

It can get very confusing-

often a vet with multiple disabilties that come under SMC must claim them in the best way for the highest rate-

I believe that two areas of VARO error affect vets substantially-

improper Nehmer retro awards and

improper SMC considerations.

The 1114 "P" award is rare but Max Clellan (former VA sec) and Lewis Puller (Chesty's son)could have gotten it-

(Triple extremity loss)

Edited by Berta

Share this post


Link to post
Share on other sites

Very few people in VA understand SMC, so it's not surprising we have trouble with it. It's an incredibly

complicated sytem that grew out of a bunch of private laws for individual veterans after WWI, was codified in the 1930s and continued to evolve into what it is today. SMC is a building block system with the basic award being SMC (k). A veteran with a below the knee amputation ratable at 60% is entitled to (k), currently $87 per month. The same veteran who is now legally blind with visual acuity <5/200 bilaterally is entitled to the next level, (k) + 1 or (l). When that level is reached the veteran is paid a flat sum monthly that includes all rated conditions, with a few exceptions. SMC(l) is currently $2977.00. More traumas and condition add more levels. I just did estimates for 4 polytraumaed guys from OIF/OEF currently recuperating in MTFs so they would have an idea what their incomes would be like once they RAD. They ranged from a 70% + SMC(k) to a SMC (m+1/2), conservatively because I don't yet have their SMRs.

Does anyone have access to "Dictator's Codes?" Can't find them on VA.

Can someone explain what this means:

Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

Share this post


Link to post
Share on other sites

Oh, yeah, when I wanted to file for DMII the VA person was sarcastic and said why was I filing since I already had IU. The fact that DMII could lead to complications never registered with them. I don't think many at the VA understand anything including CUE or SMC. One thing I picked up is that if the VA does not fight you over a potential claim then watch out because they are probably sitting on something that would give you more money.

Share this post


Link to post
Share on other sites

If you can get to 100% schedular plus and additional 60%, then you would qualify for SMC(s) which pays $2678 per month this year. But it has to be schedular.

Oh, yeah, when I wanted to file for DMII the VA person was sarcastic and said why was I filing since I already had IU. The fact that DMII could lead to complications never registered with them. I don't think many at the VA understand anything including CUE or SMC. One thing I picked up is that if the VA does not fight you over a potential claim then watch out because they are probably sitting on something that would give you more money.

Share this post


Link to post
Share on other sites

They didn't round you up to 100%? UFB! If I was your rep, I'd file a claim for increase specifically asking for 100% schedular, unless the IU award was within a year, then I'd file an NOD and ask for a DRO review when the SOC came.

VA can't give you a combined rating for asthma (DC 6602) and COPD (DC 6604) under 38 CFR § 4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

If they are giving you 60 and 30, you're probably ahead of the game.

Don,

That is what I thought. Interesting how the va has screwed so many of us by not awarding 100% vrs TDIU. In my case added up I am 200% disabled, combined I am 94.33 disabled... talk about getting screwed. In my case they rated my asthma(60) and copd(30) seperately instead of as one... which would be 100% by itself.. anyway I can't help but think that somehow I got shafted someware with this rating....

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0