Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

Bva Denied My Smc For 100% + 60% "s" Award . . .

Rate this topic


Recommended Posts

  • HadIt.com Elder

We are planning to have Carrie on the show next week.

We hope to get some clarification as to why the VA uses the Combined rating schedule over and above 100 percent,

Once a veteran reaches 100 percent, or IU his residual value should be zero.

Go get em Flip. I am with you on this one.

Basser

Link to comment
Share on other sites

  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

  • HadIt.com Elder

Berta - no, I don't think so. This guys added up to 80% using standard math addition and mine only adds up to 60% using standard math addition. The whole point is once you are 100% disabled they can't use the "combined ratings table," as it penalizes the claimant twice for the same disability(s). I believe it needs to go to the court. jmo

pr

Yes- and Jerrel told me Carrie might be doing a SVR show in the future on Bradley V Peake.

Yikes -I just remembered-

I think it is set for next week March 14th and he asked me to be on the show---I almost forgot!~

Flip- take them by the Goonyats on this one!!!!!!!!!!!!!!!!!!!!!!!!!!

Am I nuts or isnt this recent BVA decision from Steven D Reiss at BVA the same scenario as yours is?

Maybe you should ask the BVA by form of a Motion , to go CUE themselves!!!!!

Or ask for this specific law judge to re do your decision.

Or maybe the BVA had some valid rationale for the denial but I cant fathom what that involved.

Is the above the same BVA decision I posted the one you used to support your claim?

http://www.va.gov/ve...es5/1146258.txt

In Part:

“As detailed above, the Board awarded a TDIU, effective August 12, 2009, solely because the evidence of record, to include an August 2009 VA examiner's opinion, sufficiently indicated the Veteran's psychiatric symptoms are of such a severity that they alone produce unemployability. Accordingly, although PTSD has not been rated 100 percent disabling, for SMC purposes this disability satisfied the requirement of a "service-connected disability rated as total." See Buie v. Shinseki, 24 Vet. App. 242, 251 (2011); see also Bradley v. Peake, 22 Vet. App. 280, 293 (2008). Thus, at this time and given the absence of any evidence or assertion that he is permanently housebound, the Board determine if, since August 12, 2009, the Veteran's other service connected disabilities, separately or combined together, are ratable at 60 percent.

Since September 1, 2009, the Veteran's respectively service connected disabilities, other than PTSD, result in a combined 60 percent disability evaluation. For this period, combining the 30 percent disability evaluation for bilateral hearing loss; the 20 percent disability evaluation for a left ankle neurological disability; the 10 percent disability evaluation for tinnitus; the 10 percent disability evaluation for a left ankle orthopedic disability; and the 10 percent disability evaluation for a residual left ankle shell fracture wound scar, yields a combined 60 percent disability evaluation. Id. “

signed by

STEVEN D. REISS

Veterans Law Judge, Board of Veterans' Appeals

Link to comment
Share on other sites

  • HadIt.com Elder

Carla - I spoke to their intake guy and he advised me to wait for this decision. I'll be in touch with them, again, next week.

pr

pr - sorry to read about this set back.

This "ain't" the last bite at this issue for you, but I think your

deadline is 120 days but am not positive right now.

I too am interested in the Reasons and Bases.

Carrie - over at Bergmann & Moore, has been VERY helpful

with all of my questions in the past.

There's a contact on the homepage if your interested.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use