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VA disabilities changed?? update

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vern2

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Noticed today that my VA disabilities on eBenefits has changed from prior 30% for hypertension with mild pulmonary hypertension.

New disabilities: ALL SERVICE CONNECTED. Date of my claim is 07/12/2012, appeal on 7 October 2013 requesting DRO de novo review.

 

1. hypertension, 10% with date of 7/6/2012

2. ED, rating 0% with date of 7/6/2012

3. Diverticulitis 0% with date of 7/6/2012

4. Headaches, 30% with date of 7/6/2012

5. Paroxysmal Atrial fibrillation (PAF), 0%, with date of 4/10/2015

6. Athherosclerotic cardiovascular disease with pulmonary hypertension, 100%, with date of 7/23/2015

7. Hypertension with mild pulmonary hypertension, 30% with date of 05/10/2003 * This was already a rated disability

* I still have a SMC_K pending for loss of use of creative organ, noted that gave me ED, with 0% SC, so maybe I can get the SMC-K.

OOPs! found this in additional benefits:

Benefits
 

Special Monthly Compensation Benefits

You are receiving the following compensation Learn More

SMC (K-1) Effective Date : 07/06/2012

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ from 07/06/2012.

Rating Date : 11/03/2015

Wow, the SMC-K was filed in September 2015, but it was related to the ED claim that I had filed on 7/6/2012.

 

The note at top of list states 100%.

You have a 100% final degree of disability. This percentage determines the amount of benefit you will receive.

 

I am somewhat puzzled, as had prior 30%, then add 10%, 30% and 100% to reach a combined rating of 100%. I have read the tables as to how the VA determines the ratings, but still puzzled. I am still going to file an appeal on the Effective date, as no way that EF can be date the DRO made their decision.

 

This claim has been ongoing since came off AD in June 2003, filed claim in January 2004 and then on the hamster wheel!!

BTW: I did have a phone message from VA (DRO team leader)  VARO, yesterday,  but just stated he had called me with date and time.

 

So this may be partial success, but still felt the VA low balled me and unsure as to exactly what to do next. Do I file form 9 and kick it up to BVA or try to ??

 

Any ideas? Yes, I know the VA would  say be grateful and just move on, but I still feel like not getting my just and due benefits.

Edited by vern2
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so, if I finally get some $$, how do I send a donation to T-Bird as want to help fund the web site. I remember Pay Pal, but my account card has expired, just got notice on this last week. What other ways can we send donation?

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  • Moderator

Congratulations, and Thanks for remembering Hadit, and I will let her answer how to contribute.  I hope she sees this.  

Yes, if you dont agree with the effective date, then be sure to file a NOD within a year.  It sounds like, however, you have not yet received the decision yet, so you dont know what the effective date is.  

On ebenefits they always list the previous Dec as the effective date, because that is when COLA becomes effective, not that we will get one this year anyway.  So, in most years your pay will change effective Dec. 1 of each year.  This year, since there is no Cola, there wont be any change as far as Cola on Dec. 1.  

It is a very common mistake Vets make thinking that Dec. 1 is their effective date, by looking on ebenefits.  You have to wait until you get the decision to see the effective date..  

Edited by broncovet
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Congratulations on the win, vern2, and good luck in the future!!

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