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Hope I'm Not Jinxing myself and still with Questions

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ADodge

Question

So I hope I am not JINXING myself.  I have received notice from the DAV and also unofficially from ebenefits that a combined evaluation of S has been assigned as a result of the following actions:  and it goes on to list at least 10 different actions.  Some don't apply at this time and some just restate decisions that were already in place or made in the past. such as the rating of 60% for Asthma.  And the denial for COPD, restrictive lung disease, anxiety disorder and idiopathic hypersomnia.  It states the effective date which I feel is wrong but I wont NOD it since I currently have a NOD in for an effective date that goes back to 1984.  I also am not going to contest or appeal the COPD or restrictive lung disease decision for the same reason.  It's been hard enough just getting them to recognize the fact that the Asthma an in-service injury for Christ sake!!! 

Anyway I was given 70% !!!! for the PTSD (MST) which was very surprising!!!  And then Entitlement to individual unemployability.  And then there is this sentence that I don't understand which I hope someone can explain and answer what this benefit is.  I have read the official regulation regarding this benefit but needless to say it simply confused me even more because none of the regulations are written in plain and simple ENGLISH!!!  (And that really pisses me off  considering they were suppose to rewrite all these regulation so that they were in plain ENGLISH.  But that has not happened!  And for the ones that they think they have done that too!!!  Well I don't know who it is that is translating the complicated English to Plain English but who or whom ever it is, DOES NOT SPEAK OR KNOW EXACTLY WHAT PLAIN ENGLISH IS!!!)  

Sorry I had to say that.  Got distracted.  Anyway on with my question.  I don't under stand what the ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM Then there is a date.  

So if someone could explain that to me and I also was wondering if there is a site someplace where I could figure what the retroactive amount will be.  (I realize the VA will figure it out for me but I would like to double check what they are figuring)  Ya so I guess I don't trust them 100%   Does anybody else???

Thanks for the input and help.  Aileen

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OK SO in the continuing saga of this claim having been settled and now at 100%.  After going to the regional office in person and telling them to get rid of the dependent claim for my 20 year old daughter that was on my claim stuck there from the first claim.  That dependent claim that I had tried several times to remove back in 2015 and ebenefits had tried unsuccessfully to remove in 2015.  I was finally able to get it through SOMEONES THICK SKULL that there should never have been a dependent claim for my daughter on my claim.  And had they look at the original claim they would have been able to see this.  Personally I believe there are individuals that work at the Boston Regional Office that know all the tricks in the book of how to delay an approved claim.  Like how to set it on the back burner so they don't have to work that claim right away!!!  Now that might sound paranoid, but when I think about what is contained in my file and the crap I have been though with that office I prefer to call it intuition.  

So I hand delivered all the information regarding the need for a compassionate appeal to accelerate my claims and appeals due to terminal illness.  And then I told them that I found it unacceptable that fact that my claim show it was settled and all I was waiting on was the letter, then it was booted back to a waiting for more evidence status there by causing the settlement date to be pushed up to NOVEMBER 2016 sometime!!!  That November was unexceptionable.  Especially considering the error was theirs!!!  The person I was speaking to was all prepared to just brush me off until I said I wasn't gong to be brushed off.  That if he could not guarantee me that this issue of the dependent being the only stuck point having now been cleared up, which should now move my claim back up.  Then I will wait to speak to someone who can help me.  His supervisor or the person who actually works my claim!!!!  And so he told me to wait and I waited for about 20 minutes, while he disappeared down some hall.  When he came back he said it was all taken care of.  My increase should take affect in August and the claim would be worked on August 7th.  So I guess that is when they will figure out what they owe me retro.  

The next day when I signed on to ebenefits it reflected these changes it also reflected that I had requested a video conference with my form 9 on my appeal.  

I have, as this site is named so very well  "HAD IT" with all this BULLSHIT crap. HOOPS we have to jump through, number of times we are made to feel we are running around in circles, chasing our tails and getting nothing done.  We all have lives we want to live that DO NOT and SHOULD NOT  REVOLVE AROUND THE CONSTANT STRUGGLE with the VA!!!   For CHRIST SAKE every VETERAN that ends up going through this SHIT, ends up NEEDING a GOOD 6 MONTHS WORTH OF THERAPY, then ONE HELL OF A GREAT VACATION!!! Just so they can get back to LIVING LIFE!!!.   :wacko:

I am so GOD DAM EXHAUSTED FROM FIGHTING with them.  And it isn't over YET!!!  I STILL HAVE TO FIGHT THIS ONE LAST APPEAL!!!   I HAVE TO LIVE LONG ENOUGH TO FIGHT AND WIN THIS APPEAL!!

AND I WILL!!!!    :biggrin:

 

 

 

Edited by ADodge
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On ‎7‎/‎10‎/‎2016 at 7:48 PM, ADodge said:

  

As far as it goes for the SMC S I didn't apply for that it seems to state I am being granted it, I think?  But I am not really sure why?  That is what I was asking.  What exactly is the criteria for getting SMC house bound with an S rating at 100%?  

Aileen: IMHO  You were granted SMC because it is what is known in legal terms as "Statuatory" (hope I spelled it right)

in plain English, it means you are unable to leave the house to go to WORK and has no bearing on other activities you leave your house for.       Hope this helps...  Reminds me, I have to file for SMC S one of these days!!!

 

 

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  • HadIt.com Elder

When a veteran is 100% from a original disability and files another S.C. disability that is rated at least a 60% rating  then VA has the duty to assist with a statutory rating  for SMC.

Some times they don't do that   but hopefully the veteran will catch it.

SMC pays an extra 347 monthly with spouse.

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On Saturday, July 09, 2016 at 9:19 AM, asknod said:

 

As for the other claims, always file a NOD. If you file and lose without appealing, you are implying you filed a false claim basically. Why else would you file for something if you did not feel you were entitled to it?  Never throw in the towel or VA will be back to chisel away at what you have already been granted. 

This, alllllll correct, YOU never lay aside your Weapons soldier, pick that shit back up and march onward.

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ADodge,

I am picturing you as the frog that choking the Heron that is trying to eat it! You just keep that death grip on the "Heron's" throat and don't let go!!!

Semper Fi

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