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What is HadIt.com Veteran to Veteran ?
The how and why for in the VA process for filing a claim for service connected disability compensation. We combine the Knowledge, Skills, and abilities of Veterans to provide other Veterans the information and support they need dealing with the Veterans Affairs system.
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Utilize our site and forum to research Veterans Affairs Disability Claims procedures benefits. Search for topics of interest. Join our active discussion forum and post questions to other veterans. All VA Claims questions should be posted on our forums. Register for a free account.
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All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.
Tips on posting on the forums.
- Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
- Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
- Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.
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SMC K
Explore Questions
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23 questions in this forum
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Somewhat confused on loss of use
Hello and I hope everyone is well. I am a little confused, on loss of use, I understand the term and the definitions etc. Where I am confused is do I apply for it. I asked the V.A. podiatrist to put it in my record for my right foot, she never did. In fact she spent 10 minutes with me, referred me for a brace and emg and hasn't seen me since. The emg showed some bad radiculopathy also by the way. I haven't been able to get a follow up though. We are talking eight months. I will be getting a mobility scooter this month from the V.A. or actually an Enhanced Motorized Wheelchair. I need to apply for the auto grant but I am unsure how to prove loss of use, do …
0 votes11 answers -
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SMC K
This was how my exam was written, I was denied. Not sure how to fight this one? DSM5 Cristerion D for FSD states "The sexual Dysfunction is not better explained by a non sexual mental disorder." In this veteran's case, her absent/reduced interest in sexual activity is better explained--and adequately and sufficiently explained--by her SC non sexual mental disorder. as well as her similarly absent/reduced interest in other typically enjoyed activities like interacting with friends, participating in leisure activities, hobbies, healthful eating, etc. What the hell???? So, if I were a man, and could get a pill then I would get SMC K, but because I am a…
0 votes9 answers -
Loss of Use for the Foot
To be eligible for SMC K for loss of use for my foot, does it need to be completely unusable? I got an increase in my flat feet from 10% to 30% today, I believe the reason is (have not received the BBE yet) is because both feet are numb from my ankles to my toes. Not I can still walk but do have challenges when putting on pants because I can't feel my feet unless it is a hard touch (they have done pin test on my feet and I have no idea where they are sticking it). It's also challenging when I dry off with a towel and need to balance myself on one foot. I am just not sure if that qualifies as loss of use. Honestly my biggest concern is they will become so numb I wou…
0 votes9 answers -
Smc-K
What is the procedure for filing SMC-K?
0 votes9 answers -
Backpay for SMC (k) or file CUE
Hello All, Brand-new to this great community. I was in the service from 1985-1989. I was honorably and medically retired with a disability for loss of use (right arm). 60 percent with a few scar disabilities. 60 percent loss of use 10/10/10 for scars. Last year I filed for PTSD/MDD/Somatic and was awarded 70%. But.... I was reviewing my disabilities in ebenefits and found that from 1988-2020 I was not getting the SMC (k) it was just awarded this benefit. - any thoughts - I tried to review all the payments but the information is limited I.e the payments are in ebenefits but not broken down by line item... Rated Disabilities Disability …
0 votes9 answers -
ptsd Special Compensation Pay for combat related injuries
Good afternoon all, I'm new to the forum. I am 100% service connected combat veteran who received 30% for PTSD. Under the USC 1115 it states that I can receive $376 for my 30% rating for special compensation pay. Do I apply for this or is this paid under CRSC? Thank you in advance.
0 votes8 answers -
Question about lower leg SMC K
Just had Toe surgery Cheilectomy with plantarflexory bunion osteotomy and screw fixation right metatarso palflexory joint According to Code 5280 When the big toe points toward the second toe, a bunion can form on the outside of the big toe. If the bony bump is removed by surgery, then it is rated 10%. If it is so severe that it is as though the big toe had been amputated, then it is also rated 10%. Otherwise, it is not ratable. This is what was told me the absolute maximum evaluation (with the exception of a temporary surgical or convalescence rating) for the foot is 40 percent. Actually this is the maximum combined evaluation that can be assigned for all disabiliti…
0 votes8 answers -
Award
I have a question for you knowledgeable Hadit Vets. I am TDIU. I put in for ED under Secondary. I was awarded the SMC-K no rating as ED has no rating. I then put in for TMJ and Bruxism. My question is why was it awarded with a percentage? I thought all secondary claims go under SMC? I absolutely want nothing to do with filing a new claim separate from SMC. I am already 100 and only want to put in secondary issues if needed. So the main question is do some secondary claims filed receive a percentage?
0 votes8 answers -
SMC K or SMC K1
On a recent eBenefits page I saw that I had been granted SMC K1. I'm only familiar with SMC k. Is there a difference between SMC K and SMC K1?
0 votes8 answers -
TDIU SMC-S eligible?
I have received 100% IU with an overall rating of 90%. My back rating was just increased from 10% to 20%. I am now scheduled for back surgery next month (not related to this past claim). I have been diagnosed (finally) by an outside surgeon with severe kyphosis and scoliosis. T2-L2 rod with fusion. I plan on applying for a reconsideration with SMC-S. Knowing back rating only goes as high as 60%, what are my chances? Does anyone have advice on which avenue i should take? It would be greatly appreciated.
0 votes7 answers -
Smc K for ptsd house bound
I’ve heard to apply and I’ve heard they will award for housebound for ptsd even filed and printed the form and see the doctor tommorow...but is this true they will award for this? I mean I don’t go anywhere I’m not fit for anything in public I never seem to make it to any appointments due to panic attacks ect.....is it this simple as filing the form with my pcp ect? she handles all my meals and keeping me bathed ect ebennies let me file for it and just gave me a link and with instructions to have my pcp to fill it out. anyone with any experience or thoughts, advice or guidance here? It’s so hard to even ask for help or get anything out of t…
0 votes4 answers -
SMC (k)
Have any Veterans ever received SMC (k) for loss of smell? Especially, if the Veteran has a 0% SC rating for it.
0 votes4 answers -
tdiu Smc K For Loss Of Use Of Creative Organ Due To Sc Back Pain?
So I am service connected for my spine (40%) Also SC for knees bilaterally And I am unable to ... It is too painful to... It is impossible to find a position that is bearable... The VA provided a pamphlet ... positions for intimate relations when you have back pain ... not kidding, got it from pain management department. This issue is well documented. So, is it ratable under 38 U.S.C.A. § 1114(k) below? And if so, should I address it with the request for SMC I'm about to post for suggestions? (I was granted TDIU and SMC was not addressed. SMC appears to add up to S for sure, but I am in fact recieving A&A services from the VA, so I'm also suggesting that A…
0 votes4 answers -
Theplasmaguy
Hi All, I am currently 70% IU, P&T since November of 2011. I also have a rating of 20% for my lower back. This comes up to a rating of 80%. I have been told that I qualify for SMC. I am trying to find out the details.Any answers will be greatly app[reciated. Thanks in advance.
0 votes4 answers -
smc s and Aid and attendance
ok guys, its been along road but again thanks for this site it litterally saved my life. Anyway i'm really out of it.. guess i've been this way for along time.. now its the no sleep for days at a time.. i'm going try fix that and make myself finally use the cpap.. My question is i am 50 percent sleep apnea 70 depression anxiety tdui pt. so i get paid 100 percent.. I really do not function well on my own and need help especially when i go in my ruts.. the place just because bad.. u get the point plus having someone around to help out just to talk with helps.. I filed migraines secondary sleep apnea . i think i'll win i have a nexus that will put me at 160 i think i'm so co…
0 votes4 answers
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Most Common VA Disabilities Claimed for Compensation:
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Our picks
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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- 41 replies
Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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- 13 replies
Picked By
Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked By
Joey Ross, -
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