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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.
What can I do here ?
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.
How to get your questions answered.
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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Most Common VA Disabilities Claimed for Compensation:
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R. 1 and R. 2
Explore Questions
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0 votes0 answers
16 questions in this forum
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SMC-T and what does this mean exactly?
What exactly does this mean? I. VA Interpretation of Public Law 111-275 Under this proposed rule, VA will directly implement 38 U.S.C. 1114(t), which states that an additional award of SMC is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for additional compensation under 38 U.S.C. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care VA would also make clear that a veteran entitled to this benefit shall be paid during p…
0 votes3 answers -
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Am I there yet?
Yes I am there. My appeal only took eight months. In October , 2015, I was awarded loss of use of a hand and a foot and got the vehicle grant w/adaptive equipment and the SAH grant. I appealed that decision because upon any new 100% grant the VA is obligated by statute to consider A&A as an inferred issue and they failed to do that. In December 2015, I appealed the decision because A&A was not considered as an inferred issue. My contention was, I was awarded SMC "L" for loss of use of two extremities in the decision. Had the VA considered A&A as an inferred issue at the time of that decision as they should have, I would have qualified for regular A&…
0 votes25 answers -
Help?
Is there anyone I can get to help me fill out my application for SMC(t)?
0 votes1 answer -
Working Toward R-1
I recently filed a claim for the VA to look at my total record and determine if the totality of my service connected condition combine qualifies for a second SMC L-aid and attendance determination or that of SMC O or R1. I had researched the BVA site and internet the last few years and found that such determination where, for a time, hard to find. However, now there seems to be an abundance of search determinations for me to review and pattern my case by. One case that is very similar to mine is actually posted here by Jamescripps2, I believe his name here is. Also, I have profited greatly, knowledge wise, from periodically reviewing ASKNOD. His post are a combination…
0 votes7 answers -
Sent notice of scheduled c&p for aide and attendance
I am rated 100%. I am a recent lower ext amputee due to rated diabetes. Had my va claims helper fill out claim for smc k for loss of foot. He also applied for housing adaptation grants, and informed me of clothing allowances and auto grant. A few days ago i recieved overnight fedex, notifying me of cp exam for aide and attendance. I think it is for smc r1. Is the r1 pay rate in addition to my va disability rate? Or is it one or the other?I also recieve the smcs pay in with my va disability check. This is all new to me. Thanks for replies
0 votes8 answers -
New SMC rating?
I am currently rated SMC (L-1) Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of loss of use of both feet from 01/2018. I had submitted a claim for sleep apnea based on weigh gain and submitted an examination for permanent need for aid and attendance to show that I could not exercise properly. The sleep apnea claim was denied but the VA approved a second SMC (L-1) Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance from 08/2019. Do you have to submit a claim for additional SMC b…
0 votes0 answers -
Mistake
Fellow Vets. Be careful when you put in for Special Monthly Compensation. I put in for TMJ and it never was filed under SMC. It was filed as a new claim but I attempted to file the claim on E-Benefits using SMC and well it was not put in as SMC. I was granted 10% TMJ which did not increase and no retro. I am now trying to appeal it, or let me rephrase that. I am sending a notice along with form 0995 as supplemental stating there was an error in filing. We shall see.
0 votes4 answers -
SMC (R1) EXAM: IS SMC (R1) A PHYSICAL EXAM OR VERBAL?
All, Does anyone know if the SMC (R1) exam is a physical exam (ROM DEGREES) or is it an INTERVIEW or combined? The thing that is confusing me is that according to the VA, this SMC (R1) exam is scheduled for 4 hours? I was told that a form 21-2680 is going to be used by the VA medical provider? I would like to prepare myself for the type of examination (verbal or physical or both). CP
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SMC- R1 EXAM APPOINTMENT, WHAT TO EXPECT? HOW TO PREPARE?
Fellow Hadit members, I am reaching out for advice in regards to an SMC-R1 exam appointment for 100% PTSD, bilateral sciatica (40% L, 40% R, and lumber50%) coming up in 2 weeks. I am filed for SMC INCREASE (+) TO SMC-R1 for A/A due to the ongoing deterioration of my conditions. The reason for the increased file is due to my bowl and bladder problem, the limited mobility of my legs (have fallen, unable to do any minor activity), and my ongoing PTSD which has gotten worse. My wife and sons are taking turns assisting me with the day to day tasks (bathing, dressing, standing, in/out of the vehicle) and need to observe/monitor me due to my PTSD aggressive reactions,…
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I think i am there
R 1 states if u have in home care by a licence agency under the care of rn. Well I just got a&a from the va hospital for 2 day 8 hr. Which was a refferal It is all pay for by hospital. On paper work it say with out these services I may need nursing home care. ? I am 100% iu p&t for my neck 60% depression 70% elbow and hand 40% for over 20 year with no smc. What my chance
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White House hotline
what is the White House hotline? does it work? any tips for using it?
0 votes1 answer -
How to get from SMC L to R2 in six months
As promised, I attach a big winner. I've never found so many CUEs under one rock. Kev's DRO reviewer called him up to tell him he knew more about SMC than she did. My name never came up fortunately. Redacted DRO for R2 for Kevin.pdf
0 votes16 answers -
R1 to R2
Now that I am rated at R1, my wife asked me the other day how do you get to the R2 SMC rating? That question I would like to know also. My wife does give me bowel and bladder care regularly due to my MS, and she is paid by the VA monthly for that. Thanks for any help.
0 votes13 answers -
ptsd From S to R2?
I was most recently diagnosed with a seizure disorder and was referred to University of Pittsburgh for a case study along with the Mayo Clinic. Here is his letter Attention Mayo Clinic/University of Pittsburg concussion Center ; As noted in Mr. Frei’s history, he underwent severe trauma while active duty military. He has since been retired from the military with posttraumatic stress disorder and traumatic brain injury which is not fully been compensated yet. Traumatic brain injury is definitely a component. I have been his primary care physician for approximately the last year as he has started with the VA in Wilmington, Delaware. A…
0 votes13 answers -
hearing loss Do I have a chance at R1 or R2?
I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available. My question is this, Do I qualify for the SMC R? At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialis…
1 vote10 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!-
- 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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