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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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SMC Special Monthly Compensation
Subforums
SMC L and L 1/2
- 298 posts
286 topics in this forum
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http://asknod.wordpress.com/2013/02/27/special-monthly-compensation-what-is-it/
Last reply by jfrei, -
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DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 July 22, 2009 Director (00/21) All VA Regional Offices and CentersIn Reply Refer To: 211B Fast Letter 09-33 SUBJ: Special Monthly Compensation at the Statutory Housebound Rate This letter provides guidance for adjudicating claims involving entitlement to special monthly compensation (SMC) at the housebound rate based on a decision by the U.S. Court of Appeals for Veterans Claims (CAVC or Court) in Bradley v Peake. Background 38 U.S.C.
Last reply by Chuck75, -
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- 0 replies
- 6.2k views
http://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf EXAMINATION FOR HOUSEBOUND STATUS OR PERMANENT NEED FOR REGULAR AID AND ATTENDANCE 21-2680.pdf
Last reply by carlie, -
- 0 replies
- 274 views
New SMC Rates for 2021 http://www.veteranprograms.com/2021-smc-rates.html
Last reply by Buck52, -
- 5 replies
- 366 views
My current VA rating for veteran w/spouse is being paid SMC L1 since 2018. Last month I won my BVA appeal for CRPS both upper extremities but my rating did not change. The board granted the appeal but sent it back to the Houston RO to rate. Should I be rated "R" for having two separate L1 ratings or do you think I should be rated higher (at least O)? Can you become an HadIt patron with a 1 time donation? Be happy too. Current rated disabilities: L1 - Loss of use both feet rated on 8/24/2020 effective date 1/26/2018 (7-foot surgeries resulting in permanent use of mobility devices) L1 - (A&A) permanent need for Aid and Attendance rated …
Last reply by broncovet, -
I have 100% on a single rating for PTSD. I have 10% on GERD and others. {increase to 60% if i should} I have 20% on my back {My goal is to try to increase % on my back if i should} I have 10% on right lower extremity I have 10% on my ankle I have 10% on my hand TOTAL: 100% P&T on all of them. Should I continue to do more claims to increase, and add more new claims related to combat related? I plan on trying to increase GERD to 60%, and I plan on trying to get headaches 50% aiming to that percentage, migraines 50%, and tinnitus added 10% if i need to after 100% PT already. I also have others that is labeled 0% as service co…
Last reply by Veterano, -
- 2 replies
- 240 views
A veteran who is 100% T&P receives generally over 3k per month from VA and receives healthcare at no cost. Would this not automatically disqualify said Vet from A&A based on income restrictions? The posts I've read seem to take this income to count against the income requirement. What am I overlooking?
Last reply by Buck52, -
- 5 replies
- 583 views
I am 100% P&T with a 100% PTSD rating alone, from December 2017. I also have had to have shoulder surgery and hold a 10% rating for that, 10% for tinnitus, 20% for lumbar(back), 20% for right knee. The 100% PTSD made me paid at a 100% rate since. Here is where things get bad, typically I know we are told not to add disabilities when we reach 100%. However, I am quite literally slowly deteriorating now. For the last year and a 1/2, I hospitalized at least once a month from cyclic vomiting syndrome. It had made me lose weight,my health and any hope I had in life. My Wife has quit college to be able to take care of me. My kids are scared. I have so many notes becaus…
Last reply by meadows87, -
Due to some good advice and help on here, I decided to put in a claim last week for an Increase to my current PTSD 70% and SMC L. My wife is paid to be my Caregiver thru the VA Post 9/11 VA Caregiver Program. I had my Yearly Reassessment recently and the VA decided to continue my at the highest Tier, and listed me as not being able to Bath, or do activities of daily living without the help of my wife. My PTSD has been very bad for a few years, but I was scared to put in for an increase, as I did not want to rock the boat. As most of you know the VA has done alot to mess with me to include my recently being Reviewed, Even though I am 100% P&T. The VA actually reduced m…
Last reply by asknod, -
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So I have bad PTSD and I know its bad and pretty sure I have TBI but never tested. I was blown out of a vehicle in a training accident in 2001(actually video’d) and also mortared and rpg’d a few times during the Iraq invasion and medivac’d home for toxic therapy(brutal) due to a flesh eating parasite. I have all sorts of muscular Skeletal injuries and had a disk removed in my neck. I served in the Marines, NG, and active duty Army unit 2014. Since then I haven’t worked at all besides attempting to run a LLC from home to pay the bills which was unsuccessful. Even though the VA had me produce a income form straight up showing it was unsuccessful they still say I am workin…
Last reply by Sgtguy, -
- 0 replies
- 346 views
Here's a great story to start Spring. Janet and Donald are my oldest customers. Janet found me here in 2014 before I was accredited. She waited and bided her time waiting for me to get my license to kill. https://asknod.org/2020/03/09/bva-r2-you-cant-always-get-what-you-want/ Nothing, I mean nothing, could keep this woman from winning. She also snagged all the goodies on SHA and the auto grant without me. I do hope Cupcake will be that aggressive on my account if I get this ill.
Last reply by asknod, -
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- 2 replies
- 235 views
I am 100% p&t and just had a knee replacement on previous 10% service connected right knee that has service connection of 23 years. I also have one disability rated 70% and another rated 60% as well as others at lower amounts. I looked on ebenefits and it says I have a claim in for review of hospitalization that I didn't initiate. Do I now qualify for SMC S or another SMC? Should I be worried about my 100% p&t? Do I need to be doing something? Thoughts? Advice? Game plans? Help?!!? It was total knee replacement.
Last reply by broncovet, -
- 4 replies
- 562 views
Ok, so if you have tdiu, then Howell suggests you should also get SMC S..because you are not leaving the home "for work". However, at a minimum, read this: DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 July 22, 2009 Director (00/21) All VA Regional Offices and Centers In Reply Refer To: 211B Fast Letter 09-33 SUBJ: Special Monthly Compensation at the Statutory Housebound Rate This letter provides guidance for adjudicating claims involving entitlement to special monthly …
Last reply by broncovet, -
- 2 replies
- 381 views
Check it out. https://asknod.org/2020/01/11/vba-fort-fumble-va-down-for-double/
Last reply by paulstrgn, -
- 1 reply
- 391 views
Here's a good one. Fresh off the VBMS Computer. Thailand Vets can win. It takes finesse. https://asknod.org/2019/11/11/veterans-day-2019-udorn-rtafb-my-band-of-brothers/
Last reply by Valhalla0321,
.jpg.e44bfc54e15cfe08d4beee57d6e007bf.thumb.jpg.f081db058d78a82e7c2f950c94fb0743.jpg)
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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)-
- 53 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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