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Lou

Paid As Smc L1/2 & Now Aquired 3 Secondary Ratings

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Hi there,

Disabled USAF Vet. at 100% lupus(actually have Behcet's), 70% Dysthmia, 10% knee, 0%ED(receiving SMC K for this?), with A&A. I receive compensation under L1/2 for Spouse and 2 children(+SMC K). I have Obesity now due to my Behcet's which severely limits my mobility and ability to exercise and loose weight.

I just received some Medical Opinions and Support by several Doctors that used the KEY WORDS, "It is at least likely as not...." For DM2, Hypertension, and "Severe" Sleep Apnea. All 3 deemed as being caused by the medications and Obesity I have as related to my Behcet's.

I have GERDS but was denied it as being by Behcet's previously, but with Obesity being recognized as my cause of other problems now, I should be able to reapply again I assume as being Secondary to the Obesity and the Medications that cause Obesity and digestion problems?

What are the possible new SMC rates I may see? (I doubt they will denie the connections as they are supported by Medical Opinions from Dr's they chose).

Possible to get into the Rating awards in SMC at a levels higher than L1/2, M, N, O/P, R, or S?

To excited and curious to wait for the VA Board to go through the Red Tape and get back to me sometimes in the next few months(If lucky). So if anyone understands how the Ratings and SMC usually work, please feel free to speak up. :-)

Thanks!!

Lou

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Even though "S" seems later in the alphabet, it is actually less of a rating than "L". You can have up to 3 "K" awards. Loss of bowel and bladder are easier to add than most any other ratings, but remember that the "P" ratings of P-3 (additional 50%)or P-4 (additional 100%)can only be added one time and it can be either/or, but not both. P-1 is extreme loss of extremity and P-2 is loss of eyes basically. So, L 1/2 can jump to M 1/2 if P-4 is used.

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Thanks for the explanation on it, so basically I'll be given a rating of whatever the board decides it's worth and if I understand it correctly then....

Since the VA can play Devils Advocate as they often do then minimal I can expect is 3 new K ratings at $96.00 ea.(3x96=$288.00) in addition to the L1/2(+1 more child and A&A) I receive now? But if I'm lucky and the VA stays honest I can see M1/2(+1 more child and A&A) plus 2 K ratings?

I think I started this case back in 2002 initially, so would be sweet when Retro Pay is calculated. :-)

Peace and thanks again!

Lou

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Lou,

The higher rate $ amount tables can be found at va.gov

The "S" rating hasn't been used in years it is housebound, and it's a little lower, than aid & attendance.

Look at 38 USC 1114(a) "Start there (b), ©, --there are 8 pages of law on the different letter classifications;

(l)A&A (k)thru (n) and intermediate rate provisions.Then (o), (p) maximum rates. Then R1,R2 R2 needs professional daily care, contrasted to R1 need for regular daily care. R2 is in lieu of long term home/hospital.

M onward are amputations and injury to different body parts, legs, etc then eyesight & hearinglosses were added.

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Well here's an UPDATE.......as of Feb. 2009.....

I was granted not "3" Claims by the BVA.....but, "4"!!! heheh Yeaaaahhhhh!!!!

Sleep Apnea (Severe as I use a Bi-Pap).

Asthma (Take 2 meds for it, 1 Daily Nebulizer? To prevent and the other Ventolin 2xDay as needed).

Diabetes Mellitus 2 (Diet Control, Metaformin, keep getting Dumping Syndrome lately).

Hypertension (Take 2 Meds to control it, otherwise I avg. 150/100).

So at L1/2, wonder what the 4 above will bring me too for the SMC Ratings?

Oh wait now the BAD NEWS......hey we're dealing with the VA you know shit happens!

My Ratings request went to St. Pete's RO Rating Board and I just found out I'm behind 10,000+ delayed Rating Claims!!!

IS THIS CRAZY OR WHAT????? 1 Step with the BVA going forward since opening case in 2002/2003. Now 3 STEPS BACK with a hell of a loooonnnngg wait it seems!

To top it off, they want me to do more Health Exams to help set the ratings....."Uhm duh, like I am on medicine and controlling these granted conditions.....what should I do...jump off all the Meds I use to keep me going with these Secondary Conditions just so they can see how SICK I can really get???" These boards are driving me TRULY NUTS!!!

So any ideas on how I can get this thing expedited, besides letting myself get foreclosed on so I can claim Financial Hardship. I'm not that bad yet, but we're just staying a float, making it from mos to mos.

Should I tell them to take their exam and STICK IT????

Should I say fine, getting it done through Private Doctors of my choice with my own out of pocket due to Ratings Boards biasness IMHO since they already want me to get more exams rather than just look at the Current Medical Records.

Can't believe this I waited 6 years for the BVA to meet me on some Granted Conditions and now to have to play the waiting game again and who knows how long with 10,000+ ahead of me! Any guesses?

Any tips, tricks, ideas to get my ratings done sooner?? I'm all EARS! ;-)

Peace,

Lou

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Lou..

I also receive AA at the L rate and I still don't understand how they award the ratings. I as understand it they don't base it on how bad off one is but a formulary that is complicated to me...however saying that I would suggest you go to the BVA Appeal website and put in the search "Aid and Attendance" using 2008 as a starting date..you can go back further or else pull up what they have for 2009 but you will find how the board rules, what they look for and how they apply the ratings to the veterans disabilities. You will see what most Veterans do wrong during their exam or how they answer the questions posed to them by the Dr. examiner..you will see the difference between being "Housebound" the percentage needed for the Housebound rate and requirements for AA. Here is a link to go look at the cases:

http://www.index.va.gov/search/va/bva.html

Have a good day Lou

Robert

Hi there,

Disabled USAF Vet. at 100% lupus(actually have Behcet's), 70% Dysthmia, 10% knee, 0%ED(receiving SMC K for this?), with A&A. I receive compensation under L1/2 for Spouse and 2 children(+SMC K). I have Obesity now due to my Behcet's which severely limits my mobility and ability to exercise and loose weight.

I just received some Medical Opinions and Support by several Doctors that used the KEY WORDS, "It is at least likely as not...." For DM2, Hypertension, and "Severe" Sleep Apnea. All 3 deemed as being caused by the medications and Obesity I have as related to my Behcet's.

I have GERDS but was denied it as being by Behcet's previously, but with Obesity being recognized as my cause of other problems now, I should be able to reapply again I assume as being Secondary to the Obesity and the Medications that cause Obesity and digestion problems?

What are the possible new SMC rates I may see? (I doubt they will denie the connections as they are supported by Medical Opinions from Dr's they chose).

Possible to get into the Rating awards in SMC at a levels higher than L1/2, M, N, O/P, R, or S?

To excited and curious to wait for the VA Board to go through the Red Tape and get back to me sometimes in the next few months(If lucky). So if anyone understands how the Ratings and SMC usually work, please feel free to speak up. :-)

Thanks!!

Lou

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