tdiu Fully Developed Claim Question

[derenick52]

Hey All,Am currently rated at 90% COMBINED With 100% UNEMPLOYABILITY Since 2001,my right hip is 20%-Had my hip replaced in June,called the Disabled American Veterans Service officer in May-to file for Surgery convalescence rating for 13 months-which will take the 20% TO 100% and then to a minimum of 30% After 13 months-she said she is sending me the FULLY DEVELOPED CLAIM form and it should take a couple of months to process,and to submit my Surgery report,Did this about a week after surgery,obtained a E Benefit password in August and was listed as a Traditional claim,the DAV told me there was a error in processing,contacted my Senators office to check into the situation-SEE FIRST Attachment from Va and Second attachment from Senators office,this Claim would take me to AID AND ATTENDANCE-100% plus a additional 60%,For which I Qualify,then last week received a letter from Regional office- claim is delayed again,contacted the DAV as to what is happening-their response-SEE 3RD Attachment,The Va is now saying I am NOT eligible for FDC Claim Process since I am already receiving 100% Rate-?? I read the FDC Rules-says it can be used for surgery convalescence and Aid and attendance claims-?? Anybody had any experience with a claim like this-? THANKS For any advice,Happy New year

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Edited April 30, 2014 by derenick52

[meghp0405]

the convalescence is not a permanent rating therefore can not be used when determining SMC elgibility, aid/attendance or housebound benefits. I actually re-read that regulation today that governs this. If a veteran is 100% going into surgery, he/she is not entitled to the SMC for convalescence.

The items you showed are exact, but those do not apply if a veteran is already 100% prior to surgery.

I wouldn't get your hopes up quite yet.....

[derenick52]

Thanks meghp0405,in September I faxed the Dav asking them-if NOT Eligible for SMC-S-100% PLUS 60%,there would be NO point in pursuing this claim-all I would be doing is changing from 100% Unemployability to 100% Temporary convalescence,No point,just a lot of paperwork,they said No,you have a Valid claim,Am going to a DAV local chapter meeting tomorrow to get some input,probably to Federal DAV office bldg. next week,them 2 other Service officers backed them up,What the heck,these guys go to school for this,all this is doing,if wrong ,is bogging down the system with unnecessary paperwork,the extra funds would have been nice to pay for misc expenses-help with transportation,yard work,errand runner,etc, but such is life,will post any new developments in next week,Thanks again

[derenick52]

Hey meghp0405,talked to Supervisor of DAV Service officers for Seattle office yesterday,he confirmed this a Valid claim for SMC/S,He said if a veteran is going for a Pernament SMC/S Award,he has to have a Pernament 100% Rating,said I will get the SMC for 13 months,then back to 100% Unemployability,with the hip being at least 30% Minimum from the current 20%,SO we shall see,he said I should hear April/May sometime,will post award here when it comes thru,Thanks again

[derenick52]

Hey meghp0405,received my Surgery convalescence award letter last week-AM POSTING IT IN ORIGINAL FIRST POST-SCAN 1/2/3-Was Granted SMC/S For 13 months-my right hip went from 20% TO 100%-SCHEDULAR-My 100% Unemployability is temporarily suspended for 13 months-the hip will them go to 30%-I had 70/40/10 left to qualify for 100 plus 60%,There was input on this original post that I did not qualify,Hope the Award letter post helps for other Veterans,Thanks

[derenick52]

Hey meghp0405-see my post today PLUS SCAN 1/2/3-Award letter-Original post,thanks

[rmoreno]

I can still see SSN on scan 1.