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Showing content with the highest reputation since 03/23/2018 in all areas

  1. 3 points
    Glad to announce the law in New Castle County Delaware has been updated to anyone who is found to be Permanent and totally disabled by the VA will be granted a residency exemption to their disability exemption standards for property taxes and such. Basically if you just moved here you don’t have to wait 3 years to get this exemption it’s automatically given to you and your new assessment for your home...
  2. 2 points
    Wrong. You'd get SMC at the (l) rate for loss of use of one hand and one foot plus SMC at the (k) rate. VA would list it on your confirmed ratings as SMC (p)(l +k). I use the lower case (l) but some may misread it as representing the number one. (l) is the way Congress expresses "SMC at the "L" rate with a lowercase L expressed as (l). SMC (l) is granted for (b)Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 USC 1114(l)is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance. SMC is like the Mississippi River. It even flows backwards in time to the day you first got that way. You can even pyramid legally. SMC is like an Erector set. You build it. You are limited only by your own imagination and ability to see it.
  3. 2 points
    Sure, Gastone. I just read his first post at the top. His wife left. Sayonara SMC (t). No caregiver = no dice. So... He says he is currently SMC (s)with a K-about $3380/mo. I could see him maybe being entitled to a 100% schedular for the PTSD but you have to be prepared to go up to the BVA to win it and especially any A&A. VA is going to choke and puke. Most guys work with VSOs and most VSOs would refuse to file it because they are good buddies with the raters and were taught never to help a Vet do this. Most don't even know what SMC is. Most attys. would shy away because he already has P&T- there's no money in it. There are about 800 Vet attys. you can turn to and 350 of us agents. That's a whole lot of you folks chasing good legal help. I have clients literally show up dying and asking me for help who have already been waiting at the BVA two years. Their VSO forgot to ask for advancement and never filed a Waiver of Review in the First Instance to prevent a remand. With the above disabilities mentioned, even if, arguendo, he got the 100 for the bent brain, he still has to show he meets the requirements of §3.352 regardless of what kind of fiction the good doctor writes on the 21-2680. VA wasn't born at night. They'll ask for a c&p. Does PTSD prevent you from feeding yourself? Does the MDD prevent you from attending to the wants of nature? If so, who changes your diaper? Bedridden? Can't dress yourself because your brain isn't working right? Can you heat up a Hot pocket in the microwave? Need help bathing yourself in the tub/shower? If all you can rustle up is you may be a danger to yourself or others, VA would have you declared unable to manage yourself or your affairs and assign a fiduciary to "be your financial caregiver". There are a lot of possibilities at play here. Pick the wrong one and you'll wish you hadn't. You can't recall a bullet... or a VA claim. If you are living all by yourself and asking to be rated essentially as burnt toast and need A&A, VA is going to ask themselves if you are playing fast and loose with the dictionary. To get into A&A, the very essence of it is what it means-AID & ATTENDANCE. If you have no Attendee to perform the Aid, how is it you could even make it to the doctor to have him fill out the 2680? Forget that 100% homie, it's time for domiciliary care.That's VAspeak for nursing home. My advice is to get married again pronto and only then mount up the posse and file for the (t). In cases like this the r(t) caregiver stipend is the greater benefit than SMC (l) for Aid & Attendance and already a proven need. Never try to reinvent the wheel.
  4. 2 points
    Please dont Post under different threads or topics-try to stick with the same one- Sometimes I prepare a reply- only to find out there is more recent info the vet has posted under a different topic but about the same VA claims issue. Then I have to change my whole reply....or I just delete it - so someone else will reply.
  5. 2 points
    Yes, you can collect VA disability and Social Security without any penalties. Is it double dipping, no. You paid into your social security retirement plan by working and you paid for your VA disability by serving your country.
  6. 2 points
    When you file the claim, at some point they will give you a C & P exam for PTSD. It would not hurt to let the examiner know you have a PTSD diagnosis from a private examiner...but what is more important is that CAB on your DD 214 and those Buddy statements are Great to have too. If you do not fall under the 2010 PTSD regulations (available here under a search), they will want proof of your stressor but sure might concede stressor, since you have the CAB. Make sure the VA has copies of all of your private medical records. 5 Buddy statements- wow...my daughter helped a group of vets who all had experienced the same stressor (Vietnam) and found each other years after the war. One of the vets attached to his buddy statement , a copy of his VA PTSD SC award ,and said this was the same stressor that the other vets experienced too. Not only did all of them get higher PTSD ratings, or were SCed for PTSD for the first time with my daughter's help but they also all got more awards for the stressor incident...one got the DFC.I rattled this story off before here- she had translated a Vietnamese document they found incountry that held their names and SSA /servicenumbers and they thought is was a hit list. It was a high commendation for their bravery due to the specific incident from a Vietnamese Officer. My daughter was a certified Vietnamese linguist ( USAF Intel) As long as they complied with the brief criteria here for buddy statements, the VA will consider and give their statements weight. Buddy statements: This is an eye witness account, and details help considerably. The statement obviously must be from a member of the same unit, same time, place, the veteran was in. The buddy should give their contact info to the VA-sometimes VA contacts buddys,- and they should sign it with an oath that it is true to the best of their knowledge or get it notarized. Send Copies to the VA ,and keep the originals.
  7. 1 point
    Here's a conversation starter (or not)... https://asknod.org/2017/06/14/tdiu-shulkins-new-albatross/
  8. 1 point
    Per M21-1MR, Part IV, Subpart ii, Chapter 2, Section H, this is the only info I could find regarding SMC K-1. I'm not sure if there is a difference between "anatomical loss" (as in it is gone) and "loss of use" (no longer works as expected), but assume whether you have K or K1 they are likely paid at the same rate. Other members may be able to provide more information.
  9. 1 point
    AirForceVet81, It appears you are eligible. According to what broncovet cited. Contact your VSO and ask for the program. You are eligible for RAMP if you have a disability compensation appeal pending (i.e. waiting for a decision) in one of the following legacy appeal stages: Notice of Disagreement (NOD) Form 9, Appeal to Board of Veterans’ Appeals Certified to the Board but not yet activated for a Board decision Remand from the Board to VBA
  10. 1 point
    There are four flavors of A&A. One is the first tier or SMC(l). Next comes r(1), then r(2). Last but not least is SMC r (t). It is staged into several tiers with the highest equaling the payment of r(2). Because the Veteran is from whom the entitlement flows, all funds are paid to him for disbursement unless he has a fiduciary. With a divorce, his ex-spouse loses her spousal entitlement. With no caregiver living in the home, Mr. 88 loses the smc r(t) and drops back to SMC (s). If the caregiver were someone other than the spouse, the $ would be paid to him/her directly. Buck is correct. If a new caregiver was found who could live there 24/7 and be trained by VA to provide the function, he would be entitled to the smc r(t) again. It would not require a relative but that would be optimal here probably. Again, VAF 21-2680 is rather pointed in what constitutes the requirements to attain A&A and especially any A&A at the higher tiers. CAVC precedence says you have to have "most but not all" of these problems listed in order to get the $. But if you only have one risk, it almost always has to be bedridden or blind. VA is pretty sticky when handing out these big ticket SMCs. I'd say there are less than 5,000 r (1) & (2) ratings out there. One thing no one discusses is r(t) is considered "transitional" as in 'you're going to get better some day and won't need it.' I've never done a r(t) yet, just a couple of r(2)s and and 3 r(1)s. I aced them all. With the PTSD rated for over 5 years, it's "substantially protected" but that's no guarantee. One thing I've found is the more screwed up you are, the less chance of getting dunned by a c&p and reduced. I did see a Vet get whacked at 19 years and 4 months. He fought to the BVA and got it overturned. These guys are vicious. Remember that.
  11. 1 point
    Congrats Mark.......I hope to be joining you in about 4-5 weeks. I go to Dallas VAMC every Monday morning for treatments so if you ever this this way on a Monday let me know........buy you a cup of coffee in the canteen. Happy Easter!
  12. 1 point
  13. 1 point
    My MST Coordinator is a trained psychologist (PhD) that is specifically trained to work with me through the therapeutic journey. I received CBT Training - Exposure Training - peer group referrals - yoga referral - and we touch base now once a year. I was initially referred and asked if I wanted a woman therapist. I am glad I trusted this man with my situation/ trauma. I personally did not need a female for MST - I just needed someone to empathetically listen, with therapeutic solutions. He did not assist with my claim in any form - VA policy. FYI
  14. 1 point
    @Togore101 Thanks for replying with everything! Both @L and Buck add value to this conversation and estimate of their side for your award. Likewise, one will never know how the VA makes its final determination. I've seen more extreme cases than this get denied, and I've seen lesser cases awarded 100% P&T. It ALL DEPENDS ON THE RATING OFFICIAL. As L points out, you've got some things against you that the rating official may use to deny your claim. Alternatively, the suicidal tendencies point to the more extreme. One thing I will say that could hurt the approval of this claim is your current employment status. I am not saying you should quit work. I am just saying that the VA looks at this as one that can maintain a certain lifestyle. VA's Rationale: if he can work - then why should he get an increase in an award? Meaning: No sign of his condition worsening. Also, keep in mind, now that you've open the Pandora's Box for an increase, the VA will snoop in every condition you have and could schedule other exams for these conditions. Its a slipper-slope you've got to navigate for an increase. Really watch your drinking. Don't ever let it cause you a domestic or violation of other laws. You do that and the VA will more than likely make life rough on you. Be sure and stay in treatment and stay with your prescribed meds. If you're not seeking help, the VA sees it has: He doesn't need help! You've got a little wait in front of you now for the outcome of this claim. What's done is done, so try and make the best of things until the VA prompts you for a decision. After that, you''ll know what steps to take next. No sense in worrying over things you have no control over. I've been there and drove myself (and family) crazy! A few elders on here finally convinced me to "LET IT GO" and occupy myself otherwise until the results were in for my decision. My best advice for now: Let go and let higher powers dictate what is meant to be. GB
  15. 1 point
    Time to get on the NOD Train, don't wait for the 11th hour of the 11th month. You're not the "Lone Ranger" as far as SA initial Denials goes. Who didn't have some sort of sleep issue while on active duty? How long after discharge did you have your VMC Overnight Sleep Study? Which type of SA (OSA, CSA or MSA) were you diagnosed with? I take it you're on CPAP. Is your BMI North of 28%, Neck 17+, large+ Tongue? Just having a Sleep Issue complaint and receiving sleep aid meds (RX or OTC?) while on active duty doesn't necessarily support a Direct SA SC. Did anybody ever refuse to sleep in a fighting hole with you because you snore? Any Buddy Letters submitted as supporting evidence?
  16. 1 point
    V, meant to ask, you're a Nam "BOTG" (Boots on the Ground) Vet with no current VA SC conditions? You're either one Lucky Dude or you qualify for the Nam Vet Procrastinators Club, which is it?
  17. 1 point
    The B's pretty much covered about everything you need to know regarding AO Claims based on the Current/Future Presumptives. Keep in mind, even if your DX'd Disability doesn't make it to the AO Presumptive List, you can still file an AO Associated Direct SC Condition for a DX. Much more difficult, but it has been done. Review BVA/CAVC Decisions regarding AO Direct SC for "Chronic Neuropathy," which for years only Acute PN was an AO Presumptive. Before Chronic PN finally made it to the AO Presumptive list (2013?), some Vets got the Award on a Direct Basis or on Appeal.
  18. 1 point
    You can scan and attach VA decisions here. Cover your name and C file # prior to scanning it. The Choose file button is below. Make sure we can see the date of any decision. I am totally confused already by your situation. We cannot file a NOD if the VA has not made a formal decision yet. The proper NOD form is here : https://www.vba.va.gov/pubs/forms/VBA-21-0958-ARE.pdf
  19. 1 point
    If you google 'Bad paper veterans" a lot will pop up such as: https://www.militarytimes.com/veterans/2018/01/26/dod-va-team-up-on-new-tool-to-help-with-bad-paper-upgrade-applications/ If you google Bad paper veterans hadit.com more will pop up as we have discussed thia situation many times here:
  20. 1 point
    If the VA was aware you were getting SSDI for a solely service connected condition I think you have case for TDIU EED. I asked for EED when I got TDIU and I used SSDI effective date as the reason. The VA did not deal with that issue but granted the same date for EED based on hospital admission. I think they di d not want to deal with the SSDI issue. They were aware of my SSDI award date. I think SSDI dates are a minefield for the VA and many vets have this potential issue. Thus they blow smoke to avoid granting such claims on first go round. I think your SSDI date and TDIU date should be the same on logical and moral grounds. VA usually scoffs at those concepts and sticks to warped letter of the law. It is worth pursuing.
  21. 1 point
    Another update.......finally got my BBE in the mail, so that's done. Confirmed everything I see in eBenefits and in my payments, so I guess I can breathe that final sigh of relief. Also received a small check in the mail yesterday from the Treasury Department for a refund on the VAMC co-pays I have paid on medical going back to this latest EED date where they brought me up to 80%. I had to contact the VAMC billing folks to ensure that my new rating was in their system, and while they were updating it, I also asked for a refund for the co-pays. (Yes, you have to ask them to do the audit so that you can receive the refund.) After a few days, the check arrived. The march forward continues on to the BVA now on the outstanding conditions and original EED. Good luck to all of you and thanks once again for the help and support I have received on here through the years. Have a great weekend! Mark
  22. 1 point
    I got an IMO from Dr. Anaise for Sleep Apnea appeal.......it was very well done full of rationale and medical documentation. I'm talking 40 pages here. I highly recommend him if you need a high quality strong IMO. I don't anything about Dr. Bash other than heard others say he puts out strong IMOs, too. .
  23. 1 point
    @PrettypanthaI received IU with PTSD 70% - Only .....I did supply my evaluations stating although I was a great employee, I did have focus issues. HR departments are notorious for not calling you back or sending the paperwork in. If you are able, I would go in person. It made my process easier. Search through the TDIU section of the forums here - good information -
  24. 1 point
  25. 1 point
    Congrats Prettypantha!


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