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Showing content with the highest reputation on 06/30/2020 in all areas

  1. PEACHES1962

    100 P&T (Surprised)

    I am really excited and surprised to learn that I finally reached my 100% P&T SMC from the VA. I just wanted to express my appreciation to this website reading about others success and not giving up. I was truthful with my disabilities to my C&P examiners and when I doubted my issues would not be looked at seriously I found that they were. I often think about how I wish I would have done this years ago. I know back then that I did not understand the system and that all I needed were my medical records (enlisted and VA) along with understanding how my illnesses/issues were connected. I always thought that being female in the military was really hard, but proving your disabilities afterwards seemed unimaginable. However, I did it and now I am 100% P&T SMC. I am not going for TDIU because I really love my job and have no intention of quitting/leaving at this time. Thank you HADIT for assistance with my guidance in this process!!!
    1 point
  2. Earlier this month, I submitted a supplemental claim. Today, I went on va.gov to see if it showed up yet.
    1 point
  3. Medical records are only kept by facilities for a certain number of years. After that they are purged. If they didnt notify you when they closed (the hospital) those records may have been put into some form of storage for a period of time to allow people to get them, but the most ive ever seen is 7 yrs. Your VSO was probably looking at the actual claim file, and service treatment records, which will be different than any treatment he (your brother) may have received afterwards at private doctors. If you submit a claim we look for whatever you have for medical records on the federal side, and have you sign a release so we can go after private records (the 21-4142/21-4142a). Those records then live in your claim file. Your brother may have submitted a claim before where those records were pulled. Without knowing what you mean by "received from the hospital" vs what your VSO was reading its hard to say. When we request medical records from a facility we have a blanket request for everything between dates X and Y that you provide. If you didn't request everything on your own from the hospital they probably only sent you whatever you requested, whereas when WE do it they send us everything they have.
    1 point
  4. Ddsr

    100% P&T

    Congrats! Benefits include: • At 100% TDIU you have restrictions as to income. • Full healthcare with no copays at 50% or more. • Travel pay at 30% or more. • Dependent's pay at 30% or more. • VR&E at 10% or more. • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military. • VA dental or with VR&E or SC mouth or jaw injuries. • Possible SSDI (Time Limited!) • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!) • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare. • DEA (dependent's education) if you are permanent (P&T). • Federal student loan forgiveness or with SSDI. • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible • Space-A Flights (Cat VI) - Veteran only • Non-VA ER if you are permanent (P&T) • 3 free non-VA Urgent Care visits per calendar year at 50% and above • Check if you are also permanent as in P&T. • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions! • Hearing aids and eye exams and glasses are included with VA Healthcare. • Here is a link to all the federal benefits. https://benefits.va.gov/BENEFITS/derivative_sc.asp • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.va.gov/statedva.htm
    1 point
  5. Thank you, for going a little deeper into the SMC subject matter, Buck52. ie. 100% plus another disability rating at 60% or more. lmtanner1972 did write: I interpreted lmtanner1972 as having other disabilities that may be 50% or more. I thought he was also asking if he will get retroactive VA disability pay back to his initial filing? IDK, maybe or maybe not! It depends on what was written in his NOD? It's extremely difficult to give an accurate assessment without seeing what all of his current SC VA disability ratings. He may also be eligible for A&A. Hence the reason I mention joining Veteran 100% SC disability groups on Face Book. In one of those groups he would be able to take a screen shot, then redact his VA award letter, and post it to get a more accurate assessment from other VA SMC Veterans with similar SC disabilities. I'm rated at SMC now. Although my total VA SC disabilities add up to 370%. I'm before the BVA now waiting for the VLJ to make a clarification from the previous inept VARO remand decisions. I wish I would have filed a claim with the VA when I was discharged in the 70's. But, because I prescribed only Fiorinal by the USAF exit exam evaluating NP and was told I had to be missing arms or legs to get any VA benefits. Similar to AskNod, I finally woke up to the false and misleading information given at discharge and from VSO's along the way. I initially filed my 1st VA SC disability claim back in 'January of 99. I'm still on the VA hamster wheel sorting out the previous inaccurate VARO ratings and waiting for CUE retro pay. It should all coalesce by this October - November time frame. Good Luck to all with their VA travails!
    1 point
  6. scienter

    C-file

    ABSOLUTELY RIGHT! That's why you have to have your c-file before your BVA appeal because the RO can delete certain documents, it's all digital, and you would never know it. Now if you appeal the BVA decision to the CAVC, you get a chance to agree to what's in the record before the agency (RBA), and ask that other documents be added, but the RBA probably is not your entire c-file. The General counsel picks what documents are going to be in the RBA based on the issue before the BVA that the judge made the decision on, but if you two can't agree, then the court has to decide it. Further an appeal to CAVC is adversarial so a good experienced veterans appeals attorney who has done at least one CAVC appeal, and at least one before the CAFC is essential- or a pro se veteran who's on top.of his case and the law. This is not legal advice but my experience in going through this. The CAVC uses the ''clearly erroneous'' standard but there can be no plausible reason found for the BVA's decision or it won't be remanded.
    1 point
  7. @Vync i appreciate your reply and advice. i will go through the motions. not really a fight. just going to let the evidence say yay or nay. not much i can do
    1 point
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