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Msgt Ret
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Posts posted by Msgt Ret
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1. I had no attorney.
2. What I posted was everything that was sent to me.
3. I am that person from Georgia and a MSgt. Retired Marine.
4. Gaston Miss Bertha pulled up the BVA letter and that is me. I have not posted select pages I posted the pages that I was provided no other pages were provided to me and I’m not seasoned enough to know what I should’ve received and what I should not of received. I am being completely honest and I Thank all of you for you time and help. I asked for assistance just because of everything that I posted.
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I was never provided a raters IU Decision letter The only letter I received was the one that I have posted already
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Ms Bertha I apologize for incomplete information.
i started getting SSDI in 2012 the claim was filed in 2010. I never received anything from Social Security stating what disabilities I was awarded Disability for.
The docket number for the BVA is 11-07983 I do not see a citation number
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Gastone I was not awarded IU until February 2016 this was made RetroActive to September 2012. I posted this here also to Bertha. I first filed this claim in 2008 I appealed the decision because it did not increase any of my disabilities I had claimed. In 2015 the Appeal judge remanded it to Atl. February 2016 Atlanta Va granted TDIU no further exams 100%. No mention of housebound so when I was reviewing other decisions I saw the Housebound already awarded.
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What I just scanned in is basically all the info I have. It is page 3 and states “your overall or combined rating is 100%”. Then it states that they have enclosed VA Form 21-8760 “additional Information for Veterans with Service Connected Permanent and Total Disability”
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The reason that I don’t want to submit a VAForm 21-2680 is because in April 2015 I was diagnosed with stage 4 Lung Cancer NSCLC. I had surgery to remove left lobe. In 2016 Cancer spread had emergency surgery to remove spleen, left adrenal gland, left kidney, 10% pancreas, 5% stomach and scraped diaphragm. With these non service connected disabilities they would find that I am housebound. But would they say I am not entitled now.?????
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Correction it was September 2012, yes I am Permanant and Total.
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Nobody assisted me but DAV sent in my paperwork and were of no assistance.
I did not appeal this decision.
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To help clarify I can be reached 678 243 8441
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First Thank You for taking the time to help me with this confusing situation. Yes they are withholding because of Mil Ret payments. I’m not combat seasoned. I’m trying to be clear on this matter but I had a lot going on. I will post more info.
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28 minutes ago, Buck52 said:
Msgt Ret
Make sure they never paid you for the SMC's? check the rating pay tables on what you are S.C For.
if you just been getting your regular pay on 100% with dependents make sure there not adding the SMC's to that. about 34700 extra with spouse and 103 extra for the K ABOUT 450.00 $$ ON TOP OF YOUR 100%
Some times the raters don't catch the SMC Criteria and don't grant it.
The severity of the condition is what they look at if it is rated high enough that would change the outcome of your compensation With your other ratings combined up to 60% past 100% then its mandatory they assist in you meeting the SMC Criteria...they have a SMC RATING TABLE they look at to see if you meet the criteria for certain SMC s K OR S h.b. or what ever letter your SMC meets that criteria for.
I was reading something the other day that when a veteran has a combined rating of 70% and used the 4.16 to meet the critera for IU THEN HE IS NOT ELIGIBLE FOR SMC S EVEN IF HE HAS ANOTHER CONDITION ABOVE THE 60%
I need to research this more.
What is the 4.16 criteria for IU or can you tell me where to look
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I am getting K thank you for pointing that out
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5 minutes ago, bleggett29 said:
Msgt, it also looks like you may have been eligible for SMC K for Loss of Use since the time ED was awarded.
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Do you know or can you speculate why I need to do a VA form 21-2680? If it were you would you? I have had many c&p exams on my legs and for my back. I had to stop work in 2012 because of my back and legs. I began SSD in 2012 and OPM disability retirement in 2013. I was told that I would not be able to return to gainful employment.
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1 hour ago, broncovet said:
The letter you posted does "not" indicate you were awarded SMC S. Further, this does "not" appear you are at 100 percent. More likely (I dont know how many dependents), you are at 90 percent.
If you got it off ebenefits that you have been awarded SMC S, and not this letter, then that is different.
THe va math may have bit you.
On page 4 it states we granted entitlement to special monthly compensation effective May 21, 2910, because you are housebound. As of May 2012 I stayed at 90% but individually unemployable and being paid at the 100% rate. No further exams
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6 hours ago, Berta said:
Can you scan and attach here a copy of the SMC award letter?
Cover the C file # ,name , address prior to scanning it.
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I was awarded SMC S and have not been paid. I submitted a claim for compensation and was told to submit VA Form 21-2680 my problem is I was awarded this in 2012 back dated to 2010. I received a increase in compensation but did not know of the monetary benefits of SMC S. I am afraid that the “VA” is attempting to award in 2018 and not pay retroactive. I was also told when I called the 800 number that it was a mistake and I did not rate SMC S.
SMC S awarded never paid
in VA Disability Claims Research
Posted
I would like to thank the group who have help me with this. I will go to the state vso to see what I am missing as for as record wise and drop the SMC s. I have learned a lot from you all and again I thank you all. Semper Fi