Veldrina

Heya. Our office has been very tightlipped about the furlough, but the drips & drabs I;ve heard are that the public contact & 800 #s would remina open as they are considered "excepted" personnel. Checks will go out as usual, but no new claims will be generated/worked on. Anyone already receiving checks is ok. As far as i know this only concerns federal civilian employess so anyone in military should be fine & paid as usual. We were told to report to work Monday & that we aren't furloughed until theresd a piece of paper in our hands. Way i see it, the govt cant afford another black eye re the backlog at VA, & not processing cases would be a doozie, so i am pretty sure VA will be considere "excepted" (essential). But we will know by Friday.

I've had my share of looking ppl in the eye with news, whether it was at the help desk or at a hearing. I've had to tell widows I'm sorry but they we can't give them anything & leave heartbroken as they cry in the office. I've had papers thrown at me because "I don't wanna help, I'm just waiting for him to die so i can go back to being lazy", I've been called a prostitute for not helping a heavily accented woman speak to the director herself about her claim. I try not to take these things personally. The fact is, we WANT to help the veterans...but because we have a production standard & a quality standard, & now an availability of at least 80% which must be met (meaning time available on cases, excluding lunch, breaks, detail time for special projects or training etc). it is almost impossible for us to give anyone the attention they need. Central office has come up with a joke of a way to measure our production with "weighted cases", & they "factor in things like detail time"....but the numbers dont add up. The fact is, they want raters to do at LEAST 3.5 weighted issues a day (these go by claims and end products) maintain a 95% accuracy (one mistake on a claim, even one we didnt make, but a rater from long ago made that we dont pick up, & it;s an error that brings our accuracy down) and be available 80% of the day. I have given up on breaks & have learned to sprint to the microwave & back & inhale whatever lunch I;ve brought without tasting it in order to try to meet their nutty expectations. Congress doesnt wanna hear it. VA management doesnt wanna hear it. And if we dont maintain the standards, they take adverse action (anything from being put on a performance plan where they babysit u to actually being demoted or removed. So it;s like chopping off a finger each time & being told to play the piano better than before. Only by telling COngress where to sit with their "points" & having management stop assuming we are all lazy bastards who won't move if the whip isnt cracked will things get better. For now, this is what I do for 9 hrs, & why sometimes i feel like it;d be better to just have the nervous breakdown & be done with it,.

other than what was said i have no suggestions,. Not sure how the VA rating will affect your SSDI, though i would think they do their own exam to make their determination, no?

Gonna add my 2 cents here...DAV is one of our better orgs at the NY office. They may be "rent free", like some of the other orgs in our bldg, but i have never not seen these guys at work,. Hell, they've breathed down my neck at times with claims. As for their knowing about the shredding, why would they? The orgs are not privvy to every little thing we do. They don't go poking their noses into shredders or garbage bins, or into ppl's desks. How WOULD they know what was going on? In my own office, we apparently had mail being hidden in drawers & forgotten about, & i heard there was shredding of info. We used to have free access to shred machines. I remember my team was only supposed to shred duplicate VAMC records and rating where u made a booboo. Then one day I came to work & was told that our entire management had been removed, & about the shredding & other things....we were shocked. There was also some shenanigan with changing around suspense dates that was handed from on high. Those ppl are long gone & our office is desperately trying to get back on track from all the negative hype. Sorry, tangent...but yeah, DAV isn't necessarily cozy with VA...they are just conventiently close enuff to check on your claims. But they would have no reason to have known about the inner politics of what was going on.

We are already working cases over a yr as priorities. But as i said, the priorities change as needed. The system itself notifies us when it reaches that mark.

it truly is disgusting the depths some folks will sink to for $$. If u ever need help filling out forms & such, remember that that's what DAV, American Legion etc are there for, and u can sometimes ask help from the help desk if they aren't too busy. Hell, I've helped ppl fill them out at the RenFaire! (yes, i carry stacks of the forms with me....it's amazing how many vets frequent the faires)

Thank ye ;) Howie ....? i know a howie from DAV who is now a rater in training. That How?

suspense dates can be postponed, but the clock keeps ticking from the original datestamp. Eventually it becomes an "iover a yr case", then past 400 days case, etc.

I'm sure this has come out before, but as my job just recently posted this again & asked us to warn vets, I'm posting it again here. Veterans Affairs Services (VAS) is NOT affiliated with us in any way shape or form...beware! there have been many cons from this group & many vets & families have lost money to these disreputable scoundrels. The attached VA Office of Security and Law Enforcement (OS&LE) bulletin contains an advisory from the National Guard concerning a group calling itself “Veterans Affairs Services.” This entity, whose name and seal are similar to VA’s, is said to be gathering personal information on Veterans. VA’s OS&LE has requested dissemination of this advisory to make it clear that this group has no affiliation with VA and to prevent unwitting release of Personally Identifiable Information. Please share this information with your colleagues and clients, as appropriate. The following is an advisory sent out by the National Guard Bureau (NGB) in reference to a group called “Veterans Affairs Services” An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way. Websites with the name "VA services" immediately after the "www" ARE NOT part of the Department of Veterans Affairs; the real VA website ends in .gov. If approached or called, do not offer them any information concerning yourself or data on other veterans. The Department of Veterans Affairs does not randomly call veterans, nor does it ask veterans for information which it does not already have. If you have not dealt with the VA previously and in person, then you receive a call from someone saying they are with the VA or something similar sounding, hang up the phone. Do not respond to emails which suggest that they are from the VA. The VA never conducts official business nor asks for personal information by email. VAS may be gaining access to military personnel through their close resemblance to the VA name and seal. NGB Legal Counsel has requested that the NGB Provost Marshal Office coordinate with DoD to inform military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services. VA Police Services are urged to disseminate this information in case of inquiries from veterans and to prevent their unwitting release of Personally Identifiable Information (PII).

ah, they beat me to it ;) . The smc calculator doesnt do combines evaluations so much as take into consideration things like loss of use, anatomical loss, blindness, etc. & suggest what level (k, l s, etc) is warranted, plus any additional benefits like auto & adaptive housing. This is what we refer to at work for SMC: The most up-to-date electronic version of 38 Code of Federal Regulations (CFR) Part 3 and 4 is maintained by the National Archives and Records Administration (NARA). NARA's site for this is here: e-CFR. If you want to insure you have the most up to date version of this regulation please be sure to check e-CFR. §3.350 Special monthly compensation ratings. The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114. (a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114(a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114®. (1) Creative organ. (i) Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Loss of use of one testicle will be established when examination by a board finds that: (a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or (b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or © If neither of the conditions (a) or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa. (ii) When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted. (iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. If, however the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service. it will support authorization of the benefit. When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences. (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. Since atrophy is usually perceptible within 1 to 6 months after infection subsides, an examination more than 6 months after the subsidence of orchitis demonstrating a normal genitourinary system will be considered in determining rebuttal of service incurrence of atrophy later demonstrated. Mumps not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the purpose of authorizing the benefit. (2) Foot and hand. (i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example: (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved. (b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. (3) Both buttocks. (i) Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). The assistance may be done by the person's own hands or arms, and, in the matter of postural stability, by a special appliance. (Authority: 38 U.S.C. 1114(k)) (ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. 1114(k) for loss of use of both buttocks where appropriate tests clearly substantiate that there is such additional loss. (4) Eye. Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility. (5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule. (Authority: Pub. L. 88-20) (6) Aphonia. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. (Authority: Pub. L. 88-22) (b) Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 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. (1) Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable. (2) Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 (§4.83 of this chapter) does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity. (3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a). (4) Permanently bedridden. The criteria for rating are contained in §3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114® is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind. © Ratings under 38 U.S.C. 1114(m). (1) The special monthly compensation provided by 38 U.S.C. 1114(m) is payable for any of the following conditions: (i) Anatomical loss or loss of use of both hands; (ii) Anatomical loss or loss of use of both legs at a level, or with complications, preventing natural knee action with prosthesis in place; (iii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place; (iv) Blindness in both eyes having only light perception; (v) Blindness in both eyes leaving the veteran so helpless as to be in need of regular aid and attendance. (2) Natural elbow or knee action. In determining whether there is natural elbow or knee action with prosthesis in place, consideration will be based on whether use of the proper prosthetic appliance requires natural use of the joint, or whether necessary motion is otherwise controlled, so that the muscles affecting joint motion, if not already atrophied, will become so. If there is no movement in the joint, as in ankylosis or complete paralysis, use of prosthesis is not to be expected, and the determination will be as though there were one in place. (3) Eyes, bilateral. With visual acuity 5/200 or less or the vision field reduced to 5 degree concentric contraction in both eyes, entitlement on account of need for regular aid and attendance will be determined on the facts in the individual case. (d) Ratings under 38 U.S.C. 1114(n). The special monthly compensation provided by 38 U.S.C. 1114(n) is payable for any of the conditions which follow: Amputation is a prerequisite except for loss of use of both arms and blindness without light perception in both eyes. If a prosthesis cannot be worn at the present level of amputation but could be applied if there were a reamputation at a higher level, the requirements of this paragraph are not met; instead, consideration will be given to loss of natural elbow or knee action. (1) Anatomical loss or loss of use of both arms at a level or with complications, preventing natural elbow action with prosthesis in place; (2) Anatomical loss of both legs so near the hip as to prevent use of a prosthetic appliance; (3) Anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance; (4) Anatomical loss of both eyes or blindness without light perception in both eyes. (e) Ratings under 38 U.S.C. 1114 (o). (1) The special monthly compensation provided by 38 U.S.C. 1114(o) is payable for any of the following conditions: (i) Anatomical loss of both arms so near the shoulder as to prevent use of a prosthetic appliance; (ii) Conditions entitling to two or more of the rates (no condition being considered twice) provided in 38 U.S.C. 1114(l) through (n); (iii) Bilateral deafness rated at 60 percent or more disabling (and the hearing impairment in either one or both ears is service connected) in combination with service-connected blindness with bilateral visual acuity 20/200 or less. (iv) Service-connected total deafness in one ear or bilateral deafness rated at 40 percent or more disabling (and the hearing impairment in either one of both ears is service-connected) in combination with service-connected blindness of both eyes having only light perception or less. (2) Paraplegia. Paralysis of both lower extremities together with loss of anal and bladder sphincter control will entitle to the maximum rate under 38 U.S.C. 1114(o), through the combination of loss of use of both legs and helplessness. The requirement of loss of anal and bladder sphincter control is met even though incontinence has been overcome under a strict regimen of rehabilitation of bowel and bladder training and other auxiliary measures. (3) Combinations. Determinations must be based upon separate and distinct disabilities. This requires, for example, that where a veteran who had suffered the loss or loss of use of two extremities is being considered for the maximum rate on account of helplessness requiring regular aid and attendance, the latter must be based on need resulting from pathology other than that of the extremities. If the loss or loss of use of two extremities or being permanently bedridden leaves the person helpless, increase is not in order on account of this helplessness. Under no circumstances will the combination of "being permanently bedridden" and "being so helpless as to require regular aid and attendance" without separate and distinct anatomical loss, or loss of use, of two extremities, or blindness, be taken as entitling to the maximum benefit. The fact, however, that two separate and distinct entitling disabilities, such as anatomical loss, or loss of use of both hands and both feet, result from a common etiological agent, for example, one injury or rheumatoid arthritis, will not preclude maximum entitlement. (4) Helplessness. The maximum rate, as a result of including helplessness as one of the entitling multiple disabilities, is intended to cover, in addition to obvious losses and blindness, conditions such as the loss of use of two extremities with absolute deafness and nearly total blindness or with severe multiple injuries producing total disability outside the useless extremities, these conditions being construed as loss of use of two extremities and helplessness. (f) Intermediate or next higher rate. An intermediate rate authorized by this paragraph shall be established at the arithmetic mean, rounded to the nearest dollar, between the two rates concerned. (Authority: 38 U.S.C. 1114 (p)) (1) Extremities. (i) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one leg at a level, or with complications preventing natural knee action with prosthesis in place, shall entitle to the rate between 38 U.S.C. 1114(l) and (m). (ii) Anatomical loss or loss of use of one foot with anatomical loss of one leg so near the hip as to prevent use of prosthetic appliance shall entitle to the rate under 38 U.S.C. 1114(m). (iii) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. 1114(l) and (m). (iv) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one arm so near the shoulder as to prevent use of a prosthetic appliance shall entitle to the rate under 38 U.S.C. 1114(m). (v) Anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. 1114(m) and (n). (vi) Anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place with anatomical loss or loss of use of one hand, shall entitle to the rate between 38 U.S.C. 1114(l) and (m). (vii) Anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. 1114(m) and (n). (viii) Anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance with anatomical loss or loss of use of one hand shall entitle to the rate under 38 U.S.C. 1114(m). (ix) Anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. 1114(m) and (n). (x) Anatomical loss or loss of use of one hand with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. 1114(m) and (n). (xi) Anatomical loss or loss of use of one hand with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance shall entitle to the rate under 38 U.S.C. 1114(n). (xii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. 1114(n) and (o). (2) Eyes, bilateral, and blindness in connection with deafness and/or loss or loss of use of a hand or foot. (i) Blindness of one eye with 5/200 visual acuity or less and blindness of the other eye having only light perception will entitle to the rate between 38 U.S.C. 1114(l) and (m). (ii) blindness of one eye with 5/200 visual acuity or less and anatomical loss of, or blindness having no light perception in the other eye, will entitle to a rate equal to 38 U.S.C. 1114(m). (iii) Blindness of one eye having only light perception and anatomical loss of, or blindness having no light perception in the other eye, will entitle to a rate between 38 U.S.C. 1114(m) and (n). (iv) Blindness in both eyes with visual acuity of 5/200 or less, or blindness in both eyes rated under subparagraph (2)(i) or (ii) of this paragraph, when accompanied by service-connected total deafness in one ear, will afford entitlement to the next higher intermediate rate of if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. 1114, but in no event higher than the rate for (o). (v) Blindness in both eyes having only light perception or less, or rated under subparagraph (2)(iii) of this paragraph, when accompanied by bilateral deafness (and the hearing impairment in either one or both ears is service-connected) rated at 10 or 20 percent disabling, will afford entitlement to the next higher intermediate rate, or if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. 1114, but in no event higher than the rate for (o). (Authority: Sec. 112, Pub. L. 98-223) (vi) Blindness in both eyes rated under 38 U.S.C. 1114(l), (m) or (n), or rated under subparagraphs [url=http://vbaw.vba.va.gov/bl/21/publicat/Regs/Part3/3_350.htm#f2i](2)(i), (ii) or (iii) of this paragraph, when accompanied by bilateral deafness rated at no less than 30 percent, and the hearing impairment in one or both ears is service-connected, will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114, or if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o). (Authority: 38 U.S.C. 1114(p)) (vii) Blindness in both eyes rated under 38 U.S.C. 1114(l), (m), or (n), or under the intermediate or next higher rate provisions of this subparagraph, when accompanied by: (A) Service-connected loss or loss of use of one hand, will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or, if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o); or (B) Service-connected loss or loss of use of one foot which by itself or in combination with another compensable disability would be ratable at 50 percent or more, will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or, if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o); or © Service-connected loss or loss of use of one foot which is ratable at less than 50 percent and which is the only compensable disability other than bilateral blindness, will afford entitlement to the next higher intermediate rate or, if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. 1114, but in no event higher than the rate for (o). (Authority: 38 U.S.C. 1114(p)) (3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. (i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114(l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use. (ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (5) Three extremities. Anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities shall entitle a veteran to the next higher rate without regard to whether that rate is a statutory rate or an intermediate rate. The maximum monthly payment under this provision may not exceed the amount stated in 38 U.S.C. 1114(p). (g) Inactive tuberculosis (complete arrest). The rating criteria for determining inactivity of tuberculosis are set out in §3.375. (1) For a veteran who was receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the minimum monthly rate is $67. This minimum special monthly compensation is not to be combined with or added to any other disability compensation. (2) For a veteran who was not receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the special monthly compensation authorized by paragraph (g)(1) of this section is not payable. (h) Special aid and attendance benefit; 38 U.S.C. 1114®: (1) Maximum compensation cases. A veteran receiving the maximum rate under 38 U.S.C. 1114 (o) or (p) who is in need of regular aid and attendance or a higher level of care is entitled to an additional allowance during periods he or she is not hospitalized at United States Government expense. (See §3.552(b)(2) as to continuance following admission for hospitalization.) Determination of this need is subject to the criteria of §3.352. The regular or higher level aid and attendance allowance is payable whether or not the need for regular aid and attendance or a higher level of care was a partial basis for entitlement to the maximum rate under 38 U.S.C. 1114(o) or (p), or was based on an independent factual determination. (2) Entitlement to compensation at the intermediate rate between 38 U.S.C. 1114(n) and (o) plus special monthly compensation under 38 U.S.C. 1114(k). A veteran receiving compensation at the intermediate rate between 38 U.S.C. 1114(n) and (o) plus special monthly compensation under 38 U.S.C. 1114(k) who establishes a factual need for regular aid and attendance or a higher level of care, is also entitled to an additional allowance during periods he or she is not hospitalized at United States Government expense. (See [url=http://vbaw.vba.va.gov/bl/21/publicat/Regs/Part3/3_552.htm#b2]§3.552(b)(2) as to continuance following admission for hospitalization.) Determination of the factual need for aid and attendance is subject to the criteria of §3.352. (3) Amount of the allowance. The amount of the additional allowance payable to a veteran in need of regular aid and attendance is specified in 38 U.S.C. 1114®(1). The amount of the additional allowance payable to a veteran in need of a higher level of care is specified in 38 U.S.C. 1114®(2). The higher level aid and attendance allowance authorized by 38 U.S.C. 1114®(2) is payable in lieu of the regular aid and attendance allowance authorized by 38 U.S.C. 1114®(1). (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and: (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or <a name="12e5eb36d9ba4d45_i2" style="color: rgb(0, 0, 204); ">(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

no, that wouldnt do it. It does take longer if something is handwritten, deopending on leibility, but that shouldnt necessarily delay the claim. The ever-shifting priorities are what delays things.

LOL Papa! :) S'ok, my director thinks I'm a huge pain in the ass, esp. after arguing with her for a few hours today aout "what's wrong with VA"...i don;t think she likes me now I understand what you're saying, & like i said, we could cut the middle man out by just paying eery vet with an honoralbe discharge a lump sum & so be it...would prolly save resources in the end, even if it means I'm out of a job. But then trying to apply logic to anything federal is like trying to get to pet a pissed off badger.

We now have an SMC calculator that takes some of the guesswork out for us. The 100% plus additional 60% is for housebound. There is SMC for other levels of disability, such as anatomical loss or loss of use, and aid & attendance if u need a higher level of care or are so helpless u need the assistane of an aide to do acivities of daily living,. As for links, i only found this: http://www.vba.va.gov/bln/21/Rates/comp02.htm The explanation under CFR 3.305 is apparently an intranet thing, but i think u might be able to find it on hadit. I would have to copy & pate it from work. I will try to do so tomorrow.

please...just spent a few hours arguing with management about how things aren;'t working, & having them bat everything back at me with answers like "well that;'s every VA office", and "don't blame it on the technology (i keep envisioning the dinosaurs from the Flintstones in our equipment) and "u have to buckle down & work harder." There's no winning there. @coolbreeze: they will still be worked, esp. if they are a priority case like hardship or fastrack or homeless case, but the 1 issues come first right now, I wouldnt worry too much though....every other week the priorities change,. Someone should look up what that word means.

I apologize in advance for jacking the thread, but this has me mad...and I'm sure I will catch hell for it for talking about it, but I can't take some of the senseless things we go through, and this is just one of the latest.. In re Nehmer, we had been told a month or so back that those working on Nehmer had to have "Good News stories", meaning that if you were able to grant someone ischemic heart disease or somesuch and it was a big increase, or it overturned a previous denial and the vet could now get care, or a widow that had hardship could now be paid for her husband;s death due to hairy cell leukemia, etcetcetc, that these stories were to be reported to the front office,. What has me annoyed is that "none" was not an option...not that ppl have to fabricate a good news story, but that you just HAD to have one. I would think that any possible grant would be good in & of itself, but this sounds like some kinda hype that will be coming out as a pat on the back of "look at all we;re doing for u" type thing. I wouldnt be surprised if you see something in the news soon. And while that's all well & good, just keep in mind that we were 'forced' to report these stories, which really makes me wonder what the deal is. And now I'll prolly be called into the director's office for blabbing about "something i know nothing about, esp. since i'm not on nehmer.".

it's like cancer....just becuz you have it doesnt necessarily mean you are exhibiting all the symptoms. Parkinson's becomes debilitating over time, but at varying degrees for different ppl, therefore the rating is to reflect the current level of disability. Heck, I'm all for giving every vet the 2000 bux straight & call it a day...sure I'd be out of a job, but it would be easier. Then again, I;'m applying logic to a federal agency...BAD Veldrina, BAD! oil & water!

well, unless it's something glaring, like a missing medal on your dd-214, i don't think there's much that can be done to correct the service records. As for the C&P exams, if there was treatment/evidence at the time & it was ignored, that sounds like a cue (clear & unmistakable error). Can't really say without viewing the info though. Sorry I can;'t help more.

Our front office (aka veterans service manager & asst. mang) ran a list through one of the systems we have. MAPD is a program that tracks the development of claims & shows how many issues are being addressed. They use another program to pull all the ones that are a single issue, have ppl pull the files, then send them to the rating team. It's not infallible as a few of them are sequential end products (claim that came in after another was already in system) or an IU claim, which isn;t actually a single issue since we have to consider any s/c disabilities as increases. But we have had a cart full to pull work from, which has improved our production & thereby the office's. Not that it;s helping a bunch of us in the long run, since we've been under production thanks to a host of issues.

Nehmer has really bogged us down because we have had to dedicate a group of workers to do ONLY that, so you can imagine the the weight the rest of us have had to shoulder. But if you have only one issue, I am fairly certain it will be done soon. VA is panicking right now because of the pressure being put on it to produce and "break the back of the backlog" as Shinseki said....he wants VA to look uber busy, so they are cracking the whip now to push out 1 issue cases (at least in my office) There's a faily good chance you will hear something sooner than later.

unsure exactly what you're asking....do you mean the C&P exam had incorrect evidence, or the rating, or the service medical records?

Well, sometimes if you file another claim, it can have a tendency to slow everything down. For awhile they had sequential EPs (end products), meaning that if someone filed another claim while the first was being worked on, it would be handled separately,. it was a great idea & it helped the raters get the work out faster. Then some genbius in Washington decided that ALL claims must be done at same time, so they took it away .....ergo now we are back to having to do everything at once. If we can rant & defer that's fine, but if there are denials & we hae to defer something, it all wait sin limbo until the last claim is ready. Depending on the stage your 1st claim is at, it;s probably best to wait...esp. if you are claiming spine as MS, & now want to claim it as directly s/c to service. That may confuse things.

There's really not much i can add, as all the replies are good & come from experience. I'll just summarize: it's good to have a POA (or however u wanna call the orgs) because they can usually check up on claims, and I've had them submit things to me in the middle of me rating a claim, or call me or come to my desk to check up on a claim & see what stage its at. But yes, they can get overwhelmed, and you must stay proactive on your claim. If you are willing to remain proactive yourself, then you don;'t need one, but I have found that in our office at least, it's good to have one.

Yes, but I'm a friendly rater ;) And dont let the VA intimidate u. Remember, the ppl that work there have to eat sleep & pee just like u do, so don't let them intimidate you.

As Nehmer cases and Fast Tracks are an extremely hot item right now, I wouldnt be surprised if u hear something by 1st week of March.

You can send it in anytime. I;m not sure when or if it was a training letter or what that told us that we (raters) now don't even need the 8940 is we see enuff info to grant IU on a schedular basis in the evidence, schedular being a single disability at 60% or several disabilities, one of which is at LEAST 40%, that combine to a 70%. And if the examiner states there is unemployability, we have evidence you haven't been working/are not gainfully employed, and as we finish rating your claims we see that you would merit it, we are granting it anyay. But to answer your question, if you have it, go ahead & submit it. It helps your claim & it helps the rater by providing more info to enable us to grant.