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Everything posted by Chuck75

  1. The real problem with ""choice" from the provider's side is getting paid. The VA is failing to do so in any sort of reasonable manner.
  2. "How is this company getting email and/or phone # contact for disabled veterans?" Someone or some entity is selling the info? In the past, some of the veterans service orgs sold data. Anyway, there are public records that might also be used.
  3. 100% + 60% = Housebound by law/reg/court decisions.

    Since you have other awarded conditions, they may eventually be used to increase

    SMC. (So you may or may not be completely done!)

  4. There is such a requirement with caveats. But, do you really want someone to fill out such a form when they don't want to?
  5. It is possible to "work" and still be considered 100% for PTSD But, there are some "sticky wickets" that have to be dealt with. Think sheltered work places, family owned business, and so forth. The VA would likely want to argue, and all the i's and t's need to be dotted and crossed.
  6. The info on T.I started disappearing after the "superfund" site was "cleaned up". The last I heard was that some areas were still considered contaminated. T.I was sold off some time ago. Don't know that I'd care to live or work there!
  7. Chuck75


    A problem I ran into was lack of continuity with the various service orgs and their VSO's. Every time I had a reason to try using them, it turned out that the individuals involved were coming and going, and knew little about the ongoing veterans claims. I'm sure that there are some good ones out there, it's just that I have not been able to find them. The state gov VSO's are perhaps even worse, no call backs, no followups. etc. I believe that the various reps are following a quantity vs quality process, such that more simple low percentage claims is preferable to a lesser number of more compli
  8. PTSD is a "Mental Disorder". The VA has chosen to define what they consider to be PTSD, and discounted others opinions, as well as claiming PTSD is a disorder other than PTSD. Is PTSD and Sleep Apnea connected in some way? I'd say yes, but believe that Sleep Apnea can be a result of several other conditions. It may be a chicken and egg situation. For instance, IHD can cause or aggregative Sleep Apnea, and the reverse is also true. The general way I'd have approached this, based upon my service records would have been more conventional, by connecting PTSD with war zone events that are recorded
  9. "Higher levels of SMC are paid instead of disability compensation under the SRD" Higher is a bit confusing- - - If you look at th tables, SMC-S is paid instead of the base rates. It actually is the base rate the veteran qualifies for plus the SMC stepup from the base rate. SMC-K is a special rate that is paid in addition to other SMC rates, and is in lieu of a scheduler % for the condition (Usually such things as ED.)
  10. Depending on the exact circumstances, you need to be concerned with what is on the computer you used. Many times, malware gets installed without the user's knowledge. It can capture log in information, and send it to who knows where. The first indication may be such things as changed login info to a web server, or fradulent financial transactions. Usually, to get past various firewalls, it turns out that the user had somehow given an opening, and it was taken to install something on the user's computer. Even worse, the malware can replicate itself, and be difficult to completely remove.
  11. In my state the SO's are often employed by the state's veterans department. At the VARO, they represent the state and the service orgs more so than the veterans. Individual county level reps are usually lower paid state reps.
  12. 1997 Scar ratings are "old law" ratings, with 10% as the minimum. Today, the VA would likely rate them together at 0%.
  13. Let me add to the confusion! (Heh!) There is also old law new law or reg differences. The old scheme had a minimum percentage of 10% New - 0% The VA got out of this one (sort of) in my claim by specifically rating surgical scars at a compensable %, and leaving the incorrect scars rating at 0% They should have been at least 10% under the old law. Nehmer also got into the middle of things to make it more confusing! One of the even more interesting areas of scarring has to do with internal scars and the possible impact on the veteran.
  14. That would be possible if the veteran is VA declared incompetent, and a paid fiduciary appointed! I'd suggest that any veteran that thinks this is a possibility, due to the nature of disabilities such as PTSD, somehow obtain a court issued competency certificate, and or at least a competency statement from a doctor in an appropriate specialty.
  15. Historically, the VA has NEVER automatically awarded anything it thinks that might be overlooked by a veteran, at least to the ordinary veteran. Further, each award given needs to be seriously looked at to determine if it's correct. Again history is rife with "lowball" awards. Evidently, the RO's get hammered for awarding claims at a rate higher than some informal guideline, likely established to insure that the higher ups get bonus money without too many questions. (Cost savings, don't you know!) I'm reasonably sure that much more scrutiny occurs when the percentages go above some unk
  16. SMC S is most commonly awarded when a veteran meets the 100% + 60% criteria. It's possible to have SMC awarded for other reasons as well. The authorizing language is a bit loose, and if the RO felt that it was appropriate, should forward the claim to the "central office" for a decision. Even though a veteran may not have the necessary SC'd percentages, SMC can be awarded. I'm not saying that it happens very often.
  17. With nothing else to go on, I'd likely contest closing the CUE, due to possible Retro being due as a result of the CUE..
  18. What I don't like about SMC "S", which is an increase of around 11% above the 100% rate. Married with Spouse example 100% $3068.90 SMC S $3415.74 (Statutory SMC 100% + 60% ) 60% $1156.09 And the total still does not equal the bottom US average Family Income, unless the 100% and the 60% rates were added! (~47-57k a year)
  19. As I remember it was 20% plus incidental expenses that the lawyer could charge on a VA case. The written agreement between the Veteran and the lawyer is fairly standard. There also is a situation where the court determines compensation, and usually sets a per hour fee that is lower than the lawyer would like.
  20. 'my direct deposit had been fraudulently changed on e benefits" I'm really sorry to hear that! Do you have any idea how your E-Bennie's account was compromised, or was it a VA employee making an incorrect entry? The E-Bennie's log in is fairly secure as such things go. Do you know who or where the deposit was sent to? (That can show more than you might think.) Depending on the exact circumstances, you may need to be concerned with what is on the computer you used.
  21. If you were IU before the 70%, file.
  22. Depending upon where you were on TI, and your training and duties, you may or may not have been exposed to Dioxin, the troublesome ingredient of AO, as well as other contaminants. EPA Superfund data concerning TI started disappearing from the web once TI was being sold off to developers. Some remediation still continues. There is no "safe" level of Dioxin exposure. I was always suspicious about the VA's recognition of certain birth defects in offspring of only female veterans. To the best of my knowledge, the VA also has yet to recognize that AO caused metabolic disorder can result in IHD,
  23. Back to the actual Topic, SMC. As I and others read/see it, SMC can be granted - - - When a veteran has multiple conditions that prevent him from working/ traveling to/from a job. This can also be "TDIU", and it's possible that TDIU might be considered a form of SMC. When a veteran requires help in conducting routine daily living tasks. When a veteran has a single 100% rating, and multiple ratings beyond the 100% that (according to the VA, etc) are "combined" to be equal or greater than 60%. When the "Secretary" determines that it is appropriate. (What is appropriate????) I believe th
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