Philip Rogers

Using your numbers and the anticipated 20%, for type II diabetes, you should qualify for an SMC "s" award, using either VA math or standard addition. The VA is supposed to award it without the claimant filing for it. If you do get the 20% and don't receive SMC automatically, I would drop them a not stating that you believe they erred and they should have awarded the SMC "s" award. They generally correct these things quickly, when they realize they can't slip it by you. jmo The current rate for an "s" award is $331 monthly. pr

They may feel that allowing you to receive the report "may push you over the edge." jmo pr

Good for you!! You only got what you earned. Spend cautiously. pr

Just be truthful and honest. jmo pr

Berta - yes it did, but in that case the veteran easily had the additional 60% using the combined ratings table, whereas in mine, I don't reach the 60% unless straight addition is used. pr John - sent you a PM. pr

My staff conference has been postponed 2 wks, as the VA counsel has a scheduled family vacation. ;-( pr

I'm not sure what you mean. pr

If a person is incarcerated for, I believe more than 60 days, they should be reduced to a 10% rating. Not sure who you'd report it to but I would think it would be either the VA's fraud dept or the VAOIG. jmo pr

You start being paid on the 1st of the next full month, after your claim date, and therefore would receive your 1st payment on 7/1/2012, as the VA pays after the month has passed. pr

Berta - in this case the vet has combined ratings that total 60% or more. In my case I have 60% because my disabilities "added together" total 60% and this is my argument. pr

Thanks, Carlie, that's it exactly! I'm hoping they'll settle, which I'd accept, even tho it won't help the precedent issue. I'm getting up there in yrs and know any day could be my last and while I'd like to pursue it for other vets, I have to consider my circustances first. Thanks again for posting this!! pr

Update - it appears that the VA and my counsel (Bergmann & Moore) have a telephonic briefing conference on 10/22/2012. Both are ordered, not later than 14 days prior, to supply the Secretary and the Central Legal Staff (CLS) a summary of the issues to be raised, before the Court, including any citations, w/relevent authorities and pertinent documents. It further states: "ORDERED that the attorney or representative for both parties shall attend the conference with the authority to enter into a joint resolution of the appeal or settlement to the extent authorized by the client or be within immediate contact with such a person during the staff conference. The parties shall jointly notify the Court if the parties reach agreement on the disposition of any or all issues prior to the conference." Maybe it'll be resolved . . . but then again, probably not. jmo pr

bronco - I don't believe it's been clarified by either the court or the OGC. I'll post when my case is resolved, however I believe the VA won't let it get that far, as the far reaching costs would probably bankrupt the USA, as it would set a precedence. Just think about how many claims would need to be re-adjudicated. jmo pr Thanks, tbird!!! pr

Yes, you can but I doubt you'll get it. You need to do some research about how your claim was handled and why you were denied. As for what you were "told" - the VA cannot be held responsible for anything you were "told." pr

There is no rule, to my knowledge, but being hospitalized would interfere w/your ability to work or be employed. pr

Thanks, carlie, that's just what I needed. broncovet - Yup, I needed that info. I spoke w/my atty today and he found her/my/our theory very interesting and will research whether they feel it's worth pursuing, from that angle. There are a number of other ways he may pursue it, also. Thanks again, both of ya!!! pr

Could someone please explain how I can find all posts by WAC-Vet 75, pertaining to SMC "s" award(s)? Thanks!! pr

Generally, the VA awards pension for valid claims that are found not to be SC. pr

Sorry, I will try to bite my tongue. pr

grent - I guess if you don't like it here, it would be best to leave. Me, I'll stay. I still feel it's the best place in the world to live! I'm curious why you asked the question about your lawyer dropping you? Has he indicated that he plans to or are you just worrying, for something to do? I agree the VA process is BS. My claim took 10yrs but I won retro the whole 10yrs. I still have an appeal pending that's been 20yrs but I plan to out live the VA!! Stay well!! pr

Mark - I would say one mile, round trip. C&P exam travel has no deductable, so for a one mile round trip they would pay either 41 or 42 cents, as travel pay is .415 cents, per mile. pr

Restored should mean that it was never taken away. Depending on what your other disabilities are there could be some retro. You may be eligible for SMC "s" award depending on your totals, now, also. jmo pr

I'm happy for you and am glad your experience was good. You may want to appeal the 90% and go for either 100% or TDIU, as the added benefits are major, especially should you expire earlier than you originally planned. jmo pr

Reader19 - congrats but check the ratings and see if you feel you rate only 30%. The VA frequently lowballs claimants! jmo pr

http://www.military.com/daily-news/2012/09/06/va-no-service-dogs-warranted-for-ptsd-sufferers.html?ESRC=army.nl pr