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FormerMember
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Status Replies posted by FormerMember
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NOD,
Ebenefits just updated my benefits status with these Different SMC’s?
Board of Appeals was completed by a judge on a (May 14,2019)
Judge Granted :
1). Compensation Issue
2). Compensation Issue
3). Compensation Issue
4). Compensation Issue
5). Migraines
Why 2 L’s? Or just typo by ebenefits?
Thanks
Taylor
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SMC is recorded differently than any other benefits. What you have been awarded is SMC L 1/2. That's the SMC P you see. P is a catchall for a bunch of things and each is described in the regulation but they could never list every possible combination of disabilities in P which will cover all the possibilities.
They have given you SMC at the S rate in the past but you have qualified for it again at some point-hence the S-1/ S-2 designations. They don't pay it to you twice. They have awarded you SMC at the L rate for being so helpless as to be in need of A&A (L-1). In addition, you have a rating that is over 50% that is separate and distinct from whatever you got the L for. This "kicks" you up a half-step under §3.350(f)(3). VA classifies this as SMC L 1/2 + K or SMC P. If you had a separated 100% rating unrelated to the A&A rating, they would bump you up a full step to SMC M under §3.350(f)(4).
The SMC L-1 is for another qualification for A&A (possibly) but it would be pyramiding to pay you for it. Nevertheless, they still list it. As the other folks said, wait for the magic paper- but it will say SMC P (L 1/2 +K).
Be safe.
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Good morning, I have a few questions that I Would really love to get your input on as well as get your take on an NOD that I am contemplating filing. I would not want this information shared openly. 1) I have been reseaching for the last few weeks as to how to best support my NOD and in that search I have come across the ability for them to CUE themselves in some way to take back what they have already given. 30% IBS, 40% Fibro, 50% Apnea & 100% mental. I have a family of 7 and was awarded last year. The $ lost would bring my family to their knees and I would be back in the food pantry line at church and bankrupt the moment that stopped. And my kids would no longer have their college paid for, this would likely be an unrecoverable happening to us as there is no chance of me being able to go back to work, i havt worked since 2012 and had been self employed since 2001. in any case, i believe that i have a very clear 3.156, as well as CUE, I am chosing to go the 3.156 route first. I have been struggling with this for some time now as the VA has treated me like gold and i dont want to seem ungreatful by going back and asking for more. I have been denied retro for ibs and fibro with the approvals. I have decided to put the breaks on this for fear of losing everything and would like to get your opinon. I would love to send my letter along if you would ensure that it would not be shared.
thanks for your time and hope you have a great day! Btw i am very new here and really unsure as to how to find out if you responded or not to this. So in case i cant find it, i recently posed a question titled Nod cue dro or shut up and go away that you responded to and you could repost there. Thanks so much!
PS. I am trying to get the opnion of Berta, Cruiser and you personally. I sent this message to Berta and trying to find Cruiser as well.
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First of all, I wouldn't trust anything Cruiser said in this lifetime. His advice to others is negative and not constructive. Everything he's ever told me about 3.156 (c) turned out untrue and the CUE advice was inaccurate as well. I won my claims back to 1994 based on what he said could either not be done or was unsupported by law. Berta has far more useful advice on CUE than he ever will and she doesn't drink as far as I know. Alcohol doesn't improve the advice.
I am an accredited VA non attorney practitioner and I have no professional relationship with you. It's now more difficult to offer advice without being liable. I hope you can understand that. This recent development is why you will see far less of my advice here now.
Regards
Alex
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Greetings AskNod ---- you were recommended to me by Buck52. When you have a chance can you please review this ? See denial letter from VA in 1983 below -- I've filed new claim for my brother on PTSD being service connected. They've come back with "Disabilities Claimed" are "PTSD (Reopen), non-service connection pension (New), Schizophrenia, residual type; competent (New), residual scars of shell fragment wounds (Increase), Competency (New), and Special Monthly Pension (New). It is in Gathering of Evidence stage and they've come back to me with 9 requests - Agent Orange, Aid & Assistance, and medical evidence for unemployability related. Buck52 and Berta seemed to think we may have a CUE since they didn't rate the PTSD service connected. No ratings assigned yet. But I'm trying to familiarize myself with NODs/CUEs etc when they do. What do you think? Thank you for your time.
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Not enough there to base a theory of outcome. I usually work from a c-file to determine all the possible assets in a claim. I'd be shooting from the hip to say anything more. Sorry. You need three things. Disease or injury. Disease or injury or risk in service. A nexus letter linking the two. As for scars. Look at DC 7800-7805. I have scars over 20% of my body and get 30% for them but you can't miss them. They have to be fairly visible and measure a certain size to qualify.
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