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Ricky
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Posts posted by Ricky
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So at L1/2, wonder what the 4 above will bring me too for the SMC Ratings?
Nothing unless one of them is ratable at 100 percent.
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Quint - just a couple of notes on you questions
-there is no such thing as 90 percent P&T. In reality, there is no true 100 percent P&T as you know the VA can call for an updated C&P at anytime. The only thing that will insure a P status for individual ratings is the 20 year rule.
-as far as changing the 0 percent to a 10 percent rating: you will have to prove CUE since the rating is final. From what you have posted I do not see a CUE. Now if the rep who had access to your file saw one then I would go for it.
Congratulations on your success.
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If you have recent/current medical evidence which has not been reviewed/submitted - which shows an increase in your disability level then a reconsideration is in order.
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cg - those are pics of me that I have sent hahahahahahahahaha
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Hey I am glad you joined hadit. However, your posts are a little lacking.
Just posting something like "help" or what does this mean ain't gonna cut it. It takes time to go through the posts in order to see if one may be able to help another vet and going through post such as you have posted is a waste of time.
Now with that said, welcome aboard and let us know if we can assist you with your claim.
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I get one like clock work every month. The only problem I have with them is I DO NOT HAVE ANY CLAIMS PENDING. I think I will start mailing them back to them!
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"may be a stupid question but can a Cue be filed for a case at the BVA ?"
Yes once the BVA makes a decision and it becomes final.
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"retirees get to keep their money.....vets just get screwed"
So I am I to assume that retirees are not vets? Just asking
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Welcome to the world of government debt.
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Shark the only info they should have used was a statement from your doc that you can not obtain or hold gainful employment.
The situation you have described does not contain a CUE.
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Ah let them have the site. Things change over time in that 40 years ago no veteran would have dreamed or believed he/she could research via the internet and level the playing ground!
The site is just a site and any change in favor of veterans, new or old, gets a thumbs up from me.
Our only concern should be that we are standing in the door waiting to offer assistance to these guys and gals when it finally sinks in that the VA does a whole lotta show and very little action.
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Reach down and grab where it hurts soldier!!!!!! Hang in there as all good things do come - and will more than likely come when you don't expect them to!
I will not counsel you on the love thing but my reaction to your situation would be see you babe.......
On the medical side they more than likely can remove the tumors and leave you with mobility - at least we will be praying that this is the outcome!!!!
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Another thing I wanted to ask about..... It seems to me, and I could be wrong, but I've seen 100% VA disabled vets recieving both SSDI and SSI. How is this possible? They said I wasn't eligible for SSI and I'm only at 40% disabled(not a whole lot of comp) right now? Are the vets recieving the 100% from the VA not telling SSA that their recieving VA comp? That's the only way I can see it being possible. If I make too much from my 40% and SSDI, how is it possible their getting it?
If you know of a vet who is receiving 100 percent disability compensation and SSI something is wrong - and if that same vet is receiving 100 percent VA, SSDI and SSI something is really wrong.
This is will give you a general idea of the income and resourse limits:
Limited income * Countable income must be:
below $531 a month for single adult or child
below $796 a month for couple
(In states that pay SSI supplements, countable income can be higher; see list on back.)
Not all income counts. Some exclusions are:
$20 per month of most income
$65 per month of wages and one-half of wages over $65
food stamps
home energy/housing assistance
Limited resources *
(Property and other
assets a person owns)
$2,000 for single adult or child
$3,000 for couple (limit applies even if only one member is eligible)
Not all resources count. Some exclusions are:
the home a person lives in
a car, depending on use or value
burial plots for individual and immediate family
burial funds up to $1,500
life insurance with face value of $1,500 or less
The housing authority will use all income, which inculdes SSDI and VA, to base the percentage amount on. So if it is 30 percent in your area it will be 30 percent of your SSDI and VA payment.
I agree with rental in that damn the bills. You just need to take your ssdi and VA check and take care of your family. We do live in a country were they do not have a debtors prison so although you may dread to have to deal with the creditors all they can do is aggravate you a bit.
Good luck.
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chief - you can claim what you want to however, you will need a medical nexus to support the claim.
Just as you have to prove boots on ground for Agent O and its secondary diseases, you will have to have a doc say that your claimed disabilities are at least as likely due to the Hep C.
If you will do some searching you will find a casual link between hep c and dmII.
Good luck.
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Just my 2 cents worth here....but I think your VA docs are full of sh*t. If you are having side effects that bad....you need to be off of that med!!!! I never tolerate anything that makes me feel that bad or makes me see things....that's not normal.
But that's just me.......hope you feel better soon!
Tank - I agree with purple. Such side effects are not normal. Now if it were just being a little sick at the belly, being a little dizzy or having short term memory loss then I would say give it a month or so. But if you are going through what my mom went through that is total BS. No med should cause one such an emotional ride.
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If this claim was originally submitted in 2000 and then deferred you need to take a look at all of the letters you have received from the VA.
Normally once deferred, the VA acts kinda quickly as they are simply waiting on another C&P etc...... I assure you that they do not defer a claim for eight years without requesting more medical evidence from the veteran or running you through another exam.
Now with all of that said, there have been cases where a deferred claim fell through the cracks and was never rated (this has been the case on all types of claims - initial, reopened etc...)
So a couple or three things could result here:
-Your deferred claim was rated and denied. In this case your claim date will be the 2008 date. I suspect this is the case since you asked that the claim be reopened and from what I take from your post the VA came back and stated that you did in fact have new and material evidence to reopen the claim.
-If the above is the case and this time around they approve the claim, then you could possibly find a CUE which would allow you to submit a CUE claim asking for an earlier effect date.
-Search your files for the denial to the original claim. If you do not have it ask the VA for a copy of it. If they can not produce it then cry foul and inform them that the claim is still open as it was never rated. This could possibly allow you to receive an effective date back to the original claim. It will depend on the evidence that was available at the time of the original claim.
It will take a bit of your time but your research could prove to be valuable to you. Good luck
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First off you are going to have to wait until you get the rating decision to see what they did. Now, if they are healed what would you mention? Remember, for VA purposes the rating of disabilities is based upon the continued symptoms or residuals of a condition. There is no rating for ulcers that are healed/controlled with medication. There must be active residuals for a rating.
Now with that said, and keeping in mind that I am not a doctor, my understanding is there could be different levels of healing in ulcer treatment. There could be such things as residual scarring which could still cause symptoms. So the bottom line is what else did the C&P report provide to the rater? Did it say healed without any acute symptoms? Or did it say endo provided that tissue showed residual scarring to which the vet claimed continued mild symptoms...........etc............
If the doc provided you are 100 percent healed without any acute or current problems and you disagree because you still hurt like hell two or three times a week then you are going to have to get an IMO to defeat the report. Good luck.
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John, my mom who is 70 was put on Lyrica for PN. About 3 weeks after her taking it I had to go and see the doc. Everytime I called her she complained of rats. She told me that rats were in her bed and were biting her all over. I went to see her and she had locked herself in the house. She bought some of that spray foam and had sprayed it in every little crack she could see and her house was filled with rat posion. She drew me a pitcher of one that had been walking around the house hissing at her. It was a cross between a mole and a dang kangaroo.
After seeing the areas where she claimed she had been bitten (they were brusies) and the pitcher the doc took her off of it. After about two more weeks she had returned to normal.
I do not know if it affects all the same but it almost ran her crazy.
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Well I got the rating and it did not mention loss of use but awarded the sah. What form should I fill out to get the smc.
To get the SAH rolling you will need to complete VA Form 26-4555, Veterans Application in Acquiring Specially Adapted Housing.
There is no form for applying for SMC. First I must ask what did they base the award of SAH on in the rating decision?
Second you need to send them a letter asking that although they awarded SAH based on XXXXXXXXX they did not award appropriate SMC for the disability and ask they they reconsider their decision and grant SMC XX based upon XXXXXXXXXXXXXX. In other words it is just a simple letter requesting the award. If they do not act then you will need to provide a NOD stating your argument for the award of the SMC.
Good Luck
P.S. Take a look at this site: http://helpdesk.vetsfirst.org/index.php?id=33&pg=kb.page
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Not withstanding a CUE that would cause the effective date to go back to 07/07 the effective date by law will be the date you submitted the claim 07/08.
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Not saying bad things about you or any vet, to include myself, but a vet should have all of his/her evidence on hand prior to submitting a claim, hence submitting all available evidence with the initial claim submission.
Yes there will be times when you have seen a doc after submitting your claim, however, if you know the records from this type of visit is important to your claim, then you should have already obtained a copy of the report prior to getting the VCAA letter. jmho
And yes if you see a doc after responding to the VCAA then you should obtain a copy of the record ASAP and submit it in support of your claim ASAP (prior to the rating). Once again jmho on how to speed up and make the easiest go of the claims process (if there is an easy way).
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I already have A/A for helplessness. I have a telephone confirmation that I was awarded the SAH with that being said they should grant me the smc for loss of use of both lower extremities since I am SC for both lower extremities which interfere and cause me loss of use.
The loss of use rating could be coming. On the SAH the rating will state that you qualify, however, as stated below you will have to file the appropriate form to get the process rolling. Same as with CH 35 stuff - they award you the elgibility, however, you must still apply for the benefits. Good Luck
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I contacted the VA in Texas and in Oklahoma and this same guy "E.J. Kruse" replied to me. Is this a guy that lives at home with his mom and all the inquiries sent via IRIS go to his computer?
E. J. Kruse National IRIS Response Center Manager this is the person that replied to me from Texas and Oklahoma
Ole E.J. gets around!!!!!!!! He is the manager of response center 1. VA is going to a system like the call centers for IRIS inquires. All inquires will be routed through response center 1 or 2 depending on where you live (not all areas are hooked up yet). Someone at the response center will research your question and if they can answer it they will - if not they will notify you that it has been forwarded to your RO for resolution. Basically what they are trying to do is consolidate all inquires, telephonic and email which is supposed to free up bodies at the RO's to do other things. It will get to the point that if you want to hear a voice from your RO you will have to get in your car and take a drive to the RO.
Disability Question
in Introduce Yourself
Posted
Welcome aboard - I say that pretty good for an old army guy.
You have asked an unanswerable quetion. Percentages assigned to disabilities by the VA come in the form of 0 to 100 percent and they are dependent upon your medical evidence and the way (or weight) the VA rater assigns to it and what he/she feels the effects of the disability is on your body and daily functioning.
Hang in there, stay with us and take the below advice to heart as the board members have already directed you in the right direction. study, study, study and research any and all parts of CFR 38 as it will come in handy during the rating process.