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Everything posted by toddt
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SMC S1
toddt replied to teacher1da's question in Entitlement - Veterans Compensation Benefits Claims
https://www.va.gov/pension/aid-attendance-housebound/ -
One type of SMC which is particularly advantageous to veterans is SMC(s). SMC(s) is available to veterans who: have a 100 percent rating and an additional disability rated at or combining to 60 percent or more, or who are substantially confined to his or her dwelling or immediate premises as a result of a service-connected disability. The current SMC-S rate for veterans without dependents is $3,486.65 per month. This rate increases depending on the veteran’s marital status and other circumstances.
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VA 100% Connected vs. Military Retired pay, what to expect
toddt replied to Ernie Banks's question in VA Disability Claims Research
You need to apply for CRSC from your branch of the military. Once you apply and are confirmed your retired military pay will be tax free. -
Anything is possible. I know a Veteran who got CRSC for hearing loss because his unit (Navy vessel) was engaged in maneuvers which he claimed were "Participating in war simulation activities. . ." because the ship fired it's gun. I think that a "retreat ceremony" would not fit any of the evidence you must show as listed in the CRSC requirements ( https://www.va.gov/resources/combat-related-special-compensation-crsc/ ). If he were to succeed in being awarded CRSC they may make it retroactive.
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I would say that box 2 is your address that your employer needs to mail back to you and you need to mail it (upload it) to Janesville. That's my guess anyway.
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One condition must be 100% , then any combination of conditions that add up - using VA math - to 60% will do the trick.
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Celebrating 25 years! Thank you for making this possible!
toddt replied to Tbird's question in VA Disability Claims Research
Congratulations, well done. Thanks to you and all the contributors. -
Questions on DIC
toddt replied to namvet6567's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
The VA is not required to accept "buddy statements". In the decision letter you posted under "Evidence We Received" they listed: "Buddy statement, received June 17, 2021" which tells me that they have already accepted it. I have used "Buddy statements" from my wife on several occasions and I believe that they helped me immensely. It just seems to me that her case should be cut-and-dried, but knowing the VA . . . who knows what the outcome will be. Agree with you on the getting old isn't for the elderly. -
Questions on DIC
toddt replied to namvet6567's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Regarding her last payment February 2020 $3,649.83 that is 100% + SMC S-1 Veteran with spouse. 2020 VA Special Monthly Compensation Rates | Veterans Affairs -
Questions on DIC
toddt replied to namvet6567's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
M21 1 Part III Subpart iii.pdf -
Questions on DIC
toddt replied to namvet6567's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Try this: M21-1, Part III, Subpart iii, Chapter 5, Section E - Historical (va.gov) Scroll down, look under "Attachments" -
Questions on DIC
toddt replied to namvet6567's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
38 CFR 3.22 - DIC benefits for survivors of certain veterans rated totally disabled at time of death. (govregs.com) -
From Asknod website that I posted: "If you have a 50% or greater rating on an a disease/injury [regardless of whether the individual diseases, or injuries are of different etiology] and qualify for (L) as a stand alone, then you could theoretically advance with an additional bump to (L½). There is much discussion on this “bump” business. VA raters say the M 21 forbids both bumps." If I am reading that correctly he say that you could get one (1) half bump and no more. Of course, I could be wrong. Someone more knowledgeable will have to take it from here.
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SPECIAL MONTHLY COMPENSATION–WHAT IS IT? | Asknod Veterans Claims Help
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How does the VA define "loss of use"?
toddt replied to 63Charlie's question in VA Disability Claims Research
38 CFR § 4.63 - Loss of use of hand or foot. | CFR | US Law | LII / Legal Information Institute (cornell.edu) -
Continuing prayers for Brenda's well being and speedy recovery. You're doing a great job.
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It may work in your favor. I had at least 6 C&P exams for the same condition, the last C&P exam verified the evidence I had presented. The veteran's law judge granted me 100% back to my initial claim. My initial claim was March 2013 and with Nehmer that will take it back to March 2012. Along with that I will be getting SMC S-1 back to June 2014. Hang in there . . keep up the good fight.
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Praying for the best outcome.
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a dental C&P exam not related to the disability claim
toddt replied to AFWifeAZ's question in Veterans Compensation & Pension Exams
Looking up "mucoepidermoid carcinoma" it appears to be substantially related to the salivary glands. I would venture to guess that the c&p dental exam would be to see if his salivary glands were affected. However, it seems to me that a salivary gland exam would be done by an ear, nose and throat (ENT) doctor - I believe the new term for ENT doctors is: "Otolaryngologist". If you want to do a lot of reading of BVA decisions here is a link to every board decision since 1992: The Board of Veterans' Appeals Decision search results (va.gov) -
Congrats on the win, you've been at it awhile.
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You will need a Nexus from a qualified physician stating that your sleep apnea is "as least as likely as not" as a result of your depression. He/she must also state that they have read all of your service medical records and also state the reasons why they are tying sleep apnea to your depression citing medical studies that agree with their conclusion. Good luck.
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Safe travels . . . don't take any wooden nickels.