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jamescripps2

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  1. Like
    jamescripps2 got a reaction from Vync in Benefit wise...What happens when I die??   
    It is purely a coincidence, but the topic to be discussed on the 10/11/2024 Exposed Vet radio podcast is exactly pertaining to your question that you have posed in this thread about what does your wife do, and what will she need upon the occasion of your demise.
    To listen in, about two minutes before 6:00 PM Central time, dial (515) 605-9764. you will be able to listen to the show. If you have a question or a comment, press 1 at any time and you will be able to communicate with the host,  John Stacey and co host Ray Cobb.
    I suggest inviting your wife to listen in and be prepared to take some notes.
  2. Like
    jamescripps2 got a reaction from namvet6567 in retroactive backpay/Intent to file   
    If you sign a new 21-22,POA form, it superceedes the prior 21-22. Inother words it fires your prior POA and appoints a new POA. Whoever you appoint as your POA can revue your records and act in your steed. So, what I would reccomend, is make a request to whoever is your assigned POA to do an audit in order to see if your pay is correct. If they can't seem to be able to get that done, then sign another 21-22 with a different service orginization or even your state or county service officer.
    It is worth noting here, if your POA is with the DAV, then only the DAV can work for you, or even see your information. Whereas, if your POA is with your State/County service officer, or the AL, the VFW, or the VVA, your information is visable to all of those orginizations, and each one of them can help you, but not the DAV.
  3. Like
    jamescripps2 got a reaction from namvet6567 in Benefit wise...What happens when I die??   
    No, upon your demise your wife will not receive your funds. Depending upon your circumstances, your wife may, or may not qualify for DIC payments as a sole surviving spouse.
    If you die of service related causes, or if service related causes are listed on your death cirtificate as a contributing factor, she would qualify for DIC payments. Otherwise, if you are rated at 100% for ten years or more immediately preceding your demise, and have been married to the same surviving spouse for the same ten year period immediately preceding your death, she would qualify for $16,24.75 per month at the 2024 DIC pay rate.
    If your wife first qualifies under the ten year rule, then, and only then, the vA will drop back and give consideration to the eight year rule. If you was 100% for the eight years immediately preceding your death, and you was married to her for the same eight years proceeding your death, then she would also qualify for a pay bump due to qualifying under the eight year rule. The additional pay for the eight year rule is as follows.
    If you are rated as totally disabled as a result of a service-connected disability for at least eight continuous years preceding death, your spouse is entitled to an additional $246. An additional $286 is payable for each dependent child.
    I would suggest that you click on the link below and watch the video.
    https://www.youtube.com/watch?v=nHz4PDvENMw
    I hope this clears up your lack of understanding.
  4. Like
    jamescripps2 got a reaction from Vync in What is everyone's current BVA appeal status as of January 2024?   
    To give you some hope, from what I am seeing, the PCAFC cases are being heard in a timely manner at the Board, much quicker, and not in competition with other claims. The drawback is that the Board is remanding the claims back to the VHA to be properly re adjudicated. There is where they hit the VHA's backlog and linger for quite a while.  Some for more than a year.
    At the web site below, you can look up those prior decisions that have come before the Board to see how they were handled. The one decision that was actually granted by the board was my own appeal for level 2 caregiver benefits.
    Copy and paste the link provided below into your web browser , Then, In the BVA's search box type , VA cpafc caregiver appeals.
    To see my own case, type my citation number in the search box  A22011682.  Good luck, and God's speed to you Sir!
    https://search.usa.gov/search?affiliate=bvadecisions&_ga=2.77268117.1265507262.1648799257-1511624019.1640929699
     
    Don't be surprised if the CPAFC caregivers program comes up as a topic for discussion on the Exposed vet Podcast on Thursday evening, 01/04/2024 at 6:00 Central time. Dial (515) 605- 9764 to listen in.  I have also written quite a bit about appealing a PCAFC caregiver's decision at my website,
    vatheredneckway.com
  5. Like
    jamescripps2 got a reaction from Vync in Hypertension in Service connection rated at 0 percent   
    Yes it would. There are many secondary conditions that might result from the HBP. You could file on them as they occur, if hypertension was already service connected.
  6. Like
    jamescripps2 got a reaction from Riplip in Disability rating above 100% ?   
    100%, as far as I am concerned, is only a baby step. I am rated R-2. That is twelve steps above 100%. My Check is 10,567.47 per month. Check it out. 
    https://www.military.com/benefits/veteran-benefits/special-monthly-compensation-smc-tables.html
  7. Like
    jamescripps2 got a reaction from blahsaysme2u in Anyone who has been with the caregivers the last few years, have you been getting kicked out??   
    The way to win is to submit a completed VAF 10182 and ask the BVA to take a look at your case. ((.((% it will be remanded back to the VHA with an expedited status ordered by the BVA judge with speciffic instructions on the readjudication of the claim. A win will produce backpay. That is how I won on June 22, 2022.
  8. Like
    jamescripps2 got a reaction from Vync in old fart hiring risk...   
    First of all., apply for VR&E benefits. They will assess the feasibility of wheather or not you can be retrained / re educated to return to work for gainful employment.
    After the interviews they will find that you indeed are not employable. They will do the write up that you are no longer employable.
    With that being said, then file for your unemployability using the VR&E letter so support your claim. You might consider filing for an increase on that IHD considering your pooped out feelings. You might just end up with an "S" award and plan a shopping spree!
  9. Best Answer
    jamescripps2 got a reaction from blahsaysme2u in Nexus Sample Letters   
    Your VSO may have copied those for you but I actually wrote them and posted them on the United States Veterans Alliance site (USVA) web site in 2009. I wrote the two page examples in your first PDF attachment. I had nothing to do with the second PDF attachment and do not recognize it.I know that they were copied from our web site more than 5,000 times. I closed down the USVA website due to hackers in 2018 and transferred the Nexus letter documents to my web site where it can be found and copied today.
    [Removed Link per Forum Rules]
    I wrote those documents to be distributed far and wide in order for veterans to easily obtain their nexus letters. Thanks for helping in passing them along! It is indeed a small world!
  10. Like
    jamescripps2 got a reaction from blahsaysme2u in Cutting VA Compensation   
    I wouldn't loose any sleep over it!
  11. Sad
    jamescripps2 got a reaction from Vync in Adverse Drug Interactions   
    The VA prescribed Jardiance for my heart failure and diabetes. The side effect of the Jardiance caused me to have Fournier's Gangrene. As a result, my body had to be reconstructed from my knees to my navel. 4% survival rate to make it through all of the surgery and 12% to make it ninety days. That was in July 2020, and I survived!
  12. Like
    jamescripps2 got a reaction from broncovet in 100% total permanent rating but do i still file for ptsd and pact act   
    Above 100% there are twelve SMC letter awards. Top pay is North of $10,000.00 per month. Don't fence yourself out of being awarded the higher SMC awards by not filing for disabilities beyond 100% because of fear of reduction.
  13. Like
    jamescripps2 got a reaction from Vync in 100% total permanent rating but do i still file for ptsd and pact act   
    Above 100% there are twelve SMC letter awards. Top pay is North of $10,000.00 per month. Don't fence yourself out of being awarded the higher SMC awards by not filing for disabilities beyond 100% because of fear of reduction.
  14. Like
    jamescripps2 got a reaction from Riplip in Nexus Sample Letters   
    Your VSO may have copied those for you but I actually wrote them and posted them on the United States Veterans Alliance site (USVA) web site in 2009. I wrote the two page examples in your first PDF attachment. I had nothing to do with the second PDF attachment and do not recognize it.I know that they were copied from our web site more than 5,000 times. I closed down the USVA website due to hackers in 2018 and transferred the Nexus letter documents to my web site where it can be found and copied today.
    [Removed Link per Forum Rules]
    I wrote those documents to be distributed far and wide in order for veterans to easily obtain their nexus letters. Thanks for helping in passing them along! It is indeed a small world!
  15. Like
    jamescripps2 got a reaction from Whodat in Treysnonna   
    You can apply for the Hisa grant through his PCP. The grant is $6,800.00. hisa grants are under the scope of Phrostetics.
    Other than that there is the SAH grant. About 110,000.00 the last that I heard and it can be used as many as six times. The veteran needs to be rated with some of the SMC letter awards to qualify for the SAH and SHA grants. Usually that requires loss of, or loss of use of extremities/ and or blindness to qualify. You can google the VA housing grants to check qualifications.
    Sounds like he might can file for loss of use of hands because of the tremors. The right leg, depending upon the severity might qualify as loss of use, and a vehicle grant, again, depends upon the severity. The tremors might also be considered as parkensons like symptoms.
    If he is 100% P&T and unable to work, you can apply for VR&E benefits. VR&E will evaluate him and if they find that he cannot be retrained to become employable they will offer him the Independent Living Program. ILP has deep pockets for home adaptation, remodeling, computers, matress and springs, stand up recliners and such. You can google VAs Independent Living Program.
    More questions? I got answers! Hisa, SAH grant, ILP, Automobille grant, I have been there and done that.
  16. Like
    jamescripps2 got a reaction from asdf in Agent Orange Award for Hypertension Granted, but at 0%   
    In reality, we never expected hypertention to be awarded at anything more than 0%, except in extreme cases where it might be awarded at 10%.
    The real benefit comes into play when the vet is awarded at 0% and later claims conditions as secondary to the hypertention. The posibilities are endless. Heart disease, stroke, vascular imparement etc.
  17. Like
    jamescripps2 got a reaction from Whodat in Lost my 10% VA Claim for Hypertension. Now what?   
    # 1, Was your 10% HBP rating fully stabalized by being in effect for five years or better at the same rate?
    # 2, The C&P doctor did not /could not reduce you or assign a percentage. The rater made the decision, supposedly based upon all of the evidence contained in the record. Other than self satisfaction, going after the C&P doctor will get you nowhere, causing you to loose focus. I suggest that if you disagree, go for a Supplemental Claim and seek your own medical opinion and DBO.
    Being in the same situation once, I complained about the quality of the C&P exam and the credentials of the doctor. I was only offered another C&P preformed by the same doctor. Having no choice, I agreed and got the same old song and dance but the rater granted the claim despite the unfavorable C&P exam.
  18. Like
    jamescripps2 got a reaction from asdf in TBI claim for SMC-T   
    If you are infact 100%p&t then why are you filing for tdiu?
  19. Like
    jamescripps2 got a reaction from Ranmic in HLR decision and question   
    I would think that the vba will order a new C&P, or at the least, ask the previous examiner for clarification or an addendum for more information on a previous exam.
    If you don't have a nexus you might take the opportunity to get one. 
    Your claim will be kicked out of the HLR and up to a suplemental claim because of the missing but needed medical information, giving you a chance to submit a nexus letter.
    Supply your own good luck!
  20. Like
    jamescripps2 got a reaction from asdf in Chronic Pain   
    I don't care what Hill and Pontoon or anyone else says. The VA is going to put you under a magnifying glass when you apply for loss of use. They are not going to give you loss of use because you need to slide a coin to the edge of a table in order to pick it up, or the fact that you can't hold on to your favorite pot and pan.
    If you do your home work, get your ducks in a row and lawyer up, you are still years away from winning a loss of use claim. You will at the least go to the BVA and probably the CAVC and back.
    Not trying to discourage, but if you do intend to file for loss of use of hands and/or feet you need to get serious about it. For the most part, what H&P wrote is intended to attract customers but can't be supported by law.
  21. Best Answer
    jamescripps2 got a reaction from brokensoldier244th in loss of smc letter k   
    SMC "O" is known as the maximum SMC rating. You shed your "K" ratings when you are awarded SMC "O". A&A ratings  R-1 / R2 can be granted beyond SMC "O", 
  22. Like
    jamescripps2 got a reaction from Cavscout1977 in Dazed and Confused Caregiver Denied   
    You don't need a lawyer. The same qualifications that got you the R-1 rating show the need for a caregiver. It is a simple process to appeal to the BVA. Just file the va form 10182 and ask the BVA to revue your case. Don't forget to ask to be advanced on the docket for the reason that you are a R-1 rated vet. You will find that you are more knowledgable about the CPAFC program than a VSO, as they have never been trained on the caregiver's program.
    Just fill out the 10182 on your own and fax it to the address on the form. A vso can fax it for you or your bank will fax it for you. Ask for a fax comformation receipt. You can handle this!
  23. Like
    jamescripps2 got a reaction from ShrekTheTank in VR&E   
    Yes, you can go through VR&E, fill out the half page application, and you will be assigned a case worker. If it is determined that you are not a candidate to be re educated to go back to work, they will put you in their Independent Living Program. There you can request anything that you need to be able to live in your home and community more independently.
    In the ILP I requested and was given a computer, a printer, software, Dragon Naturally Speeking Program, $3,000.00 theraputic box springs with matress, sheets pillows, pillow cases, matress covers, and a $2500.00 stand up recliner. 
  24. Like
    jamescripps2 got a reaction from Ronc531 in Medical for family?   
    No, there are no medical benefits for a 90%  disabled veterans dependents. Only for 100% P&T or TDIU. If you are 90%  and cannot work I would suggest that you apply for TDIU. If granted TDIU you would be paid at the 100% rate and CHAMPVA insurance would provide medical benefits for your dependents. Chapter 35 benefits would also provide education benefits.
    Otherwize, revue your claims foulder to see if you might be able to file an additional claim or file for an increase on an already service connected condition.
    TDIU = Totally disabled and Individually unemployable
  25. Like
    jamescripps2 got a reaction from Ronc531 in Medical for family?   
    Go to my website and read what I have written about loss of use of feet. What I describe there could apply in your own case. If so, pm me or post on hadit and I will tell you how to procede with a loss of use claim. If you think you might have the problem that I describe then get an appointment with your VA Podiatrist and ask him/her if you do indeed have drop foot.
    As far as filing use a VSO who works for the American Legion, VFW, DAV, VVA Your county or state rep, or you can do it online.
    My website, vatheredneckway.wordpress.com
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