jbasser

Here is the criteria for SMC K. § 3.350 Special monthly compensation ratings. The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114. (a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114®. J

Disabled Vets dependants get champ VA. Unless you are a retiree from service, disabled vets can not get tricare. We have to use the VA if we have no other insurance. My wife and son have champ va as a secondary insurance to anthem and they dont pay any co pays. MD and pharmacy. We do get medicare if approved for SSDI ( 2 year waiting time). J

I am a good boy, I have not been afforeded the opportunity to visit the Pokee. I know several folks who have lived there for several years. I have a relative that went to Federal Penn for 2 counts of armed Robbery. (he made 2 withdrawals from 2 banks that he did not hacve accounts in and he tried to sign the withdrawal form with a 38)

I believe you are permanent and total since you receive the pamplet. DID the letter say no future exams were to be scheduled? That is often the kicker for P and T. Congrats on the win. J

Skunk the Name is Berta. and you are correct. She is an asset to anyone here and we should not hide our appreciation for what this very fine lady does for our Hadit Veterans. I owe her more than you can imagine. John

This makes sense as it should have been implemented from the begining, If you were diagnosed with PTSD in service then you do not have to prove a stressor. J

You should look at the VA website. You are having these problems on Active Duty and you are getting out in 5 months. You can file a claim with the VA and state claim for an undiagnosed illness with the following issues, State your issues. They should connect it. Then when you do get diagnosed you can update the claim. Now it is imparative you keep all medical information. J You should look at the VA website. You are having these problems on Active Duty and you are getting out in 5 months. You can file a claim with the VA and state claim for an undiagnosed illness with the following issues, State your issues. They should connect it. Then when you do get diagnosed you can update the claim. Now it is imparative you keep all medical information. J

The United States Centers for Disease Control (CDC) reported that from 1990 to 2000, more than 1,859,000 doses of anthrax vaccine were distributed in the United States.[11] During that decade, 1,544 adverse events (.08% of total doses) were reported to the Vaccine Adverse Event Reporting System (VAERS), 76 of these events (5%, 0.004% of total doses) were serious ("results in death, hospitalization, or permanent disability or is life-threatening"). Reports to VAERS are not necessarily events that have a cause and effect relationship, and the number of unreported adverse events caused by vaccines is unknown. These figures are intrinsically misleading in as much as the VAERS system is a passive system, meaning that there is no notification process within the military to inform either troops or outprocessing servicemembers of its existence, let alone instructions for completing the paperwork. Although individuals have expressed health concerns after receiving anthrax vaccine, a congressionally directed study by the Institute of Medicine (part of the National Academy of Sciences) concluded that anthrax vaccine is as safe as other vaccines. The Academy considered more than a dozen studies using various scientific designs, and heard personally from many concerned US military service members.[12] Concern has been raised that The Pentagon did not inform the United States Congress about more than 20,000 hospitalizations involving troops who had received the anthrax vaccine, because "hospitalizations merely followed vaccinations in time, without documented proof of a cause-and-effect relationship."[13] Independent researchers, David and Mark Geier, published "Anthrax vaccination and joint related adverse reactions in light of biological warfare scenarios" in Clinical and Experimental Rheumatology in 2002 vol. 20 page 119. They also published "Gastrointestinal adverse reactions following anthrax vaccination" in Hepatogastroenterology in 2004 vol. 51 page 762. The Geiers found a very large and statistically significant increase in joint symptoms and gastrointestinal problems following vaccination with anthrax vaccine. These authors concluded that due to the extreme reactogenicity of anthrax vaccine, its general use in the civilian population is undesirable. The safety of the U.S. anthrax vaccine continues to be an active area of study for both government and non-government personnel, but to date no data have been found that have caused the FDA to declare the vaccine anything other than safe and effective.[8]

Have you ever been tested for Lupus or other Auto Immune issues?? Do you have stomach problems. Ask them to check it out. J

Here is the exam you are going to have. http://www.vba.va.gov/bln/21/Benefits/exams/disexm15.htm Here are the ratings for the ears. http://ecfr.gpoaccess.gov/cgi/t/text/text-...idno=38;cc=ecfr Study them closely and compare your latest hearing test to the charts attached. J

Now I get it. The VA is playing Adverse reversal with you. They think you blew off a C@P exam when you did not receive it. That is a dfficult hurdle to jump over. You have 2 doctor opinions stating your back is related to the Auto Accident in service. Did they have the Xray results from the Accident. That is medical evidence and they cannot deny it. They have to get an opinion. Since it is going to a DRO hearing I would play it out before I got an attorney. I would definatly do that. They will leisten to an attorney. I fought the same issue as you since 1994 and it took me until 2003 to get a measley 10 percent. After countless NOD's a DRO review I won. I am rate for Djd.DDD cervical spine with raduculopathy to the median nerve. Mine is rated under traumatic Arthritis since it is Post Fusion. Yours would be under IVDS. Have you had another c@P exam for the back. If not and you get one pay attention to the Ranges of motion. The farther you bend the less percentage you will get. Keep us posted onthe results. J

Quint, what did the VA ue to deny the claim?

You will never hear a sub sailor complain about the chow.

Quint, I know it is expensive for a BASH opinion. Do you mind telling us what information you sent him?. WAs it MRI's X rays and ECT? What was the Denial based on, Most are based on Proving the link between injury and service. If it was an increase they would deny it based on the criteria in the regs. (They would say your condition does not equal the next higher percentage in the CFR. Was it an increase or new service connected issue. I am just wanting to figure this one out. J

OK Adora, I will leave it alone. But if it gets out of hand I or another mod will close it. John

Folks I see that we disagree. If we disagree, lets just agree to disagree or take it off of the board. Whos right whos wrong does not concern me at all, Lets move on. J

VONS, RALPHS, KROGER, WINN DIXIE, WAL MART, Open a credit union account for 5 bucks. Also check into another bank. It is easy, all you need is an id card. They cant hold a Government check. J

They are paying you as a single Vet. You need to fill out the dependant form and send it in again. http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf J

You do not need a VA form, all you have to do is to go to the nearest SS offce and request the foilder. You have this right under: http://www.socialsecurity.gov/OP_Home/cfr20/402/402-0170.htm J

Congress made this law. Do not allow anyone to attempt to attach your VA comp. § 13.111 Claims of creditors. Under 38 U.S.C. 5301(a), payments made to or on account of a beneficiary under any of the laws relating to veterans are exempt, either before or after receipt by the beneficiary, from the claims of creditors and State and local taxation. The fiduciary should invoke this defense where applicable. If the fiduciary does not do so, the Veterans Service Center Manager should refer the matter to the Regional Counsel for appropriate action. [40 FR 54251, Nov. 21, 1975]

SMC S rate. 100 for Restrictive Lung Disease with PPH. An additional 70 percent combined per VA math. May have to have entire c spine fused. J

Was your son medically retired from the Military? if so is he entitled to tricare. If he is, get him away from the VA and into the private sector. The majority of brain injuries occur during auto accidents. These folks have more experience than the VA and he wiull receive better care. As far as a TBI claim, If your son is rated 100 percent for a closed head injury, The VA may consider a TBI claim as pyramiding. I hope this is not the case but I woujld not put it past them. John

Reading the regs governing the Special Monthly Comp ratings for SMC. Do I interpet it correctly that f you have an additional 50 or 100 percent disability added to your Service connection of a different body part that the SMC will be increased to SMC (0). The reason I posted is I had another MRI today and it is real Ugly. J

I get to go fishing on a lot of posts. That is worth it. J

I suggest you get an IMO. Send your MRI disks to the Doctor. Your best bet would be Craig Bash. He can read the reports and put your claim together. There are other Neuro Docs out there but Bash is the expert when it comes to the spine, J