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Buck52 last won the day on March 27

Buck52 had the most liked content!

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About Buck52

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    HadIt.com Elder/Moderator

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  • Military Rank
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    Helping other Veterans& watching my grand-monsters grow up and driving my spouse more crazy than me eh!
    Vietnam Veteran

    Enjoy good old traditional country music

    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

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  • Service Connected Disability
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  1. Interesting Facts About DIC http://www.benefits.va.gov/compensation/resources_comp03.asp
  2. FOIA usually on the statement in support of claim'' or included when you sign it. I tell every Veteran I see that is ''going to or fixing to" file a claim to send in the FOIA Request and request his/her C-File at the same time. (Before filing a Claim) If you wait to do this and file a claim, the VA will send off for most of your Records (normally) even if you send them in what Records you have in your possession , they want to make sure these records are official...ok this is in part (my opinion) what slows down the claims process. When this happen your Records are no where to be found and the wait is on. So please send for all your military service & medical Records (C-file most important) before you file a claim, go through these records, you may find information in them that will speed up your claim and also file for other conditions you never knew about/remembered if the information is there. JMO
  3. porgee, Great Information Here,Thank You for Posting.
  4. Now, I suppose I am one of the thousands Veterans they stiffed! if you get SMC S HB From this recent decision for IU and they back date the SMC S That's a pretty good hunk of change there. Heck I might file to re-open to get the SMC S I should have got back n 2002 when I was Awarded the TDIU P&T I did not leave home for work.
  5. When did Howell Rule come out? I understand that..but what about the SMC Criteria of having to be 100% and if the Howell Rule Criteria is for this reason you can't leave home for work...is it grand-fathered in for EED? for SMC-S? What about Veterans like me that was TDIU P&T and did not leave home for work back in 2002...No SMC S was statutory or ever inferred to me back then? I guess I got the SMC S The hard way or the old fashion way...by getting a Separate 70%S.C. Rating of 100%plus 60%meeting the SMC S Criteria. or maybe under the Bradely vs Peake Rule?
  6. Yes I understand about the '' can not leave home for work'' and the SMC S should have been awarded to you for this reason. (Using the Howell Criteria ) ( However you were not 100%) being IU Don't mean your rating % is 100% it means they are paying you at the 100% rate but your combined total rating is 90% Now Unless they change this after I got my TDIU P&T 15 YEARS AGO..I could not leave home for work but I could leave home to buy groceries ect,,ect,,but I was not 100% rated They never infrred me the SMC S to me back then? Unless this rule has change recently in the last 7/8 years? (Howell Criteria) I never or the VA Never change that for me to the SMC -S HOME BOUND b/c I did not leave home for work...Guess they beat out of about 15 years of SMC S? Because Back when I got the TDIU P& T I was 90% combined rating and they used the extra scheduler rating to boost me up to the IU.back in 2002 Ok, now I am being paid at the 100% rate but still have a over all rating at 90%...so actually there saying I did NOT meet the SMC -S Criretia for this reason...(being 90% combined rating & not 100%) Even though I did not leave home for work! I never fought them on this b/c I always had thought a Veteran has to be 100% to qualify for the SMC-S? with a Separate 60% or higher S.C. Rating. So unless these rules have change since then maybe they apply today? I got the SMC -S because of another Separate S.C. Rating of 70% for chronic PTSD & that boosted me up from the 90% combined rating to the 100% plus the extra 60% for SMC S.& the TDIU is moot. My over all rating now is 190% with the 2 SMC's I might get Sleep Apnea S.C. TO MY secondary to my PTSD..been thinking about it but no more $$in it for me other than wife DIC if Sleep Apnea Gets me. As I understand all this? Maybe not?
  7. Accept the IU AND appeal the EED. or if your ok with the IU?..I's just leave it alone. Also you have that'' NSC'' hanging over your head. I don't think IU is enough to get SMC-S??? Especially if they used the Extra scheduler rating system 416 (b) other wise they would not need to use that. Also in 2002-2004 if you was not S.C. then you need to recheck that EED.& you mention no Dr mention you was ''unemployable'' back then! I applied back in 1997 and finally awarded 50% IN 2000..OK in 2001 I applied for increase and from a proposal to reduce that rating by a VA C&P Examiner (at the time) USING A DRO hearing at R.O. ....>DRO awarded the Increase and instead of a reduction. And b/c I could not work from this S.C. Disability he Awarded the TDIU P&T but did not go back to the 2000 filing for increase he went back to when I first filed for the INCREASE which was 2001 I had TDIU P&T for years (14) and I never was awarded the SMC S ( &Could not leave home for work) it was years later that I reach the SMC S Criteria with a S.C. 70% PTSD Rating because it was a separate S.C. Rating I meet the SMC S Criteria. and they inferred it as its a mandatory rating. Also bronco for a quick answer to the SMC if they used the extra scheduler for you to reach the IU 4.16 (b) And IF you don't have another separate S.C. Rating at 60% or higher then you don't meet the SMC Criteria on the special SMC Rating Table even if you had a combined rating before the IU was Awarded you would still have to meet the SMC Criteria As I understand it.
  8. Correction I apologize If you get 100% rating schedular rating or a combined rating using the extra schedular for a mental rating (PTSD) you can't work with a mental rating...With either ratings scheduler 100% or the extra combined 70% rating boosted up to the IU 70% BEING PAID AT THE 100%RATING I totally forgot about the mental rating criteria
  9. kent101 As long as you can work or presently working you can't get IU. Now if your disability gets worse and a Dr opines it does and he stated you have to quit working because of your S.C. Disability you can file for increase on your 70% & file the IU Claim at the same time because VA Don't always infer. A Letter from Voc-Rehab stating your not feasible to retrain at this time helps and is the golden words. you could try to go for the scheduler 100% ...then you can work and make so much, but if you get IU you can't work at all and report income. There's a way to get IU with your current 70% if it keeps you from doing your job you was trained to do and currently have if you have to stop working you can file the IU using the extra scheduler combined rating 4.16 (b) under the CFR 38 IU Criteria §4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
  10. Yes I wish you the best paul maybe and hopefully this will be a good old approval in the making for ya hang in there!
  11. Will TDIU benefits be cut?

    I guess were all going to see how this plans out?? ..I had heard the New VA Secretary had done away with this Ideal? I'm tired worrying bout it.
  12. What To Do With This Letter

    I'm not sure I understand the question? you can't appeal until your denied. If this is for a claim that has not been adjudicated just yet with approval or a denial , then I would ask for another C&P Remember you can disagree and appeal a decision if its approved or denied. What did the Examiner mention about your eye sight from the military? this has to be caused from your military service to established Service Connection. But as I Mention Maybe I'm not Fully Understanding your Question. other members can chimme in .....
  13. Am I there yet?

    This is great news James, I hope other veterans read up on some of your post that is eligible any type of SMC. Good Work!!!
  14. EED time line?

    Roger That Bronco
  15. Are they a limitation time line to file for un coorrect EED? Going back 15 years ago? If a veteran finds that the VA never awarded his EED and has the records to prove they didn't? Example Veteran files first claim in 1997 and was denied..then he files a disagreement but not with in the NOD Time line and claim was closed... 1998 Veteran files to Reopen the claim VA accepts this Reopen and Veteran files for compensation for the same disability..VA awards Service connection at 0% ..ok here is the kicker Veteran in year 2000 Veteran is sent for C&P on this particular claim and was awarded 50% in 2000. They started paying the Veteran for the 50%increase the following month 4 -17-2000 at the 50% historic rate of 609.00 Should the Veteran REOPEN that claim and request the EED be paid back to the 1998 decision as to when they first S.C. him? but never paid him a dime until he was awarded the 50% in 2000 and was paid for that the following month. Since this happen in 2003 the Veteran filed for increase and was awarded a 10% to 60% & 30% for increase and was rated a combined rating @90% because this S.C. Disability the Veteran could no longer work and was awarded TDIU P&T & Currently with two more awards with SMC-S AND K Can the veteran Reopen this claim and get his almost 28 months of Back pay he never received back in 1998 to 2000??? or does the Veteran leave it alone?