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Buck52

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Buck52 last won the day on March 27 2017

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About Buck52

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    Helping other Veterans and watching my grand-monsters grow up! Vietnam Veteran

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

    If you smoke STOP NOW its not easy and its never to late please don't let open heart by pass surgery be a good motivator to Quit.

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  1. This may help after you get into the link you can click on the hi-lighted area of your question https://www.seankendalllaw.net/blog/vaevidenceintakecenters.cfm I would think this is a NOD 21-0958 They want you to send if you disagree with the decision.(within one year of the decision. The evidence intake center is a distribution center to go paperless and send out your appeal or claim to any of the R.O.s through out the country.
  2. WILL BE AN INTERESTING DECISION ? PLEASE LET US KNOW WHAT THEY DECIDED?
  3. vetdog and wife , remember If your claim for disability compensation benefits was denied and you submitted new and material evidence to reopen that claim, and the VA then awarded you benefits, your effective date will generally not be the date of your first application. Instead, the effective date will usually be the date you submitted your application to reopen the claim. your case is complicated , I have no doubt you will win a decision on some of these conditions, but keep in mind on a reopen you basically loose the EED from when you first filed. Now I am not sure if you CUE some of these but I don't think you will need to. ( JMO)
  4. Here is Asknod Illistration for SMC's : Mr Potato Head Illustrations to see how the SMC Latter/Scale works out for the S.C. disable Veteran https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/ Also timing is everything when you file or appeal your claim/claims.
  5. I agree with broncovet since your hubby is 100& P&T & has other S.C.conditions that render him more disabled, according to some of these DBQ's you posted just from what I read (I never read all 17 of your post, but from my opinion you should file all these claims and let the VA Figure it all out..since your hubby is 100% the SMC will start up and depending on the Claims/Appeals you file and win a decision over 60% FOR ONE S.C. SEPARATE DISABILITY then you will meet the SMC S Criteria and on up the SMC Latter (so-to-speak) deepening on all your hubby's S.C. disability's . Note as broncovet mention After 100% then the SMC KICKS IN AND THE COMPENSATION IS HIGHER ON UP THE SMC Latter.. Going up the SMC latter there is more compensation ,Again depends on the disability criteria VA has set for each veterans disability /disability's or combined ratings.... With all these These DBQ;s for claims/appeals be sure to pay close attention to all Early Effective Dates vs Claims Filed /Appeals or Reopen. (Dates are very Important) I personally think your hubby should get a favorable decision for the SMC A&A OR SMC L..... Maybe even more higher up the SMC Latter Beings your Hubby can't take care of him self due all to his S.C. Disability's you get a Quailfied Dr to opine that he can't care for him self and needs help from others. because that's basically what you guys are seeking. (jmo) Again check out asknod.org his Illistration OF Mr Patato Head for SMC's It makes no difference to me who helps you ...if I did write something wrong or give you wrong advise I certainly apologize to you and your Hubby.....to me as long as you guys get ALL your hubby's benefits & what he entitled too that is what this is all about and is certainly fine by me and what we members all strive to get our Veterans. I do want to say that if one of us gives out the wrong information or advise. were check daily by other members and set straight on the topic when at times some of us may give the wrong advise or info. I am glad you came to Hadit for help...all our help is free and done with some of the most highly experience members without costing you a Dime
  6. I agree with vetquest but some times they don't read for enough grrr0r you have to prove your evidence since it (NOD) came back the same YOU need a qualified Dr to state or show what you just mention above YOU QUOTED'' '' My medical records show clearly and repeatedly that I have had many signs and symptoms due to urolithiasis (stones that form in my urinary tract). By correctly checking question 4C as YES he would have been further instructed to indicate the severity which would have included: 1)occasional attacks of colic and 2)causing voiding dysfunction'' Obviously it was on the DBQ but was missed!/? This needs to come from a Qualified Dr...so yes you need a good IMO/IME Obvious they didn't read what you mention,as we all have had this kind of problem...fight back with a good IMO.
  7. General Rating Formula for Mental Disorders Rating Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0 Note" for combined ratings maybe this link will help? https://www.law.cornell.edu/cfr/text/38/4.25
  8. I think he means How does the VA come up with a % of the disability its self? not the calculation of the disability...as we all know is what our conditions is rating at or suppose to be rating at from the rating CRITERIA schedule Sheet/Manual for our S.C.disability Like bilateral combined ratings there's is a rating formula for them as they are a rating formula criteria for them to decide how to rate our S.C. Disability this is not in e-benefits All I know is I look at my S.C. disability and look at the criteria rating scheduled for that disability and the severity of that disability to make sure I'm not getting low-balled or the wrong rating.
  9. I believe it would be rated under the code of 6521 which as a 50% rating since chronic pharyngitis is part of the of the pharynx.
  10. ask your VSO to check on it. it should take but a week or two for a small retro amout but since the retro is over 25.000 00 it may take up to 3 /4 months.
  11. well they use a rating chart depending on how bad your conditions is rating or the severity of them. they get that information from a rating schedule manual and the Dr's them self.
  12. They give a close estimate percentage to your condition ... if the condition is at 4% you get a 0% S.C....If it was at 6%you get a 10% rating. they round the numbers at .5.0% below the 5 % would go toward the 0% above 5% they round it off at the 10% & all the way to 100% How they come up with the % like they do is any body's guess They have a special calculator they use for VA Math. you have combined 50% rating at 51% 39% plus 10% plus another 10% is 51.4% rounded out at 50% now if you had the 50% rating before the 2 -10%ers 10%tinnitus and 10% for Jaw...your combined rating should be 70% combined.
  13. They give a close estimate percentage to your condition ... if the condition is at 4% you get a 0% S.C....If it was at 6%you get a 10% rating. they round the numbers at .5.0% below the 5 % would go toward the 0% above 5% they round it off at the 10% & all the way to 100% How they come up with the % like they do is any body's guess They have a special calculator they use for VA Math. you have combined 50% rating at 51% now if you had the 50% rating before the 2 -10%ers 10%tinnitus and 10% for Jaw...your combined rating should be 70% combined.
  14. Well if they do another sleep study and they say you no longer have Sleep Apnea, they may or may not take it away chances are they Your R.O. Gets word of it you will more than likely get reduced...for the S.A. But wait and see if you still have it ? it could be worse that the 50% the sleep study will show that or it maybe the same as you was.&YOU WILL KEEP THE 50% you can appeal if they send you a proposal to reduce.
  15. Hers is James Cripps Webb site http://usva101.org/ you can contact him there.(ask quesations about the AUTO GRANT) He is very pleasant to talk with and very very helpful.
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