Buck52

Try JSRRC @ or they maybe located in your state capitol (Dept of military records) send in the FIOA form that gives thre permission to look.

From July to August 1970 Division units conducted Operation Pickens Forest southwest of An Hoa Combat Base. From 1 September to 7 May 1971 Division and ROKMC units conducted Operation Imperial Lake in the Quế Sơn District south of Da Nang. If you can remember your unit and location and dates if the event or what is around you can describe? was it on a Holiday .birthday ect,,ect,, buddy letters help remember the name of your CO, Names of NCO;s first Srgt ect,,,ect,, you can write that all out in your lay statement to help suppot your claim , if you can give a good Ideal of the event & your location as close to these dates /locations they can check out your story and if they find your story has merit then they will accept your claim, you need medical records to support your claim but you need to describe the area you were at the best you can. anything like markers or land markers to Idenfy where you were, if your unit has desovled your lay statemet can be very benefical if they find to be of merit. Remember anything you can think of you seen while you were there describe it the best you can anything that they can relate to to check out your story that puts you there in that location an dates close to them as close as you can.

How hard is it to service connect these when no records from service/ mine I have been diagnose for both of these and being treated by the VA for the allergic Rhintis but not the Rosecea (red welps on the face around nose and mouth. I had thisDx for 20 years or longer. but I have another veteran that has it in his service records so were going to get him service connected for it going back to 1969 Vietnam combat vet. so is this hard to service connect? i know they will fight us on it.

Mr Cue ,you should have a VBA office at your VAMC If its close to you go to it and go to the VBA office ask them if they can get you a copy?tellem what you want. I got a copy of one of my C&P EXAMS there one time. 22 years ago.

I would not withdraw if it was my claim , could cause you problems later on down the road, these claims are to hard to get approve in the first place and as broncovet mention the more service connections we got the harder it is to reduce the veteran back to under his original 100% rating, file for it even if your denied at least you have it in the claims now than later if you get worse or these things cause your death. even if your not eliagble for the smc s RATINGS or A&A if any of these claims cause you to become bed ridden then they should use the date you first filed . we don't know what our future is but if we got things covered it makes it more easy later on down the old road.

No don't think he was denied, you need to ask the C&P office if he is rescheduled for the c&p? & the exmainer can go to him and do the C&P. In my opinion your dad has a good chance of getting approved if he submiited or his VSO submited the correct evidence to prove his claim, he will be apporved but do call the C&P OFFICE TO FIND OUT IF HIS C&P HAS BEEN RESCHDULED they maybe months behind most likly the reason you have not heard anything from them. Yes your correct the $$ goes to the Bank before we Veterans know it unless the Veteran checks his Bank account everyday its usally deposited in the Bank 3 /4/5 weeks some times longer before the veterans finds out about it. As for as I know its always been like this After direct Deposits started , as opposed before we just recived a US Gov CHECK IN THE MAIL.

I agree with pacmanx1 on this.

https://blogs.va.gov/VAntage/100434/secva-monthly-press-conference-employee-resilience-backlog-timely-care/

I would lose my 10% for tinnitus is they figure out how to stopp it It drives me crazy at times and I try maksking it with hearing aids and other Evaluating tinnitus (ringing in the ears) as a symptom of the underlying disease which causes it, rather than as a stand-alone disability. My opinon if they do pass this its applies to veteran that file for increase and maybe first time veterans file their claims..I don't think it effects a veteran already rated they have the 5 year rule the 10 year rule and of course the 20 year rule for Veterans that has been cocurrently rated for that long. And I really don't think they csan reduse your current benefits they may call us up for an evaulation (C&P Exam) and see how your current disability is? if its worse or has got better this is where the C&P examiner Dr comes in because what ever he writes in is exam report thats usually what they go by. so whatever you do ''Don't Piss of the C&P Examiner and if you get a letter letting you know an evaulation has been scheduled you better go to it.

I'm not sure on this what the effect will do to veterans already service conneted and rated.? I hope nothing , as for as I can tell its suppose to speed up the process with the new claims, this is not in effect just yet it's only a preposal. The proposed updates to the rating schedule for these conditions will enable VA to incorporate modern medical data and terminology to provide Veterans with more accurate and consistent decisions. They must like to keep us in the dark

The Department of Veterans Affairs is proposing changes to the VA Schedule for Rating Disabilities specifically pertaining to the respiratory, auditory and mental disorders body systems. The proposed updates to the rating schedule for these conditions will enable VA to incorporate modern medical data and terminology to provide Veterans with more accurate and consistent decisions. Veterans who currently receive compensation for a service-connected condition in these body systems will not have their disability rating impacted when the VA Schedule for Rating Disabilities is updated. Updating the rating schedule allows Veterans to receive decisions based on the most current medical knowledge relating to their condition. By incorporating modern medical data in the assessment of disabilities and how they impact earning capacity, Veterans will receive evaluations which more accurately compensate them for their service-connected disabilities. Proposed updates include: Modernizing the evaluative rating criteria for sleep apnea, using developments in medical knowledge to evaluate it based on its responsiveness to treatment, bringing the rating criteria for sleep apnea more closely in line with the stated purpose of the rating schedule. Evaluating tinnitus (ringing in the ears) as a symptom of the underlying disease which causes it, rather than as a stand-alone disability. Evaluating mental health conditions based on a more robust and holistic approach that assesses how impactful the disability is to cognition, interpersonal relationships, task completion, life activities and self-care. Additionally, the proposed evaluation criteria include a 10% minimum evaluation for having one or more service-connected mental health conditions and will no longer require “total occupational and social impairment” to attain a 100% evaluation. No change to a Veteran’s current rating would occur due to these proposed changes. If the proposed changes are finalized, Veterans who currently receive compensation for a service-connected condition can apply for increased compensation, but no reductions shall be made unless an improvement in the Veteran’s disability is shown to have occurred. The public has 60 days to provide comments to VA regarding the two proposed updates via the Federal Register notices located here and here. Thomas J. Murphy Director, Northeast District Performing the Delegable Duties of the Under Secretary for Benefits If you know a Veteran who is in crisis, call the Veterans Crisis Line at 1-800-273-8255 and press 1. Source: Veterans Benefits Administration

Here is most likly I would call to try and get the SMC S RETRO Back to 2006 at the latest if I am eligable? for the SMC S H.B. back then? thats what needs to be determined. And CC&K Advocates can help. ''Did VA Deny You Special Monthly Compensation (SMC)? ''If you believe you are entitled to special monthly compensation but VA denied your claim, Chisholm Chisholm & Kilpatrick LTD may be able to help. The experienced and knowledgeable veterans’ advocates at CCK have decades of demonstrated success in representing veterans before VA and the Court of Appeals for Veterans Claims. Reach out to CCK today at 401-251-0527 for a complimentary consultation.'' Source: CC&K web site

Mr Cue I do understand the point your making but does the VA? PROBABLY NOT IF you do win this it will open the door for TDIU P&T Veterans, being P&T Means the Veteran can't work due to his S.C. Disability and his Condition/Disibility will not improve in his life time .> this is homebound infact,<.... so if your disability keeps you from working then that means you can't leave your home to work (period) it states it on my TDIU P&T Award letter. That needs to be in the vetetran award letter when he was granted the TDIU P&T mine says it and also it says from the decision maker himself (DRO) at my Hearing. said ''we paid you from the date your Dr mention you could no longer work 2002 due to your sc disibility although records show you stopped working in 1999,'' They made my effective date 2002, ok at that time HOWELL vs Nickelson was not yet in effect , that came 4 years later (2006) on the decison the veteran is housebound an can't leave his home for/to work. I would have to go back from 2014 when I did get the SMC S back to the 2006 date to use the Howell vs Nickelson Ruling. I don't think they will do that. but then again if you win this I may just file a claim for this same thing too. 8 years of SMC S RETRO is a nice hunk of change and belive me I sure could use it. The date I was granted TDIU P&T (2002) THE DATE I recived the SMC S HOMEBOUND WAS (2014) for the PTSD rated at 70% because it was a seperate and distinct condition/disability @60% or higher and was seperate distinct from my originiol sc condition that the TDIU P&T WAS AWARED I first got the TDIU P&T BASED ON ONE S.C. CONDITION. INCRESE FROM 50% TO= 60% THEN 30% THEN 10% MAKING IT TO THE 90% LEVEL SO I WAS 90% WHEN I GOT THE TDIU P&T, THE 70% I GOT FROM THE PTSD MADE ME JUMP UP TO THE 100% SCHEDULER RATING. They say I have a 100% final degree rating. This is conciderer for eligablity for the SMC S and is a Statatory Rating that the rater or the decison maker must apply this to the Veterans claim status ''about an extra 380.00 monthly'' added in to his TDIU P&T COMPENSATION. (not sure exactely what SMC S Pays nowdays?)

I believe VBN is Veterans Benefits News or can be VETERNS BENEFITS NETWORK Or another veterans bord forum run by x va raters

Mr Cue At the time /and Date I was granted the TDIU P&T it was just one conditions. ok at the same time/Date I got the IU I also was increase by 30% in addition to my 50% I had at that time, and they throwed in the 10% for tinnitis I was denied for years. I was 50% then 30% then 10% all added up to a 60% total combined rating bucause they don't use the other % they use a special calulator to figure each %. so I was 90% combied rating but could no longer work due to one of those disability's. No SMC S homebound for me at that time- 2002..later on about - 2014-12 years later I filed a PTSD Claim and was granted 70% ok at that time is when they infrred the SMC S Homebound to me 2014

I believe to get the SMC S housbound You need to be 100% plus or TDIU P&T an additional 60% rating on a seperate rating from your 100% or the TDIU P&T These disabilitys ''%'' can add up to 60% will count....***....>if they are seperate from the conditions that got you the TDIU P&T Can you get TDIU and SMC? To receive SMC, you must have a 100% total disability rating based on schedular ratings or TDIU and an additional disability rated at or combining to 60% or more. However, if a Veteran wants to receive SMC and TDIU, the 60% rating has to come from a disability that was not a basis for the grant of TDIU.

My PTSD C&P Exam was with QTC, and a private PHD , phyistrist with a certifed degree in ? something? in her own office very plush. but she was vey nice and read all my records before the exam, she ask me a few questions and was typing very fast, , she read about the truma I went through and applolgize to me that I had to endure that that was aweful she said. I got 70% but If I had went in there dirty smelly, uncomb long dirty hair stain teeth and just dressed bad holes in my shoes shirts dirty torn, I believe she would have checked the 100% box the one at the top, I had good Hygeine ...but I was being honest. But this is ok I was already TDIU P & T this 70% got me the SMC S Hombound.

YES IT WAS JUST ONE DISABILITYat 50% BAD ENOUGH TO WARRANT THE 100% BUT SINCE I FILED FOR AN INCREASE ON THE 50% AFTER A COUPLE OF Appeals I GOT A 30% RATING INCREASE ON THE SAME DISABILITY AND 10% FOR TINITUS BUT THE FIRST 50% WAS WHAT THEY GAVE ME THE FIRST TIME BUT i FILED nod and ask for increase I was denied tinnitus four times They say in my award letter I have a 60% overall rating although I got a 30%increase and a 10% increase....> I put that on a post above how they rated me.

Mr cue I am glad Asknod helped you and you can win this thing from what he mention to you. if you do win your retro let us all know and how or what it took to win it there are lot of hadit members who have the TDIU P&T but not the SMC S H.B. DUE TO THE TDIU P&T

I think you would need a Dr to state you can't leave home for work due to your service connected disability ( back then) if you go get an IMO Then if you win this thing they would only go back to the date you had the IMO. I NEVER HAD A Dr to say that but the DRO THAT GREANTED ME THE TDIU BACK IN 2002 SAID IT. HE IS NOT A Dr. so that would be easy denial.

ok I got the smc s homebound in 2002 nothing was mention about the SMC S homebound back then, in 2014 I filed a PTSD Claim and was rated 70% the examiner at my C&P was a nice black woman she was going to say 100% but me and my wife was dressed nice was the only reason, because I still comb my hair had nice teeth and wore clean clothes I was looking at my 2014 PTSD AWARD the rater said because I have TDIU P&T AND a seperate rating 60% and more this entitles you to the SMC S Homebound. and infrred the SMC S HB at that time... And According to what your trying to do is get it infrred to you back when you were granted the TDIU P&T......> BECAUSE YOU COULD NOT LEAVE HOME FOR WORK DUE TO YOUR SERVICE CONNECTED DISABILITY, AND THEY CAN'T USE LEAVING YOUR HOME FOR MEDICAL APPOINTMENTS...NOT TO INFRRED THE SMC S HB. IF you get this I just might file on this too and have them go back to 2014 to 2002 and infrred the SMC Hombound..but some times we to becareful and not bite the hand that feeds us.

I understand what yout trying to do and I hope you win this Question what was the reason they denied you for the SMC S HomeBound? Usually not entitled I would think. Your correct they can't deny because you may have to leave home for medical appointments, but you can't leave home for work...no veteran can leave home for work if he is granted TDIU P&T Were put out to pasture you could say we can't work but we need the income to get by in this old world to feed our familys clothes them and a shealter for them to keep warm and safe. Sounds like to me you need to contact the VA secactuary Dennis McDonough or the VA Deputy secretary Donald Remy or mention it at your court proceedings you can show them what all is going on he may just pick up the phone and tell them to infrred you the SMC S with his Retro.

what about this To receive SMC, you must have a 100% total disability rating based on schedular ratings or TDIU and an additional disability rated at or combining to 60% or more. However, if a Veteran wants to receive SMC and TDIU, the 60% rating has to come from a disability that was not a basis for the grant of TDIU.

Mr Cue ''quoted'' ''The bva 2009 extra schedulers tdiu pt rating decision from 1993-2001 Never inferred smc benfits.'' I mean I know what the extra scheduler is used for they TDIU P&T to me back in 2002 under the extra scheduler (b) TDIU P&T but NO SMC S Homebound was Infrred to me at that time, it was a few more years before I got the SMC S Homebound with a 70% rating for PTSD , They used the TDIU P&T AT 90% FOR THE TDIU SCHEDULER BECAUSE IT WAS NOT UP TO THE 100% BRACKET, STILL UNDER THE 100% at 90% with TDIU P&T I WAS STILL CONCIDER TO BE @ 90% TDIU P&T BUT BEING PAID AT TH4E 100% RATE. What is extra-schedular TDIU? Extraschedular TDIU is established under 38 CFR § 4.16(b) and exists for veterans who are unable to secure and follow substantially gainful employment due to service-connected conditions, but who fail to meet the rating percentages set forth in § 4.16(a).Jul 20, 2020 In my opinion your up against this Can you get TDIU and SMC? To receive SMC, you must have a 100% total disability rating based on schedular ratings or TDIU and an additional disability rated at or combining to 60% or more. However, if a Veteran wants to receive SMC and TDIU, the 60% rating has to come from a disability that was not a basis for the grant of TDIU. Can you put up those CFR regulations for a Veteran that was awarded TDIU P&T And they give him OR Supposed to have infrred it WHAT ISTHE REGULATIONS ON THAT? or supposed to be a stactory rating for the SMC S Homebound if TDIU P&T?? I may turn in a claim for a EED of the SMC S Housbound that I never was Infrred in 2002 when I got my TDIU P&T Here is what it states in my award letter back in 2002 ''We granted entitlement to the 100% rate effective 2002 because you are unable to work due to your service connected disibility Basic eligibilty to Dependent Educational Assistance established 2002 your overall combined rating is 60% we do not add the Indivdual percentages of each condition to determine your combined rating . We use a combined rating table that considers the effect from the most serious to the least serious conditions. I was at 50% when I applied for increase and was given a 30% increase on my didsbility I got the 50% on ...> ok thats 80% then I got a 10% increase at the same date and time for tinnitus this makes me at 90% combined rating still under the 100% My point is you have to be 100% to be entitled for the SMC S Homebound with another seperate condition that is not part of your original disibility. it has to be a total seperated condition different from your origninal disability. sorry for all the miss spelling ....>spell check must be turned off?

You know I think this is a really stupid law, so if we had any type of mental health problems as a child and VA finds out about it and says you had a MHP asa child therefor your denied, ok what about our induction in the military the phyiscal and exam we all Had to take remember standing in line naked as a j-Bird next to other men you never met, ok VA says you have a clean bill of health, you serve your country some of us went to war and some of us don't go to war, ok you don't need to have served in a war zone to get benefits for PTSD IT can be any type of trauma and you have the records that proved the event that caused the trauma and you were tramatize , but VA says you had a MH Problem as a child so they say you already had MH Problems before serving in the military therefor we denied your claim for PTSD. WHAT ARE OUR BENEFITS FOR IF WE CAN'T GET THEM AND BEING TRAUMAIZE IN THE MILITARY CAN CAUSE PTSD for anyone even though they say you have it as a child, so if your claiming a MH condition and you first go talk to the MH people usually a L.C.S.W. Certifed in that area they usulally ask you question verbally or on a sheet of paper, it will ask you how was your childhood did you ever have any mental problems as a child and you tell them yes this will come back to haut you later on and cause you all kinds of problems with your claim if your claiming a MH CLAIM. back to the LCSW They normally will ask you 10 questions and what your answers are will re surface especially if you say you had mh problem as a child, just simply tell them who raised you and they did the best they could and I add a happy childhood, theres other question on this but this one is very important you never say anything about it MH problems as a child,, I am not sure they can go back that far if your of an age 21 or more but say they do find something you need to tell them you don't remember it....I been doing ok until I was traumtize while in the military and you go into detal of what happen where it happen and if you were treated for this type of condition. I just think if we serve and while were serving and something traumatize us ,,we should get compensated for it trauma can be anything that frightes you that you never felt before in your life and it usuallly will hang on to you the rest of your life this can be combat trauma, witness to a death, or even a car accident, to seeing dead bodys loaded up , or sexual trauma , anything that traumatized you file for it. don't be embarressed to talk about it let them know just how it made you feel and it has change your life and tell them what changed ect,,,ect,,, so when they send you to MH TO BE EVAULATED BE SURE TO LET THE LCSW KNOW WHAT IT WAS THAT TRAUMATIZED YOU LOCATION DAYTE AND TIME IF YOU CAN REMEMBER OR IF IT'S IN YOUR MEDICAL RECORDS.