Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

Buck52

HadIt.com Elder
  • Posts

    13,795
  • Joined

  • Last visited

  • Days Won

    220

Everything posted by Buck52

  1. yes i agree with you brokensolider I was just letting this VETERAN KNOW TO SEND IN ALL RECORDS that will help support is claim some times they (RATERS) do slip up at the VA and not find his SS Records or be late with them causing his claim to be delayed.
  2. Get all Dr's Reports from your VAMC make copies, Find the report that your Dr or DOCTOR'S MENTION in there report that you are unable to work due to your disability that occured while in military...military location date it occured, it helps ease their minds knowing you have that evidence when they make the decision. your DD 214 Should have your service dates and locations you served. you will a Dr to say in his report that he has exmined you and HE/SHE Doctor will need to say that ''due to your disabilty that occured while you wer ein the military or when you first became disabled.''(these reports should have the dates and the Dr' creditinals and your SS $ ON THEM SOME WHERE. MAKE SURE YOUR DR IS QUAILFIED TO RENDER A MEDICAL STATEMENT MD;s AND SPECIALIST ARE GREAT TO USE watch out for> THE NURSE PRACTIONERS or P.A, Are not so good but if they are certifeld in the field of medcine thatclaiming your disability is. then yes they will accept their medical reports. Underline or color highlite these Dr's statments make your self copies and send in with your TDIU Form or ask your VSO to submit these statements, along with medical reports that you have from the past Also if you have any SOCIAL SECURITY medical reports or if you are recieving SS THAT YOU ARE RECEIVING DUE TO YOUR MILITARY EVENT OR INJURY THAT CAUSED YOU TO BE DISABLED.add those records in with your TDIU Claim.(SEND THOSE IN TOO) The main thing a Veteran will need is his Dr saying in his report ''I have exmaine Veteran Smith and read his medical records and it is my findings this Veteran can't work or do any type of sedemtry work due to his disability that he says happend/occured in the military . It will help if you have thos records too VSR VETERN SERVICE RECORDSM MEDICAL RECORDS THAT THE INNCEDENT OR EVENT HAPPY ON YEAR MONTH AND DATE Name of your company commander and your unit and your lay statement it can help your Statement ''In support of claim/claim's KEEP ALL YOUR PAPER WORK IN A NEAT FORM WHEN YOU SEND IT IN IF YOU USE THE MAIL SERVICE OTHER WISE ELECTRONIALLY FILE in order if you have all your paper work neat, it helps them to read what your claiming a lot better vs this record or records mixed in with your claim I may be leaving something out others will chime in to help you Good Luck and welcome to Hadit
  3. https://www.va.gov/oig/publications/report-summary.asp?id=5087
  4. I was diagnosed with Sleep Apnea and given a C-PAP Machine to use every night. it was caused by the medications I take forPTSD, Although i never filed a sleep apnea claim for it my VA MH SOCIAL WORKER told me to file for it but I was just glad I got the machine and got better rest . I am up to the rating of 100% plus SMC S, Other than the A&A bedridden so as long as I can get some decent rest thats good enough for me.
  5. I sure hope Mr Cue wins this SMC S. That was not implmented due to him the SMC S Housebound. as his evidence will show for the record he was entitled to the SMC S H.B. when awarded the TDIU P&T I AM NOT SURE HOW FAR THEY WILL GO BACK , I Had read the SMC S HB, WAS IMPLEMENTED IN 2006 WHEN AWARDED THE IU, BUT THE WAY THE REGULATIONS ARE INTERPETED WERE GETTING SOME WRONG INFORMATION. I TOO WAS GIVEN THE TDIU P&T WITHOUT THE SMC S, H.B ALTHOUGH YEARS LATER I FILED FOR A SEPERATE AND DISTANK DISABILITY NOT PART OF MY ORIGINAL S.C DISABILITY THAT GOT ME THE SMC S. DUE TO THIS NEW DISABILITY BEING IT WAS RATED AT 70% SO THE RATER CAUGHT THIS AND i WAS ENTITLED TO THE SMC S H.B. BUT IF MR CUE WINS THIS I MAYBE FILING FOR THE BACK RETRO FOR MY SMC S HB AT AN EARILER DATE. I BEEN LAID UP WITH A BROKE FOOT FROM A FALL I TOOK LAST WEEK.. AND BROKE 2 RIBS UP CLOSE TO MY STURM YEP IT HURTS LIKE HELL. CAN'T BEND OVER AND HAVING PROBLEMS GETTING OUT OF BED. Dr said I would be in pain for the next couple months.
  6. 15 Military discounts Most of us Veterans know about these discounts , but for the ones thats new and don't know here you are. https://www.usamilitarysavings.org/discounts.php?site=XVG0SaDzIbKAf0rYstr1iQAAAAc&subid=m-35&utm_source=list-35&clickid=11617582&source=YBV&pname=conversion I personally like the new Apple I phone 13 mine in just the I-13 JR But the Apple pro I -13 Is pretty neat.
  7. Has any of you experinced Veterans dealing with the VA Claims ever read a court case for veteran trying to get the SMC That was supposably awarded him whenhe got the TDIU P&T the first time...I understand the regulation,but it was not implemented when i did my claim in 2001/2002 steming from 1998 when i first filed it took effect in 2006 the SMC S after a veteran is awarded the IU. I KNOW AND REALIZE VA CLAIM RATING SPECIALIST (KNOWN AS RATER) DO NOT LIKE TO READ A LONG SRAWN OUT CLAIM, THE COURTS MAY BECAUSE THEY ARE REQUIRED TO BUT UNTIL THIS GOES TO THE COURTS IT MAYBE A LONG LONG TIME AND UNFORTUANTELY THE VETERAN PASSES AWAY AND ANOTHE FEATHER IN THE VA CAP. YOU MIGHT TRY CALLING/EMAILING THE VA Sectuary office or the VA UNDER SECUTARY and let them know what all your going through ,back a few years ago some Veterans would do this and it rang a Bell with the VA AND Their claims started moving.
  8. Thank you and you do the same...looking back I could have done more things to help her out but she was the type to do her own house work her way & cook and do things her way when i would help I would not tuck the bed covers like shre wanted or not do the laundry the way she did it ect,, ect,,,,,just little things like that not that she was strick/mean she just had her own ways doing things ,she spoiled me forsure, I agree with you if they met they would have become best friends. she was 17 when I met her I was 18 on my way to Vietnam 1969 71 when I got back from nam she waited and waited and waited sent me letters everyday her mom said to her oh no you won't marry him he will find some glamor painted up girl with lots of make up she said no he won't I am the girl he is going to marry and we will live a good life together have children ... ect ect,,, she was oh so right. I know I was very very blessed that she came into my life.
  9. Thank you blahsaysme2u yeah its hard to get use to being by myself she did everything for me before she got bad sick she type up all my letters to the VA while doing my claims and helped out a lot I don't write very good she did all that and type up stuff for me, cooked ,washed ,cleaned house just everything I had a blessed life we spent 49 years togather , she was just the type of person to do it her self and not ask for help ect,,ect,,,I can't camplain about my married life to her she had a warm outgoing personality everyone that met her loved her to pieces, she was a sectuary to her Dad in his applicance bussiness with two retail stores he passed away and his wife (her step mom closed the bussiness and retired everyone had to go find other jobs my wife trained as a RN and become a care provider for Alzimmers Patients when she was younger say in her 20's /30's she looked just like actress Valerie Bertinelli she has a good sense of humor and got along with everyone even old foggy stogies she love to laugh a lot and smile ewven when she was pissed she would be oissed and all of a sudden she would burst out laughing ...she was a hoot thats for sure I miss her dearly but this happen and I must understand she in a better place now and not suffering.....I told her when I said my goodbyes to her just right before they took the ventilator out(she was sedated for 3 weeks) But were all hoping she can hear us I told her to take Jesus right hand and walk with him over to Eternity and she will see her DAD , My mom her grandmother and all the people she loved dearly and I said babe save a place for me for when my time comes... Anyway I carried out her wishes when she she left this world and had ask me to if she passed before Me....she wanted to be creamated she never wanted a big funeral or lots of flowers she said keep her service simple and quick.. Thank God we have two wounderful daughter-in law they both pitch in and stayed here with me at the house for 3 weeks so did my sons....that helped me more than I can say. After everyone went back home and I was by myself I stayed busy helping out at my chruch and visting the pastor asking questions and he answered them as I turn to Jesus when I need too that always helps but I kept myself busy with church helping out with Christmas toys and such, but I suppose no one ever gets over losing there spouse especailly a long time marriage and a good loving marriage (no jelously between us I was at first when we first got married she was beautiful girl and guys would whislle at her and say things mean..but she never let it bother her she would just say oh there just silly boys and go on.... believe it or not we never had a fight the whole time we were togather we had agurments but never had fight or argue in fronT of the kids when they were grwing up and the agurments we did have she usally won all of them...its hard but I keep on trying everyday and keep busy. As for as what you need with ChampVA call Glenn Johnson from the Denver office its to confuseing to explain just how champVA does things and Glenn can explain it very well...or you can call champVA and ask thrm to explain it to you, its hard to understand all of it in their paper work they send to us. sorry for rattleing on here never ment to ,but it helps me to say things like this she was a fantastic beautiful woman &my life time friend sand partner..she was in bad health for 15 years after she had tripple heart by pass in 2005 her health constanly went down hill. Blessing to you and your family.
  10. This is attorney jargin or LET THEM figure it all out I understand what your meaning here and the way the regs mention about SMC. I was awarded TDIU P&T AT 90% 20 years ago, THEY GAVE ME THE IU DUE TO I could not work due to my service connected 90% disability and I have my letter stating how they rated me and why, being my 90% don't meet the criteria for the 100% rating AND I was unable to find any work I could do due soley on my 90% disability then this is why they gave me the IU but the SMC S never came with the TDIU P&T I WAS HOUSEBOUND AND COULD NOT LEAVE HOME FOR WORK.....THEY CAN'T USE LEAVING HOME FOR Dr appointments and medical clinics for medication ect,,ect,,Against SMC S. Ok 14 years later I filed for another disability and got 70% for this s.c. disability, because it was seperate distank from my IU disability. Ok because I was 90% being paid at the 100% rate the 70% for the seperate disability got me the SMC S Housebound. this made me meet the criteria for the SMC S HOMEBOUND I have loss of use for two different disabilitys there were not mention one was it was ED but service connected at 0% but paid 120.00 month on top of my tdiu p&t compensation. So I was TDIU P&T 20 YEARS AGO WITH NO SMC S. I personally don't think they are going to pay me back pay from when I got the TDIU P&T FOR SMC S as it states in the regulations your meaning here.
  11. MY SPOUSE USE TO USE CHAMP-VA (*SHE PASSED AWAY OCT 6TH 2021) SHE USED CHAMPVA FOR THE LAST 20 YEARS AND EACH YEAR THEY HAVE A 50.00 DEDUTABLE IT COMES OFF FIRST EVERY NEW YEAR. AFTER THE 50.00 DEDUCTABLE THEN YOU PAY NOTHING TO THESE PRIVATE PROVIDERS. AFTER THE 50.00 IS PAID THEN CHAMPVA COVERS WHAT MEDICARE DON'T PAY AND THEY USE A NATIONAL AVERAGE PAY SCALE TO KEEP FROM HAVING TO PAY OVER PAYMENTS TO THESE PRIVATE Dr's . once the private provideing medical Dr or hospital accepts champva Insurance they agree to settle on the charges charge to the VETERANS SPOUSE but there are some cases the veteran is responable this is when you need to ask question ask them do you take Champ0va iNSURANCE LET THIS PROVIDER KNOW YOU HAVE CHAMP-VA INSURANCE AND THAT THEY DO ACCEPT ELECTRONIC VOUCHERS GFOR BILLING IF THEY AGREE TO ACEPT CHAP-VA THEN YOUR COST SHOULD BE MIMIMAL BUT MOST OF THE TIME CHAM-VA ALWAYS PAID THEM IT MAY NOT BEEN WHAT THE PRIVATE DR/HOSPITAL CHARGES BUT THEY AGREE TO ACCPET CHAMP-VA INSURANCE AND ACCEOT WHAT CHAMP VA INSURANCE SENDS THEM FOR THE BILL OWED. Now before my spouse was getting medicare we had to pay dedutables but usually not more than 20% of the cost IF YOU HAVE ANY PROBLEMS YOU CAN CALL gLENN jOHNSON AT THRE DENVER ,CO OFFICE IF HE IS OUT OF HIS OFFICE LEAVE HIM A MESSAGE AND YOUR PHONE # HE WILL RETURN YOUR CALL. I don't have Glenn # my spouse had it and since her death all her records here at home are in a box in the addict put up...I may destroy them this year no reason to keep them. Glenn help her get a power chair the medical supply office was trying to make us pay 2.500.00 Glenn got that straighten out for us and also he is the one that mention to my spouse to be sure and let the private medical Dr' /or Hospital know that champ-va has the electronic vochers for billing usually they want the electronic vouchers for billing purposes.
  12. HELLO X020574 WELCOME TO HADIT. GOOD TO HAVE YOU WITH US, COME TO HADIT ANYTIME. i BELIVE YOU NEED TO DO THIS. Veterans can apply for TSA Precheck on their own through the TSA Precheck application program. The program costs $85 to cover the cost of a background check. Military spouses are not normally screened the way service members are and so the government can not ensure that they are cleared. To receive a expedited screening number to get the 10 digit DOD ID# FOR PROCESSING CLEARANCE FOR AIR TRAVEL I AM NOT 100% SURE BECAUSE I HAVE NEVER USED THIS ''BENEFIT.''
  13. Well Alex maybe they can now and I agree with ya, the VA chages things around so much we nevew know whats what , I think it's good you can let your Vets see the VBMS I Never had that offered to me back when I was working my claims, I would love to look in the VBMS DUE TO LOST RECORDS THAT I DON'T HAVE AND NEED FOR A BETTER EED but until I can find what I need I am not going to file the EED . I sent in for a complete Aduit of my claims and they got back to me in 2 weeks and said everything was in order and I don't get any retor or a better EE, I know for a fact thats a lie I just need those records and raiting sheets, FOR the evidence they used to rate me, they even had a hearing test I took from the Big Spring Tx VAMC back in 1998, and on one of my denails they said that test was not up to the va guidlines for loss of hearing and could not be used for rating purposes and I was denied when it was done by the VA AND A VA Audologist ?they even mention the VA AUDOLOGIST THAT GAVE ME THE HEARING TEST WS NOT QUAILFIED TO RENDER HIS OPINION.. I appeal and went got another test ( private) but heres the kicker they used the Big Spring test back in 98 to aprove me for 50% and later on ;rating For increase they used the private test for the claim I applied for increase...these nickel heads at the R.O. DID NOT READ MY C-FILE THOURGHLY OR they would have found all this. but right now I have a lot of other things to worry about since my wife passed. and they have all of my sc disabilitys LISTED FOR EED FOR april 1998 was the EED, OF COURSE 1998 WAS WHEN I first filed my claim. it was a rating Repersentive (rater) that put in all these wrong dates. so the Aduit should be Nulled because their wrong.
  14. Thanks Hamslice The only thing I can't SS to return my calls and during this covid 19 and the different variants spreading DELTA - SAR-CONV-2 And the latest OMICRON they only take appointments to come to their offices...and you have to have appoinment to go. I been trying to contact them since Oct 10th,I did finally get to talk to some one in Kansas city,SSA Office,he said he would call my local SSA Office and have them to contact me to set up appointment, I am still waited for that call to make my appointment. This covid-19 sure has things screwed up in this world. I Apprecaite ya Hamslice
  15. I got a letter from the reginiol office about where they prepose to reduce my benefits due to my wife passing Oct 6th 21 I recieved (Regionall Office) letter from the Redional Office Director and mention my spouse had passed away Qct 6th 2021 And sent his condolances the letter goes on to mention ''We propose to change your benefits effective Nov 1 2021 because you are no longer eligible to recieve additional benefits from your (spouse).'' <her Name. ''WE are making this change because your current award Includes an additional dependent benefit's This may Include the termination of benefit's, If the dependent was in Receipt of Social Security Death Benefits then a one time Social Security benefit of 255.00 will be counted for one year following the dependents passing.''. anybody Know what that means? 255.00 ?? one time will be counted for one year following the dependent passing???? I did Report her death to my reginiol office IN Oct around the Oct 10th I belive , anyway I wrote them and appeal the wife recuction in benefits which I know will be denied, at the time I was worried about what to do wth all her income gone, in this letter they mention I could Appeal the dependent reduction and I will keep getting full benefits until the appeal is denied or approved I did this to keep the full $$ coming in and it has, and the raise we got with COLA, I sent the letter with return reciept (green card) they show to have sign for it on 0ct 20 2021...I have not heard a word from them and I am still getting full benefits. other than the first letter propose to reduce my dependent benefit's. Today I sent them another letter asking them to take away my wife benefits and let me know what I will be getting after her reduction. (with green card) SSA office will not contact me back either on a letter I sent them asking if I am entitled to any of my late wife SS Disability or when she turned 65 they mention it was SSA Penison or regular retirement they diidn't make that clear. it could be SSDI still I don't know for sure? never paid that much attention to her SS $$ In my letter today I ask them to make the reduction and because I do not want to have to pay the VA Back with over payment for the VA Mistake. I await their responce. I just don't won't to have to pay back a couple thousand bucks because they didn't take her benefits away and keep paying them. it most likley won't be that much She died Oct 6th 21 I let them know Oct 10 th they got it Oct 20th 21 so Nov AND Decmeber and Jan 22. so I guess 3 montlhy dependents benefits and to included her A&A she just got a 3 months before her death. so what ever the dependent pay is and that 160.00 I will need to pay back. I apolgize for not being on hadit I just been keeping busy doing things with my church and finish redoing the kitchen the wife had going before she got so sick I have it all compleated (well not actually me but the contractors ect,,ect,,, except the Living room she wanted the carpet ripped up and hard wood floors put down..that is the only thing I like ..I did sell her car back to the Toyota Dealership we got it from, we owed 31.000.00 on it they gave me 32.000.00 but I got rid of the payments. I also sold my Truck and got a used RX 350 Lexus which runs like a new one I have payments on it too but there like 235.00 month. my truck transmission started acteing up so I got rid of it traded it in on the LEXUS WHICH THEY GAVE ME A HIGHER TRADE IN PRICE THAN KBB offer. I kept busy these last couple months but I know I am depreessed, I do the VIRTUAL MEETINGS with my VA L.C. SOCIAL WORKER THERAPIST SHE IS WORRIED ABOUT ME BUT I TELL HER I KEEP ON HANGING IN THERE. WORKING Christmas things with the Church but Christmas is Gone and I Hit Reality again. its tough at night time during the day is just now becaome another day gone...I am counting my days of my passing. whic we never know when that will happen. but I do think about it alot lately. Blessings to you all
  16. I believe you can log into ''va.gov and check your claims status but I doubt you can see all your records, you will need to log in or sign up for the access with your SS # and Lower and upper case letter with at least 8 letters for the PASSWORD ...Most of us file for our claims file and it comes back on CD it should have all your records in it As for as the VBMS only VA Certified VSO OR ATTORNEY'S AND Accredith VA Claims Agents HAVE ACCESS TO IT AND I DON'T THINK THEY CAN LET US LOOK AT IT even IF YOUR IN THEIR OFFICE, OR THEIR NOT ALLOWED TO LET US LOOK IN IT....Which is something I never really understood when its our own Records i BELIEVE THE VBA has access to the VBMS theres a VBA OFFICE At your VAMC, GO UP TO THE WINDOW AND ASK THEM, YEARS AGO WE COULD THEY WOULD TAKE YOU BACK TO THE VSO OFFICE OR CUTICAL (SMALL ROOM OF SPACE WITH A DESK IN IT ) THEY LOOK ON THE COMPUTER AT THE VBMS BUT NOT ALLOWED TO LET US LOOK IN IT. THEY ARE GIVEN A SECURITY CODE (Clearance) AND THEY NEED TO BE CERTIFIED BY THE VA TO GET THE CODE someone mention the Ebenefits Site was going away and we will need to use va.gov to check our claims status currently and in the past. I just check my claim for my spouse for the A&A and it was in there from my INT to the approval for her and the BACK PAY it was all in there and the dates fililed and dates approved ect,,,ect,, but we can't get access to our ISR AND UNIT RECORDS that will be in your C-FILE OR Supposed to be.
  17. SORRY TO THE ORIGINAL POSTER IN THIS THRED (Ranmic) I NEVER INTENED TO HI-JACK YOUR POST BUT MAYBE OTHERS NEED THIS KIND OF INFORMATION. I do Apologized to you Sir. I'am sorry broncovet but can you explain this to me ''I have been SC since 2002 (thats the effective date, and the date I applied)'' My reason for asking I have never heard of a Veteran getting an effective date the date he first applied? unless he was approved first time around? I was denied my first go round 1998 and appealed and got service connection at 0% in 1999, I appeal that and later got a 50% increase 2000. And applied for increase in Jan 2002 AND WAS AWARD a 30 %increase on my SC Disiability with TDIU P&T and a 10% for tinnitus my early effective date is Jan2002 NOT 1998. ALL MY APPEALS WERE ON TIME OR I FILED MY NOD within the year . ON EACH TIME I FILED so I was in my correct appeal time limit. SO I think what they did was give me a EED on the date I was awarded the TDIU P&T Jan 2002, ALTHOUGH THE RATEING SPECIALIST MENTION'' I SHOW TO HAVE HAD TO STOP WORKING IN 1999.'' BUT HE WENT WITH THE PRIVATE DR IMO WHICH WAS JAN 2002, FOR ALL MY DISABILITYS EXCEPT ONE, I filed PTSD Claim in Oct 2014 and was approved first time around for 70% and got the SMC S Housebound the EED FOR THAT IS OCT 2014 WHEN IFIRST FILED FOR IT but was awarded in May 2015 (8 months retro) at 70% I WISH THEY WOULD GO BY THE DATE i FIRST FILED (April 1998) BUT THEY WON'T. THERE GOING BY THE DATE THE private Dr mention his IMO which was Jan 2002 there would be 4 years of retro at 100% minus the 50% in 2000 they approved me for 50% if my EED was 1998. BUT I HAVE A LOT OF WRONG DATES IN MY C-FILE rating sheets are all mixed up with different dates its a complete mess AND IT IS HARD TO FIGURE .....>OUT AND THEY KNOW THAT.... THEY SAY MY EED on all my disabilitys is 1998....except the PTSD Claim its correct Oct 2014. as to which I was approved in MAY BUT THEY DID GO BACK AND PAY ME THE 8 MONTHS RETRO ON THIS CLAIM i FILED A ITF on April 2014 and they went back to that date . My reason for not filing for a EED is they will use the date the Dr mention I could not work due to my sc disabilitys which WAS THE DATE Jan 2002 so thats what they say my EED is.Jan 2002 I WISH I had access to the VBMS and a smart claims agent or attorney to help me I would file for a EED.
  18. JKWilliamsSr Yes its true being 55 Veterans are not suppose to get a C&P EXA but some times they do , but its fairly easy for the Veteran to have that exam canceld One of our beloved menbers Carlie Cash WAS over 55 and was 100% P& T and her condition was not going to improve in her life time, over 12 years ,she got a Notice FOR THE EXAM, She wrote the VA (most likely the C&P Office) and ask them to cancel the exam due to that her disbility has not improved and I am over 55 she quoted some of that above , I can't remember what all she mention but she actually said its a waist of time to send me in for an Exam please cancel this exam and give this time to a deserving Veteran that is eliagle for his/her benefits. They canceled her exam . She mention she had went to the VAMC and had some test done AFTER A FEW WEEKS OR SO is when she got the C&P Notice She was Ferious with the VA Carlie Letter is on Hadit She was one of the Best Hadit ever Had she was our CUE Expert and also she was an expert on the Regulations and know how to let a Veteran write in his claim application word for word and most of the time the Veteran would win his/her claims. Unfortately carlie Passed away due to heart failure in 2014 She is Dearly Missed here on Hadit.
  19. Wlell SMC can be hard to figure out but if your eligable for SMC S 1 let them (VA) FIGURE all that out example I was rated 90% and was given the TDIU WIwith P&T i had that rating for about 15 years and I filed for another seperate condition and was awarded a 70% rating. being TDIU AT 90% BEING PAID AT THE 100% RATE Makes the Veteran a total 100% rating, ok when I got the 70% rating for the seperate condition it was service connected and that rating made me eligable for the SMC S 1 lucky for me the rater that worked my claim seen this and awarded the SMC S 1. 2 IN 2022 I Will have my 20 years protection. and what a releif that will be. just ask any Veteran that has went 20 years and got the 20 year protection. Now Some Veterans are lucky enough to get a EARLIER EFFECTIVE DATE THAT MAY GO BACK 20 YEARS WHICH THIS GIVES THE VETERAN HIS 20 YEAR PROTECTION WHEN HE GETS HIS RATING. YOUR 20 YEARS PROTECTION WILL START FROM YOUT EED (Ealier Effective Date)
  20. Yes I agree with broncovet please give what you can but don't hurt yourself or your family. Blessing to all
  21. Just to let you know this is every Veterans worry and we have to worry about it for 20 years after were granted an award especially a 100% P&T Award However we do have guidlines that they can't reduce our compenation we have a 5 year and a 10 year requirment with our sc disabiltys that do not improve and if your sc after 20 years if disability has not improved you should not worry about them reduseing your 100% P&T hopefully you did get a award letter staing that your sc disability is not expected to improve within your life time and is concider to be static or chronic meaning it will not improve within your life time.. but a Veteran can be P&T and still get a C&P EXAM. Thats just the way the VA is they want to worry us for 20 years after were sc and rated. 1. What is the VA 5 year rule? The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition. 2. What is the VA 10 year rule? VA Disability 10 Year Rule: A service-connected disability rating cannot be terminated if it has been in effect for 10 years. Compensation can be reduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case it can terminate the benefits.Nov 22, 2021 3. What is the VA disability 20 year rule? Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
  22. SPO its normal if they rescheduled you an exam after about a year or so from your intial S.C. Rating with P&T, especially if your s.c. disability is mental health like PTSD or TBI from combat duty. you can write them a nice letter and let them know an exam is a waist of time that your 100% with P&T disablity has not improved and it most likly will not improve in your life time so please cancel this exam and let some other veteran that needs to be see for his/her diabilitys Exam hjave this time slot. but if you do not hear from them you trully need to go to this exam do not miss it, it could help you get SMC if you have another s,c. disability that is rated 60% or higher. but even if that don't happen I doubt very seriously they will reduce your 100% P&T you was awarded on 12 /01/2020 with an effective date going back to 07/07/2020
  23. Well I have not worked since 1999 I got VA 100% in 2002 , My spouse worked and made more than I did when I worked and she should have paid into the SS system. I got a small SS Retirement check at age 62 HER SOCIAL SECURITY DISABILITY was based on her disability at age 56 she was declared total disabled by SSA and was getting a disability payment until she turn 62.then it went UNCHANGED she kept getting the higher amount until she died.Oct 6th 2021. After her service and things settled down a little I wrote to SSA and they sent me some forms to fill out I filled them out and awaiting their decision ? to get in part my wife SSDI? beings my wife SS was much higher than what I am getting currently ,I hope they at least give me half of what she was getting it was higher than my SSRetirement I did not get SSDI , after I was totall disabled at 100% in 2002 thats all I got until 2015 I filed a PTSD claim and got 70% that put me on the SMC S HOMEBOUND AN EXTRA 375.00 OR SO A MONTH ADDED IN ON MY 100% PLUS ANOTHER 10% FOR A e.d. claim service connected but at 0% but still pays the 125.00 month added in on my total VA COMPENSATION MONTHLY. I AM 69 MY WIFE WAS 67 when she died SHE JUST HAD TURN 67 WHILE SHE WAS IN THE HOSPITAL AND UNDER HEAVY SEDATION. SHE NEVER LEFT THE HOESPITAL ALIVE. I DON'T THINK WHAT WE GET ON VA COMP matters to the SSA? IF HERS WAS HIGHER THAN WHAT I GOT THEN i HOPE I GET HALF OR CLOSE TO 45/50% THAT WILL HELP ME OUT WITH ALL THESE BILLS i AM LEFT WITH...WE NEVER KNOW WHEN WERE GOING TO DIE SHE HAD A SMALL LIFE INSURANCE POLICY OF 10.000 PAID IT PAID ME THE 10.000.00 BUT AFTER HER SERVICE NOT MUCH LEFT ALTHOUGH THE VA helped us out and let her have a plot space at the DFW NATIONAL VETERANS CEMETARY WHERE i WILL BE LAID TO REST WHEN ITS MY TURN. SSA Never paid any amount to us for her burial ect,,,ect,,, &stopped her SSDI CHECKS COMING. I WILL FIND OUT HOPEFULLY SOON IF I AM ENTITLED TO ANY OF HER PART ? I MEET THE GUIDLINES SET BY THE SSA, age , we were maried 48 consective years together 49 years, no splits or away from each other, we never had a fight but we did agure at times as to which she always won those but all in all we had a wonderful marrirge I would do it all over again if I could and change nothing well maybe her death if I had anything to say about it. its rough being alone I always wondered if she went before me how I would handel it well its not eazy at times and I can't work or cleam house worth a darn we had a house keeper coming every two weeks to claen the house which hardley ever got dirty but it is rougher than I atisapated ...but I got to keep on going. and thats what I do I attend chruch every sunday and help out with Chritmas things but after Christmas I won't be as busy and thats when it will more than likley hit me. I see the VA shirinks on a regular basis every 2 weeks by tele health vedio sessions I have a Hard time thinking which is why I don't get on here much...hopefully I will be ok in 2022 we'll see. I do thank all my fellow brother Veterans male and female thats on Hadit for all your conceren and resposes to my late post. Blessing to you All. Oh , I sold wife New Toyota Highlander XLE AND GOT OUT OF THOSE CAR PAYMENTS AT 568,72 MONTH So that helps.
  24. Thanks Guys I am now in leigation with the SSA, THEY HAVE NOT DECIDED MY CLAIM FOR SURVIORS BENEFITS WORKING ON THAT AT THIS TIME, I WILL LET EVERYONE KNOW WHAT DECISON THE SSA Makes on this? Some times they take after the VA. Thank you guys for your help it is greatly appreciated.
  25. Mr CUE So sorry your still up in the air with your claim/claims appeals, I have been off hadit for quiet some time now and have not read all your post Has anyone helped you with this on here? I know brocovet is good with appeals he has been there done that also what about Alex Graham? or maybe CCK Attorneys or HILL &PONTON ATTORNEYS Maybe good if you can post REDACTED COPYS on here the letters they (VA) sends you (black out your name and personal imformation claim # ect,,,ect,, ''In my case I have 4 different bva judges who have made decision on my cavc remand.'' (and what was the decision ? and was it final? you may already know this but After VA Completes the Remand Instructions? After the VA Regional Office completes the Board's remand instructions, it will issue a decision on the veteran's claim. If VA grants the claim, that's great! If VA continues to deny the veteran's claim, it will return the case to the Board. QUOTE '' Last there response to there errors ''Was to process my claim in different appeal system. '' WHAT STAGE OF THE APPEAL SYSTEM IS THIS? Mr cue you must be still in the legacy system to get the SOC or the suplmental SOC ----THE AMA SYSTEM THESE ARE CALLED FACT SHEETS On February 19, 2019, the Veterans Appeals Improvement and Modernization Act (AMA) was officially implemented, thus ending the Rapid Appeals Modernization Program and phasing out the Legacy appeals system. IN THE AMA SYSTEM THESE ARE CALLED FACT SHEETS BASED FROM THE SOC or SSOC ''September 13, 2021, supplemental response, the Secretary explained that the claims were initially bifurcated because, due to administrative error, the psychiatric disorder claim was listed in the tracking system as in a different stage of the adjudication process and, therefore, could not be part of the appeal certified to the Board in a May 2021 VA Form 8. Supplemental Response at 5. '' (bi·fur·cate) verb past tense: bifurcated; past participle: bifurcated /ˈbīfərˌkāt/ ***''divide into two branches or forks.''**** "Bifurcation is a judge's ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings. So the VA Secutary will maybe let the judge know how to adjuicate it.?? or which way to continue on the Hampster Wheel. So they may have a back latch of Legacy Appeals they are working on and you must still be in the old system? (Legacy) IDK? so they must be branching off splitting your appeals sounds like to me. ''So now I wait to see if the court is going to let all this go.'' do you mean deny? or approved? ...>let all this go? I don't mean to be mean or sound morbid but You need to demand a decision,I personally think their giving you the run-around and keep this in ligation until you pass.( JMO) I AGREE WITH BRONCOVET he is right about what he is letting you know.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use