Buck52

Here's a source I got from Asknod Site The next higher is SMC (S). This is called the housebound rating. If you are confined to your home because of medical conditions that keep you home, then you are housebound. The regulation specifies that you must be either rateable at a combination of 60% or more above a TDIU or 100% schedular rating to be eligible. If you have one disease or injury rated at 100% and you are undebateably housebound in all but name only, they often grant. A letter from a doctor would be great help stating as much. SMC (S) is an extra $282 above $2973.00 (with spouse) for a whopping $3255.00/month. A codicil to this is that each and every illness/injury has to be separate and distinct from the one 100% (or TDIU item) to qualify. If you have peripheral neuropathy secondary to DM2, those are injuries/illnesses that are distinct and separate. Shell fragment wounds to several parts of your body (muscle groups) are all related to one injury or event and are not distinct and separate. VA will get down and dirty on this. Expect a lot of mistakes on what constitutes a “separate and distinct illness above and beyond the primary rating for the TDIU/100%”. They all have to be service connected, too. A complete, different illness separate from the rated one (like PCT), secondary to the Hepatitis, involves a different element (the skin). Much debate occurs on this and raters make mistakes.

well why do they call it SMP special monthly payment? Unless it differentiates housebound vs bedridden? I always thought housebound SMP Paid like 313.00 extra monthly? or close to that? However if your just 100% & don't have the extra 60% that don't mean the VA will not award . if your housebound VA has Awarded the SMC's at the 100% I don't understand it either broncovet? we can find out tho! why your not getting paid for HB? ......................Buck

Source: CFR's 2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. [41 FR 11292, Mar. 18, 1976] return arrow Back to Top §4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See §3.102 of this chapter. [40 FR 42535, Sept. 15, 1975] return arrow Back to Top §4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. return arrow Back to Top §4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. return arrow Back to Top §4.9 Congenital or developmental defects. Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes. [41 FR 11292, Mar. 18, 1976] return arrow Back to Top §4.10 Functional impairment. The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity. ...................Buck

Well by the year 2033 (If I live this long) I'll be over 80 years old and probably won't give a sh*** .............Buck

I'd do number 2 of broncovets post! Retaliation only will cause more problems. jmo ....................Buck

Thank you free_spirit_ect Great information. we will defiantly print these forms off & fill out before we go to the SSA office. Thanks for all your help! .........................Buck

How about the ones that can pitch in to help with the ones that need help coming and also pay for the rooms & food.....We're sure not Rich but I think we can put in 50.00 bucks to help with the kitty. We all agree to select a financial secretary (so-speak) to be in charge and keep up with the kitty & pitch in even if you don't have plans to come every little bit helps and your helping out a fellow veteran that others wise may be just stuck at home and doing nothing but watching TV. We have a lot of members here on hadit and I'm sure we all can pull this off if we want it to happen just have someone in charge to keep up with the $$ that is sent in and give a receipt back to the ones that sent in some. And just keep it in a safe place until 30 days before the trip. and send the ones that can't make it (Financial wise) the air fare (''jbasser'' mention an airlines that has a great discount for veterans. Also got to thinking Mondays thru Thursday' are usually cheaper to rent rooms & travel and maybe plan this sometimes in Sept/Oct would help as for as the financial strain for some . (just a thought) Anyway when everyone gets there who ever is in charge of the pot (kitty) keep up with the funds....and any funds that are left... & we all agree to give it to Ms Tbird to do as she wish. I think this is what is in question about the ones that can't make up there mind to come rather or not they can afford it? I know we all have our Bills and what Knott but remember if you can help out with this it will give you joy to help a fellow veteran and to meet a lot of hadit members that help/OR helping you win your claim. Again All of this is on a volunteer bases! send what you can if you can't don't worry about it just come if you can and meet some of the most wonderful unselfish people you ever have or volunteer to help some other vet in need. The more the merrier and to meet and greet some of the well known elder members of hadit...well for me its a one in a lifetime chance to get to meet some of the people that help change my life for the better. Winning our claims and doing better for our family's is what this is all about. This is only a suggestion and other opinions/suggestions are sure welcome. ...................Buck

http://www.msn.com/en-us/news/money/social-security-its-even-worse-than-you-think/ar-BBjqJjz?ocid=U147DHP

broncovet, I notice your 100%. Are these claims for increase or new contention's your filing for? your appeal in 2002/ then board for 18 months, Jan 2004 then it was implemented in Feb 2004. Appeal to board 2009 from RO back to board. Sounds like your getting the run around...grrrrr that is way to long...try asking for a ''expedite treatment'' for your claim/claims to be processed in a more timely way I was reading something over at board of appeals about veterans protected service connection of 10%....I'm not sure how long this case went on but I imagine it went on for years, finally the veteran got an attorney and filled for the expedite of treatment for claims. he won the claim and they added to his 10% SC 30%..i never read all about this one but it seems like when a claim has been in limbo for years your case 2004-2015 eleven years 11 Years....something should be done about this Bud. get in contact with the VA SECEATARY Robert McDonald! I hate to see a veteran fight for so long like you and asknod has had to do....there's no excuse for it being tied up for so long because some clerk is not doing his/her job...truth was known your claim probably has been adjudicated sitting under about 12 inch stack of papers on some one desk! Anyway not sure if any of this helps I'm sure you know about the ''expedite treatment'' I wish you the best I hope you see some results soon Bud. ............................Buck

To bad you didn't get on hadit before you did this, I'm afraid by him not taking your calls or answering your emails your $$ gone! sounds like he scammed you....check your claim and see if he or anyone has sent anything in? maybe check with peggy! the 1-800 maybe it has his/information on it? if this is what happen to you I am so sorry for ya Bud. ..................Buck

well it should be the VA fault if the idiots kept paying this lady all this time?...my thought are maybe she didn't know about contacting the va when her hubby died?and besides the SSA is suppose to report his death. VA missed it? there error! jmo ....................Buck

Thank you chuck75 One more Question? Should my wife take her medical records with her to the SSA Office? there's about 2 feet thick of medical records from the VAMC FROM 2003 to present, severe surgeries, Neuropathy , ( Heart/Back surgery), Degenerative Bone Diseases , Osteoporosis , Broken limbs ,seizures , HBP , Brain scans , Neruoroapy & testing testing testing ....from X-Rays to special inhance MRI's to Nucular stress testing. Does SSA Request her medical records from VA? or should just take a few of the bad ones that would make her disable if a medical person reads them! Remember she my beneficiary from chapter 35 Thanks ..................Buck

Depression can be a secondary to sleep apena but the way the VA is depression maybe a single conditions all its own? .......................Buck jmo

Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System). A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year. There is no limit to the number of decisions or ratings with which the Veteran may disagree. There is also no limit to the number of NODs a veteran may have pending at any given time. A Veteran may also continue to file new claims while his appeal(s) pend. If a Veteran requests a Regional Office hearing, this must be conducted and must receive the transcript before a decision can be rendered. If the Veteran submits or identifies additional evidence, VA must develop for and try to obtain the evidence prior to rendering a decision. If VA examinations are deemed necessary, VA schedule these and wait for the examination reports before rendering a decision. Once the appeal issues are ready for decision (RFD), ideally, NODs should be worked from the oldest pending to the newest received, with the exception of priorities, which include Homeless Veterans, Seriously Injured/Wounded Veterans, Congressional Inquiries, and Financial Hardship cases, etc. Priorities are worked before all other pending claims. This also means that a Veteran who has filed multiple NODs over time, may only receive a decision concerning his oldest pending NOD, while the issues contained in his other “younger” NODs remain pending. ...................Buck

All NOD's are suppose to be processed as the RO receives them , the only faster way is hardship cases. Backlog is the reason it takes so long not because of the new claims. email Ms Hickey again she may not got your email you know how the VA is. .........................Buck

Would left mains disease be considered ? or does it fall in line with CAD? .....................Buck

OIC okay gottcha. I hope the SSA already has her application filled out when we go there the 13th? she gave them the information they ask for when she called to make an appointment other than Dr's reports and Medical records, and a letter from her VA Dr (which is an MD)... she is getting all that together to take on her appointment day. Thanks for this information free_spirit_ect we appreciate it. ..........................Buck

oh sorry it was the SSI!

Thank you free _spirit_ect This helps a lot they don't really volunteer any information at the SSA office. I think she probably made to much on her job this one was of the reason she stayed working although her Dr told her she needs to stop working and file for her disability couple years ago..., her income was 3.500.00 monthly before taxes, her check was 1623.00 cleared every two weeks...so she probably don't qualify.....but it never hurts to ask or get any information. She received a letter from SSA today she was denied for the ssdi ...But we may appeal that the denial said she didn't won't to apply for that....which is untrue, she just applied for the appointment via phone on April 27th. Guess we'll see what happens the 13th....we were just wanting to get as much information as we possibly could. Thanks for your Advice we both appreciate it. .........................Buck

Question. my spouse is going to file for her disability on the 13th of this month ..she is going to the SSA office with an appointment on the 13th. She was declared total disable 2 years ago total and received her prescription for her disable car tag by her Dr but choose to keep working but it was her that suffered the pain and she loved her job...(caregiver for an Alzheimer's elderly woman) but not bedridden '' kinda like staying with her Grandmother'' she said! So our question is can she file for those two years back when she was first declared disabled? or will SSA start her off the date she files which would be the 13th of this month when she files ? Any one know about this? btw she is 60 so not able to retire...she is currently on champVA and private insurance as a supplemental. Thanks in Advance for your advise and opinions. ......................Buck

you needed to show her the Dr reports that dx your sleep apnea. Did she read any of your medical records? sounds like this C&P was predetermined to deny. I had a C&P Doc like this...you just have to prove them they made a wrong decision. (Disagree) with IME/IMO board certified in this field of medicine. just wait and see what the outcome is? or go look at the report from this C&P......See what she said? jmo ...........................Buck

Damn, My spouse had triple by pass heart surgery in 05 from the VAMC, They must did a good job she still here, but no after care...but we made it through it...now days I doubt she would have. I recommend all veterans to get some private medical insurance/incase you need major surgery & not let the VA touch ya.or any major health problems. We got some supplemental insurance through a military group sponsor and its with Selman Insurance & along with ChampVA.. The only thing is it has a 6 months waiting period for pre- existing conditions ...............................Buck

Yeah I seen that too 231 daily for room rates eh! ...I think it depends on the veterans income and VA Comp & SSD (Medicare is figured in after 20 days of stay). I don't understand how any disable veteran can afford 221.00 a day, unless the VA Pays for it? and SSD? I think this is just another ploy from the VA to confuse the veteran! jmo ..............Buck

I think everyone took what I said wrong...I need the $$ like everyone else its just that if I don't think I deserve it is my choice. 100% P&T so for feeds my family,& great benefits, if my depression gets worse and the Dr's state so sure I will file a claim for it due to my SC Disability's Every veteran has a right for ''earned'' benefits and its up to them to fight for them just like the rest of us has to. I help my fellow veterans glad to in anyway I can..... in my opinion homeless veterans are homeless because they choose to be, I would help any veteran homeless or not with food and a place to sleep but they should ask for help from the VA and if they have a disability claim they should file for it, but who is to say what the do with the $?? ......this is a debatable subject.....homeless veterans should seek help from the VA& SSA JMO .................Buck

Thank you Jerrel Some good information for our SHAD veterans. .................Buck