taylor88be8

What exactly does this mean? I. VA Interpretation of Public Law 111-275 Under this proposed rule, VA will directly implement 38 U.S.C. 1114(t), which states that an additional award of SMC is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for additional compensation under 38 U.S.C. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care VA would also make clear that a veteran entitled to this benefit shall be paid during periods he or she is not hospitalized at United States Government expense as if receiving the amount equal to the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate authorized under 38 U.S.C. 1114(p) and, in addition to such compensation, a monthly allowance equal to the rate described in 38 U.S.C. 1114(r)(2). ????

No ma’am, that’s the appeal that was just awarded or granted by the BVA judge in Washington. My claim/case has been a bumpy road of zig zags, VA Raters at the local level denying,denying,denying when the evidence since 2012 has been highlighted, circled, marked with Red ink arrows Pointing out the evidence was clearly there to prove entitlement but they refused to grant it and it’s not kind “well , maybe they (VA Raters) never got it, or overlooked it, no thus was and has down right intentional. The VA Judge could tell and see what was happening and that’s why he did what he did, with the Montgomery, Alabama’s VA regional office and it’s total disregard And Game playing now cost them well over half a million dollars in retroactive benefits as the judge I found out today made my effective date of SMC-T-2/ at the R-2 rate to be retroactive to the original claim of June 27,2012. i still haven’t received my back pay but interesting call to VA/Peggy today the va representative said “sir,keep a eye on your bank account around Wednesday” I said well I’m glad it’s moving somewhat fast, my mother was on the call as well and the words that standout to me said about the retroactive pay were “it’s mind boggling” and “life changing” so that left me wanting to be super excited but yet, I’m absolutely exhausted as well as the resources around me that helped make this come true without ever using a VSO or attorney so there are no fees to be paid out anyone. I hope this helps some and to answer the other question was medically retired (PDRL) 100% PTSD/TBI June 27,2012 is the day after service or retirement date SSDI based solely on armed conflict in Afghanistan and they made my effective date 02/22/2010 which is also my Purple Heart date based solely on the PTSD/TBI as well thanks taylor

Thanks! What is a “implementing” decision from RO? Can my VARO change the decision that the VA judge granted?

Do I need to do anything else?

SMC-T was awarded back to 2018 got the award letter today! Thanks Everyone!

No Sir! Owe no one! Thanks

This updated on my Ebenefits yesterday? Why 2 (SMC-L)? Or just ebenefits typo? BVA Completed my Appeal on (May 14, 2019) JUDGE GRANTED : 1). COMPENSATION ISSUE 2). COMPENSATION ISSUE 3). COMPENSATION ISSUE 4). COMPENSATION ISSUE 5). MIGRAINES

So the board of veteran appeals wanting a brief from my power of attorney, they requested the brief yesterday from the DAV, doesn’t mean good or bad news? just continue to wait. Lol.. Do they usually request “briefs” often when your appeal is with board of veteran appeals? thanks for the responses!

Finally decided to call and talk to the VA board of veterans appeals today and the guy said on February 5th the judge sent my claim for a “Brief” to my power of attorney which is the DAV or Disabled American Veterans. Does anyone know what a “Brief” is for the DAV? just curious Thanks

I guess there is no real answer to this. It been dealing with jacked up awards from from my VA Regional or the typical “they didn’t see it” since 2012, especially with SMC/Special Monthly Compensation to start was medically Retired in (2012) for PTSD/Cognitive Impairement from IED Blast in Afghanistan. When I medically retired in 2012, I was already approved and awarded for SSDI for TBI, Migraines,PTSD,Adjustment Disorder from SSDI all service related disabilities, then a month after I retired and sent home I was approved for the VA Caregiver on the highest Tier level with my spouse now ex spouse as my va approved caregiver but wait it gets better, so I was medically retired for solely PTSD/TBI Residuals, I’m approved for Social Security Disability at the time the VA was rating me based on PTSD/TBI Residuals, I’m approved for the Highest Tier Level for the VA Caregiver based Solely on PTSD/TBI Residuals, back in 2012, and my Rating was a overall combined 60% with 50% of that being the PTSD/Cognitive Impairment rating? Are you kidding me? That makes zero since, I was awarded no Special Monthly Compensations until 2017, a 60% rating took 2 years to correct which even then they made me TDIU P&T Effective Date back to 2012 no SMC awarded not even mentioned as I’m approved for the VA Caregiver highest tier and I didn’t even know what SMC’s we’re back then, so submitting a claim to appeal? I was to messed to up back in 2012 to even know what a appeal was. That 60% rating ruined my marriage because we couldn’t concentrate on my getting better with full time treatment with a daughter to feed I might add, we were to busy arguing over finances with a silly ass 60% joke, so To hell with the VA, I’m getting everything I was entitled too now, SMC-T with EFFECTIVE DATE (June 27,2012) the day after my separation from service/retired, I am aid and attendance based solely on PTSD and TBI Residuals went from 70% TDIU P&T to 100% PTSD/TBI SMC K, SMC-L, SMC-S, SMC-P1 Also I finally got my appeal into the BVA in Washington DC, they received in (October 17,2019) in December I didn’t really know much about the hardship/Expedited claims were or who qualified, but I took a blank paper in black marker identified who I was with the appeal and asked for my appeal to be moved up the docket or expedited based on dealing with these garbage ratings out of Alabama RO I think I even put i want the SMC-T backdated to 2012 when i should at the very least been rated housebound but wasn’t. well called to check on my appeal last week and forgot about even Submitting a expedited claim letter to them, she said they granted my expedited claim, not once on the claim did I say I’m terminally ill, facing homelessness or eviction I just said I’m tired of the local va screwing with me since 2012. And they granted it? Maybe they see it too? This ones going to hurt a little bit for the VA with retroactive pay due to the carelessness of the local Va. I’ll keep you updated. Thanks

Broncovet, Good Morning and I appreciate this forum and the information I'm receiving, but I wanted to respond to applied for disability within a year of service, yes sir, I was medically retired thru the VA IDES medboard, so basically I medically retired from the Army on (June 26,2012) and the next day on (June 27,2012) I had my ratings which is the 60 Percent and being underrated that I speak of. My (permanent & Total) "Effective Date" says (June 27,2012) for TDIU P&T but they have twice denied it through the higher level review and supplemental claim and leaving the Effective Date the (March 24,2018) Thanks

I’m getting the awards and I’ll submit them for you to review real quick

No Sir.. They made my effective date of SMC-L (March 24,2018) the same day that they made the 70% TDIU P&T to 100% P&T Scheduler of PTSD So do I have issues here then? With dates?