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taylor88be8

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Everything posted by taylor88be8

  1. 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). ????
  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
  3. Thanks! What is a “implementing” decision from RO? Can my VARO change the decision that the VA judge granted?
  4. 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
  5. NOD, 

     

    Ebenefits just updated my benefits status with these Different SMC’s?

     

    Board of Appeals was completed by a judge on a (May 14,2019)  

     

    Judge  Granted :

     

    1). Compensation Issue

    2). Compensation Issue

    3). Compensation Issue

    4). Compensation Issue

    5). Migraines 

     

    Why 2 L’s?  Or just typo by ebenefits?

     

    Thanks

     

    Taylor 

    ECA7028D-C06C-48EA-830D-E15CF2A5A657.jpeg

    B6752D8F-C24E-48A8-B41E-1C0A52980FC3.jpeg

    1. Show previous comments  1 more
    2. taylor88be8

      taylor88be8

      Thanks GBArmy!   I’ve waited a long time for sure! 

    3. broncovet

      broncovet

      You are gonna have to wait for the envelope, guessing on ebenefits is rarely productive. 

    4. FormerMember

      FormerMember

      SMC is recorded differently than any other benefits. What you have been awarded is SMC L 1/2. That's the SMC P you see. P is a catchall for a bunch of things and each is described in the regulation but they could never list every possible combination of disabilities in P which will cover all the possibilities.

      They have given you SMC at the S rate in the past but you have qualified for it again at some point-hence the S-1/ S-2 designations. They don't pay it to you twice. They have awarded you SMC at the L rate for being so helpless as to be in need of  A&A (L-1). In addition, you have a rating that is over 50% that is separate and distinct from whatever you got the L for. This "kicks" you up a half-step under §3.350(f)(3). VA classifies this as SMC L 1/2 + K or SMC P. If you had a separated 100% rating unrelated to the A&A rating, they would bump you up a full step to SMC M under §3.350(f)(4). 

      The SMC L-1 is for another qualification for A&A (possibly) but it would be pyramiding to pay you for it. Nevertheless, they still list it. As the other folks said, wait for the magic paper- but it will say SMC P (L 1/2 +K).

      Be safe. 

  6. 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!
  7. 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
  8. 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
  9. 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
  10. I’m getting the awards and I’ll submit them for you to review real quick
  11. 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?
  12. Would the effective date be the June 27,2012 TDIU P&T based solely on the ptsd or march 24,2018 when he was increased from 70% to 100% ptsd P&T Scheduler? Thanks Taylor
  13. If a veteran has 100% PTSD/TBI , 50% Migraines, 30% Gerd, 10% Tinnitus and 0% ED plus Aid and attendance based on helplessness where should he be located on the SMC Chain? To give more info he was : 70% TDIU P&T (IU based solely on his PTSD)Effective Date : (June 27,2012) (date after being medically retired) Then received a 100% Scheduler P&T for PTSD with a Effective Date : (March 24,2018) He is already : (SMC-k, SMC-S, SMC-L SMC-L1/2 and SMC-P) would this be correct? And yes he lost the S when he got the L
  14. When I filed a notice of disagreement, in (June 2012) for a (50%) PTSD/Post Concussion Syndrome was then granted a (. (70%) PTSD/Post Concussion “TDIU P&T” in “August 2013” and received a (100%) PTSD/Post Concussion “P&T scheduler.” Wasnt the “TDIU” in “June 2012,” considered a claim for increase? If I was medically retired permanently, from service for the PTSD/Post Concussion Syndrome on (June 27,2012) would that matter as far as “effective dates” go? If if I was approved for the VA Caregiver in (2012) and didn’t know anything about special monthly compensation, to include housebound or aid and attendance in 2012! Could I possibly ask for effective date on SMC(l) based on the veterans grant of the VA Family Caregiver back in 2012? What about social security disability effective dates when they award you
  15. Would the effective date, go back to 2012, for PTSD, the day after I medically retired (06/27/2012) since I MEB from Army or is the effective date for increase, the date I filed for and was given increase in 2018? Thanks for the advice by the way!
  16. It's better to research something before opening the piehole and makingpronouncements that others may follow to their own detriment. The Google Search bar, or any search engine for that matter, gives you a wealth of information. In fact, Hadit has numerous discussions that encompass SMC in all it's iterations. Search and ye shall find. Or, you can be lazy and misinform others. Remember, a forum model like this has no filter to erase misinformation. You must be responsible. If you do not know the answer, it's best not to hit the reply button and expose your ignorance or harm others. Here's a quick study on SMC that will hopefully help newcomers to better understand the ins and outs of SMC
  17. Just to look back at this response and it’s incorrect and given off wrong information to other vets, who may be looking at this site for guidance. You stated that I didn’t have a attendee for aid and attendance in particular the SMC-t rate.. However, under further review, the main reason the SMC-T rate is so high, in monthly income is to keep the SMC-T vet out of nursing home care, so that he or she would be able to afford to pay a nurse or caregiver to assist the with in-home care.... Furthermore, it actually makes a VA Claim for SMC-T considering he or she meets the other qualifications for the T rate even more of a candidate if they are living alone, as this is the reason the amount is so high for T rate. And your description above, that the Veteran has to basically be a vegetable, in order to receive aid and attendance is inaccurate as well.... Who changes the vets diaper? Can you heat up a hot pocket in the microwave? Maybe, for extreme cases, sure! But not for every case and not for most cases, that a veteran that applies for aid and attendance would need that level of care in order to be approved for SMC. 88
  18. I realize you can’t get both at the same time but what got me even thinking about SMC-S was some past post from this group. Saying if you got a 100% Schedular or a TDIU P&T for PTSD/TBI issues and that was sole purpose of being TDIU was do to mental health you should have been awarded SMC-S or at least notified on the decision letter about the SMC-S, I believe that’s how I understood some higher ups saying it, on past posts. So if that’s true, then in 2012, when I medical retired and got TDIU P&T for PTSD/TBI combo based solely on mental health and nothing else. I should have been awarded the “S” then but I did not receive the “S” until 2017 so yes even though I’m “L 1/2” now, that would be 5 years of backpay to TDIU P&T date (06/27/2012 to 11/28/2017) for disability solely based on the reason I was unemployable. But my ratings were messed up from the start of retirement as I received a 50% rating for PTSD/TBI in 2012 I just seen my paperwork from 2012 when I medically retired, I made $1102 a month to take care of a wife and 4 year old daughter and I was in and out of inpatient and outpatient therapy, it took a year and a half to get my ratings straightened out, I was even accepted, Once again into the TBI clinic, where they then told me and my spouse at the time, now ex-spouse about the VA Caregiver program, and I was approved for tier 2, because the TBI and mental health doctors said I needed my spouse with me, I had to sign a waiver from the VA that I wouldn’t drive as they felt I was being over medicated and a risk to myself and other. I was in bad shape back then or as I’m told. So I blame the VA to a certain degree for my marriage of 8 years failing, as we could not focus on me getting better, but putting food on the table and keeping the power on, because a service member who spent 8 weeks in the hospital from a IED Blast, and a year in speech therapy, at the TBI clinic, because I had now developed a studder from the blast and they had to teach me to speak again a Purple Heart recipient,Combat Infatryman badge and ARCOM and lets not forget the VA Raters already seen my SSDI award that was awarding me for PTSD, TBI, Migraines and adjustment disorder and SSDI was 100% completely based on Military medical records the same medical records that VA gave me 50% rating, yes those records. I didn’t even get the treatment I should have gotten and deserved to get because I was judged on this useless rating “ohh he’s only 50% rated, he’s not that bad, but first and foremost at that point money was not the issue i was already losing if not lost it anyway in 2012 it wasn’t about me getting any money I wanted ratings to reflect my injuries from the battlefield. A service member who is 50% rated PTSD by VA would not be so bad off that they had to be airlifted from a war zone, and medically retired, a service member who is 50% PTSD, does not fit no where close to being approved for PTSD/TBI from SSDI and let’s keep in mind I was only 26 years old in 2012. So in the middle of 2013 they finally got somewhat of my ratings straight and I got TDIU P&T at 28 years old. But my ex wife and I already resented leach other, from arguing over finances. And the last thing I want to say and that’s it, I just needed to vent, about how great the VA has been, the reason I was given a 50% PTSD rating, was not because of my last 2 years of medical records that I they didn’t even look at, I know they didn’t, because If they would have, I would have been SMC-L 1/2 back in 2012, not 7 years later, the VA Raters gave me a 50% rating based off my last GAF score and I know they did as most PTSD veterans, I had been given 100’s of different assigned GAF scores, ranging from 30 to 65 score, just depended on my mood that day and the final exam GAF score the doctor wrote down 58 for my GAF and everything I had been through in hospitals and therapy, speech therapy, was all dependent on a GAF score, don’t let people tell you they know longer based your percentage on GAF scores some of them still do the last ones, as we lost 17 service members from our 2009-2010 rotation in Afghanistan with infantry 101st airborne division. I have more friends in Arlington National Cementary than I care to remember. Now that’s its 2019, I’ll say the VA treats me good, I’m surprised, Being broke with a family in 2012 making $1k a month to being single and alone making $7k a month now. Thanks
  19. Thanks for the reply. My question would be, if I’m TDIU P&T, for a disability that was the cause of me being medically retired from service permanently, since (2012), the day after my medical retirement with a 70% TDIU P&T and increased to 100% P&T scheduler, for same disability that I was put on TDIU P&T for, would 2018 or 2012 be the effective date of increase, to 100% P&T? Thanks.
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