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SecurityForces03
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Posts posted by SecurityForces03
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On 4/23/2017 at 3:22 PM, Buck52 said:
Only if your I.U. You can't work.
100%PTSD you possible can but doubtful you would be hired.
jmo
Spoke with VA today. They are requiring a mental health evaluation due to the request for agoraphobia on my claim. Since I use private healthcare for the most part, the VA said it's been a year since anyone in mental health has seen me and wants to do an evaluation.
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9 minutes ago, Buck52 said:
Only if your I.U. You can't work.
100%PTSD you possible can but doubtful you would be hired.
jmo
Understood the IU portion.
I think there is case law stating that you cannot work if you're rated at 100% PTSD.
thanks
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52 minutes ago, Buck52 said:
As long as your not IU you can work, however being rated 100% PTSD are you sure you can work with that?
But to answer your question yes if your rate increases to the 100% and you have another separate S.C. Disability of 60% or more that should qualify you for SMC-S...they look at the severity of the disability.
However you mention'' Im currently 90% combined. If my testicular C&P that I had done increases me, I will be 100% combined''
That depends on what rating you get for the testicular condition? it will need to be at least a 50% rating. 90 % & plus 50% =100% in VA Math & anything under 50% will not increase your rating. (using VA Math)
example : 90% original disability and another disability rated at 30% would be a 93% rating and you would still be at the 90% so the rating criteria would need to be 95.1 % to boost you to the 100% and that would take at least an additional 50% increase to your 90%combined rating you have now.
I guess the only caveat to all of that is if I am rated at 100% PTSD, the veteran cannot work at all, correct?
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32 minutes ago, Buck52 said:
NO if your 90%combined and inferred the SMC S your rating is still considered to be a 90%combined rating, you will need an extra 50% rating to boost your 90% combined rating to the 100%
Getting SMC Does not increase your ratings
Remember SMC is not a claim its an entitlement based on the physical and mental condition of your severe S.C. Condition (separate condition)
Here is a run down on the SMC Criteria and pay scale.
:Note this pay scale may not be up to date of 2016 , but may give you an Ideal
http://www.military.com/benefits/veteran-benefits/special-monthly-compensation-smc-tables.html
I guess my last post came out wrong.
Im currently 90% combined. If my testicular C&P that I had done increases me, I will be 100% combined.
My question is: If my testicular percentage goes up, I'll be 100% combined. If my PTSD goes up, I'll be at least 100% solely on PTSD. Can I still work if I'm combined over 100% and I have PTSD at 100% as well?
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33 minutes ago, Buck52 said:
yes it would all would be added to your comp you get now, I think the SMC K is paid separate and on the 3rd of each month, you can check e benefits payments scheduled and see how they pay out your SMC's
Most are paid with your original disability like SMC-S H.B. But the SMC -K is paid separate and usually on the 3rd of each month.
Thank you. So, if I get increased to 100% PTSD, I should also receive SMC-S automatically since one of my other disabilities is over 60%?
My other question is, what if my other items get increased as well!? I would be over 100%, not solely on PTSD alone.
Id still like to try and work part time. Note, my SMC-K is paid with my 90% rating at the same time. If I am SMC-S, is that 100% rating plus the few hundred dollars correct?
Thanks buck!
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5 minutes ago, Buck52 said:
yes you are correct if you get increase on your PTSD TO 100% & you have another S.C. Disability at 60% that is not expected to improve in your life time and the severity of the disability you should get the SMC-S
Actually SMC is not a claim. It is an entitlement based on your physical circumstances.
SMC K is usually S.C. but rated at 0% and pays in addition to what you already have around 103 Month. the SMC S H.B. in fact pays a lot better around 347 month with spouse.
Gotcha. Thank you.
So I would go to the 100% rating plus a few extra hundred bucks, 347 to be exact on top of the married at 100% rating?
Thanks for being so helpful!
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18 minutes ago, Buck52 said:
SecurityForces03
You need to be 100% or TDIU P&T And then for SMC Qualifications Criteria you need to have another S.C. Disability separate from the original disability and rated at least 60% to meet the SMC -S Criteria. House Bound in fact.
Some say when a Veteran is awarded TDIU W/P&T They are suppose to inferred the SMC-S because the Veteran can't leave home to work...I never knew about this Regulations so I can't comment on it.
I disagree with it....not that it shouldn't be that way but I don't know the Regs about it? if its true then hell yeah apply for TDIU P&T if your S.C. Disability keeps you from working?
If they increase my PTSD, specifically due to the Agoraphobia claim I have, I would go to 100% I would assume. I'm rated 70% for PTSD.
I'm scheduled for PTSD exam for the agoraphobia claim. Not sure if it's a whole new PTSD exam, or maybe just for the agoraphobia claim.
I wonder if agoraphobia would affect an SMC-S claim for being house bound. If I go up to 100% PTSD, I would also get SMC-S I would assume since my testicular issue is already at 60%, which I guess I may get increases as well.
Im 90% currently, with SMC-K.
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1 hour ago, Buck52 said:
just my opinion
I don't think its fair the VA gives IU Rating and then takes it away and gives a foot problem and S.C. it and then later takes it away without the veteran showing improvement and the Veteran appeals it all and the VA Remands the claims and over a period of years , the vet appeals & the VA Agrees that the veteran disability's is warranted and grants the IU with SMC.
Which they should have did in the first place. as in this BVA Case.
thats seems so unfair to the veteran.
jmo
Do you have any insight with the info I provided above? I'm interested about this SMC-S. I have no clue what it entails or if this is possible.
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FWIW, this is what I'm rated currently:
PTSD: 70
Testicular Issues: 60
Tinnitus: 10
Current Claim is for:
Testicular Issue Increase
Agoraphobia
Hearing Loss
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2 hours ago, Berta said:
The VA will often consider agoraphobia as part of a PTSD rating.
However a veterans with PTSD and agoraphobia can be eligible for SMC "S" under the Housebound rules.
https://www.va.gov/vetapp17/files1/1704948.txt
This is a long decision but shows that the SMC Housebound was predicated on when he got 100% SC award.
Due you have a TDIU claim in process?
It is possible they would grant you 100% SC for the PTSD..and then they would have to consider you for the SMC Housebound benefit.
If they dont consider you, that can be fixed under CUE.
Also if they award TDIU that is based solely on the PTSD ,that too could warrant the SMC Housebound award.
Hi,
Thanks for the quick and insightful response.
I am working, albeit a part time job, I have not filed for TDIU as I want to continue to work. Makes me feel more human, for what it's worth.
Im currently at 70% PTSD, but im overall at 90% SC'd. I filed for the agoraphobia secondary to PTSD. I'm curious what this C&P exam will entail if im already rated?
Also, what does the SMC-S do for the veteran? What is CUE?
As always, thanks Berta!!!
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Hi All,
Filed a claim in 2016 for a few increases and a secondary claim for Agoraphobia.
I am already rated 70% for PTSD that includes panic attacks, anxiety, and depression.
My claim went to gathering of evidence from Prep for decision. I had 2 other exams for this claim, one for my testicles and the other for hearing. It appears they forgot the 3rd C&P exam for agoraphobia?
After speaking with the VA, they told me I have another exam regarding PTSD. Does anyone think because I asked for agoraphobia as a secondary condition to PTSD is why they're requesting another C&P? I was SC'd in 2010 for PTSD.
Thanks!!
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1 hour ago, Navy4life said:
It's good to hear happy endings! Congrats! Sorry it took so dang long though! I am still awaiting my DRO decision. 2014 to present since I started that roller coaster...lot less time than you but I am hoping to hear something soon! again, CONGRATS!
Just keep fighting and don't give up! I'm very confident with the DAV and all the help they've been!
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2 hours ago, Tbird said:
wonderful news - way to hang in! not sure how long it will take for the retro i've seen a couple of weeks to a couple of months. years ago i had a claim granted and the money showed up in the bank before i even knew it had been granted. i thought the bank had made a mistake. i've never had anything big to require two or more signatures and i believe that takes more time.
Thank you for the words of encouragement!! I'm going to give it a few weeks before I reach out to AMC since I've been screwed with since 2009, or even the Secretary!
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2 hours ago, Berta said:
Someone might take a time frame guess but Congratulations , that is GREAT NEWS.
NOD 2009, final award 2016.....everything is so wrong with that picture.But you hung in there!
Thanks Berta! As you know, nothing should surprise us with the VA shenanigans!!!
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Hi everyone,
Had an appeal partially granted in 2015, stemming from a 2009 NOD. In Dec of 2015, I was paid and the other half of my appeal was remanded to AMC.
Once back at the board, the judge agreed in my favor, yesterday 7/12/16. At this point, it's been sent back to AMC for adjudication/payment.
Does anyone know what the timeframe is for backpay from AMC?
Thanks all!
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Called everyone today. Decision has been made but no one has an answer!!! DAV, BVA, etc! Ugh.
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Ok ok!!! I just looked today and now it says "pending case dispatch"!!!!
No new letter yet or any other changes! Any info anyone!?
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Hi everyone,
Last year, my appeal was partially granted and the rest (EMD) was remanded to the AMC.
My DAV rep wrote the arguement to the remanded portion and it was assigned to one of the BVA attorneys on June 2, 2016.
Yesterday I checked ebenefits and saw that the status had changed to "With VLJ". I know from the last time on the original appeal, it was with VLJ for about a month and a half.
Any thoughts on this time around? Also, my appeal is from 2009 ?
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7 minutes ago, asknod said:
When your appeal was remanded by the VLJ at the BVA, it lacked development or some oversight that prevented the judge from deciding it. S/he sent it out on remand to the BVA's private RO (the AMC) to cure the defect. They repaired it but it remained denied so they attached a SSOC and sent it back up to the VLJ for readjudication.
What then appears to have happened is that someone (your VSO rep?) asked for a Board Hearing or you checked off on box 10 b, c or d on the Form 9 back when you filed it. The staff attorney for the VLJ just noticed it. You now will probably have to wait another six months to a year for a Board hearing for the requested hearing to be scheduled at your local RO. That would only be if you asked for a video conference. If you want a live travel board hearing, it may take 16-18 months. After the hearing, the VLJ will render his decision. That will probably be a year or more following the hearing date. These estimates might be a little generous with the huge backlog at the BVA these days.
Some of this sounds right but some doesn't. According to my DAV Supevisor at Washington DC Appeals Office, he said the arguement for my remanded potion has been completed on Friday has already been sent back to the VLJ for the second review.
DAV rep said 30-60 days max. This is based on docket number and that this appeal has already been through review once. I'm taking it with a grain of salt, however, he has been spot on so far. Maybe it has to do with his position and location. Hope so.
by the way, I've not asked for a traveling board or one at the RO. The DAV is representing in lieu of those options.
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Just now, TexasMarine said:
Like I said earlier, you case sounds like it could "pop" at any time.
I also like the sweet sound of the word "expeditiously". The VA "may" wait for the EDD to be adjudicated before releasing your case for payment. Though I have seen, and been led to believe that once an affirmative decision is made regarding the major issue, the ratings board gets started, and then viola, retro is paid. From the experiences of those cases I read on this board, the rating specialist usually act quickly, and the disbursement office even quicker.
Here's a double-handful of "Hope" for your expedited success.
This board had a lot of positivity tonight! I'm liking it. Well, since it was remanded, the RO went in my favor. My DAV representative wrote a great arguement to back it as well.
Since this is the remand and it's already back at the board, I'm hoping the judge gets it soon and can decide on the EDD. The EDD was the only part of the remand, the rest of my appeal was decided and retro was already paid. If the EDD goes through, it should be at 70% for approximately 7 years. That's a lot better than the 10% I was originally given!
Thanks for the support! I'll be keeping an eye out on ebenefits!
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I also received a letter from the BVA that my remanded appeal will be heard "expeditiously". I love hearing that term thrown around.
My remanded portion was only for an EDD. The arguement that I read from the DAV was outstanding. Time to wait.
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Just now, TexasMarine said:
I would say "hearing scheduled" as opposed to "pending hearing request", but frankly I do not know.
Hehe. That's what I figured or "With VLJ". I say that because in the description on ebenefits, it says it could have already been scheduled.
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10 minutes ago, TexasMarine said:
Looks good!
Back from the AMC is always good. That status is usually a "black hole", taking upwards of 9 months to navigate. So, good for you on that count.
"With VLJ" is a status usually reserved for that point in the process where a decision to approve, remand, or deny is made. That status most likely won't be accomplished until after you have your hearing.
Once "With VLJ", the case can still be sent to the AMC for processing, so, I caution you not to get too excited at this point. The AMC is like a special RO specifically for the BVA, and they, like any RO, can take it's sweet time administrating your claim.
In addition, you can get many updates while "With VLJ". I seen timelines that included up to 10 "With VLJ" status "updates". And those are just from folks here on Hadit.com.
Having said that, the fact that the VA Secretary has shown interest in your case most likely will cause your case to be processed most expeditiously. I sure hope that holds true for you.
Good luck to you! And Bravo for keeping up the good fight.
As always, thank you for your thorough response. Always appreciated!
To be clear, I'm asking what should my status change to next? It's a remand so I'm guessing "the VLJ" status should be next. Is that correct? It is currently pending hearing request. My DAV rep said 30-60 days max.
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Hi all,
After contacting the VA Secretary, my appeal has left AMC and is back at the board. During that week process, my DAV Representative wrote an arguement for me regarding my remand. Looked excellent.
I received an update on Friday through ebennies that my case is "Pending Hearing Request/Scheduling".
Does anyone have a clue when the next step could be and if that next step is "With Veterans Law Judge?". My appeal has a docket date of 2012.
Thanks All!
SF03
Another PTSD exam? Already 70% SC'd! What!?
in Veterans Compensation & Pension Exams
Posted
If I've applied for an increase, or a condition secondary to PTSD(agoraphobia), could they reduce my rating? This was originally for an increase, I think it would be wrong if they decreased. I'm at 70% PTSD, kind of a big crossroad.