allansc2005

Bronco, maybe I didn't put my question(s) in the right context. Here are the facts: 1. The veteran was awarded SC for PTSD in March 2021(applied in December, 2020)@70%. 2. The veteran FIRST applied for SC PTSD back in January, 2009, but was DENIED. 3. The veteran got back pay for the SC PTSD for December, 2020, January 2021, February 2021 and March 2021. Here are the questions: 1. Shouldn't the veteran gotten back pay back to the time he was initially denied SC for PTSD in 2010(or the time he applied for PTSD the FIRST time)? 2. How(what VA forms) do we object to the effective dates that were shown in the 2021 decision?

Bronco, actually we do know the facts, and those facts are in his VA file, AND is what his PTSD approval is based on. The digested version is this: On 27 August, 1978, Sgt__ was attempting to rescue a PFC__ who's raft overturned on the Imjin River in South Korea. Sgt__ was unsuccessful, and PFC was presumed drown and never located. (Redacted) So, what I'm trying to get understood here is: 1. Is the veteran entitled back pay to the FIRST date he was denied the PTSD, which was February 2009, and.. 2. What form needs to be filed that says the veteran disagrees with the effective date of the PTSD award?

pacmanx1, The veteran has in hand the VA decision from 2009, denying SC for PTSD. Paraphrasing, the rejection letter basically stated that the records showing the veteran had an PTSD event while on active duty, "could not be located" The decision letter from 2020, AFFIRMED that the veteran had an PTSD event while on active duty, and granted him 70% SC. Do we file a Supplemental Claim showing the veteran FIRST filed for PTSD in 2009? Thanks, Allan 2-2-0 HOOAH!

Got a veteran who applied for and was granted SC for PTSD; applied in December 2020, granted March 2021. Veteran was paid back pay to December 2020, however, the vet was already denied SC PTSD back in 2009. So should he have gotten back pay to 2009, or was the VA right in granting him only 3 months of backpay? Thanks, Allan 2-2-0 HOOAH!!

Thanks Buck, broken and Mr. cue, I will take these comments, ideas, suggestions, experiences.., to my state director of the American Legion tomorrow, and see if our veterans have been given the correct information as it pertains to IU, SMC, Scheduler.. I have an issue here in my state with AL reps not giving veterans the correct information concerning VA pensions and disabilities.., and hopefully your input with clear up a little of the BIG mess. Oh, by the way, your input form what I initially asked for was real, I do have a veteran who's getting nothing but pure BS concerning their IU concerns! Once again, thanks! Allan 2-2-0 HOOAH!

@broken, yes you can have a 100% scheduler included in TDIU. You ask for and receive an increase for one of your IU conditions that adds up to 100%. A month or two later the VA then "converts" your TDIU into 100% scheduler. Happened to my brother. He was TDIU(90% scheduler), asked for and got one of his conditions that was in IU increased to 100%, and two months later he was 100% scheduler, and the TDIU went away.

@Buck, and contrary to popular belief, you CAN have ONE Scheduler rating at 100% and still be TDIU P&T. That 100% I just mentioned is NOT moot, and can still fall under TDIU.

@broken, My posts didn't ask about 100%, they asked about TDIU itself, TDIU having a COMBINED rating of 70%, 80%.., 100%- "Does TDIU in itself meet the qualifications, along with the 60% separate condition(s) for SMC"? The 100% SINGLE rating is a no brainer, I didn't ask about that.

Mr cue, that's what I've been saying all along. TDIU in itself, cannot be used to obtain SMC UNLESS one of the conditions in that TDIU is rated at 100%

Mr cue, correct! And that ONE condition HAS to be rated at 100% Not TDIU(unless the TDIU contains a 100% scheduler rating). Yes, the separate 60% rating, which can be combined, has to not have anything to do with the 100% decision.

Buck, so 100% scheduler along with another condition or conditions 60%=SMC. Yes, exactly. Not TDIU in itself and another condition@60% brokensoldier244: I'm reading Chris Attig's examples for SMC. "Example A: ONE condition rated at 100%, and another condition or conditions rated at 60%+... Attig also talks about "100% TDIU(not 90% TDIU, not 80% TDIU..) when discussing SMC. Yes, there is a difference. I'm a perfect example. I'm 90% TDIU and have another separate set of conditions that are rated at 70%, and when I did a NOD, now relabeled "Higher Review" , Bradley v Peake was thrown in my face "You have to have ONE condition(NOT TDIU rated at 90%) rated at 100%..." From all accounts, this is a VERY controversial subject, and it looks like the VA is winning the war. Allan 2-2-0 HOOAH!

brokensoldier244, Your Friday post above reads "...yes other than than that, IU is a 100 rating that is entitled to SMC..." Both law firms I talked to yesterday said the same thing (paraphrasing) "TDIU in itself does not meet the requirements for SMC..you have to have at least one condition rated at 100%...even though TDIU is paid at the 100% rate, for purposes of SMC it is not considered as a SINGLE condition, and therefore doesn't meet the standards set by the Bradley v Peake decision..." One of the attorneys told me she wont even take a case that challenges the Bradley V Peake ruling. I think attorney Chris Attig, who contributes here, has the same thing on his website that IU itself, along with the separate 60%, doesn't qualify for SMC. Anyone who has gotten SMC with IU/TDIU(not one condition at 100%), please chime in. Thanks. Allan 2-2-0 HOOAH!

@brokensoldier244th, Bradley V Peake: " ..a TDIU rating based on MULTIBLE service-connected disabilities DOES NOT satisfy the criteria for ONE TOTAL disability in considering Housebound Benefits..." I talked to two different veteran's attorneys about this TDIU meeting the standards for SMC yesterday, BOTH said they have fought this issue in court, and both have LOST. Yes, I know about that another totally separate SC of 60% has to be in place to get SMC. If there is anyone here who has won SMC based on TDIU(NOT any ONE condition rated at 100%), but with a COMBINED TDIU and another condition rated at 60% or more, please let me/us know here, and the circumstances of your case. Berta, could you chime in here? Thanks. Allan 2-2-0 HOOAH!

@Buck/brokensoldier, After reading the many BVA cases, Peake for example, I'm concluding that an IU with COMBINED ratings less than 100%(not the IU itself), DOES NOT meet the requirements for the ONE condition that's 100% and another/other condition(s) that are at LEAST 60% in order to be eligible for SMCs. BOTTOM line, if you don't have ONE scheduler condition rated at 100%(IU or not) and another separate and unconnected condition rated at 60% or more, then you are NOT SMC qualified. Berta, anyone else..., any comments to add? Thanks, Allan 2-2-0 HOOAH!

@Buck/Broken, Isn't the stipulation for SMCs that you have to have ONE condition that's 100%? In other words, the IU my veteran has is combined, and her highest rated disability-PTSD within that IU is 70%. I understand you have to have another condition that's totally separate and distinct from the IU @ 60% to qualify for SMCs. Thanks, Allan 2-2-0 HOOAH!

brokensoldier, The court decision is complicated, but let's remember, my veteran's PTSD was only rated at 70%. Just to humor my ignorance, please point out where in this court decision it says explicitly that IU is considered 100% as it applies toward SMCs. Thanks, Allan 2-2-0 HOOAH!

@brokensoldier244th Could you possibly give me some references that show that IU(in itself) counts as 100% toward SMCs? Wanna make sure I give the veteran accurate documented information BEFORE she moves forward with SMCs. Thanks, Allan 2-2-0 HOOAH!

@brokensoldier244th Please expound on your "yes".

Morning folks, hope all is well. Got a veteran who was just awarded TDIU P&T, and one of his conditions used for that TDIU is PTSD which was previously rated at 70%. Q. Can that PTSD be used as a precursor to obtain a SINGLE 100% scheduler rating, thus opening the door for seeking SMCs? The veteran has a few other conditions that are not included in the TDIU for which a 60% rating is achievable in order to qualify for SMCs. It's my understanding that the entire TDIU award in itself DOES NOT count as a SINGLE condition-100% that's required to file for SMCs. Thanks, Allan 2-2-0 HOOAH!!

Hamslice, Buck, bronco... I can tell you one thing for SURE, the C&P exam results will not match the decision I got, and that's a fact. I just talked to the doctor who conducted the C&P exam, he conducted the range of motion, bending, stretching.., measurements for LUMBAR conditions as I requested for my increase, NOT measurements for degenerative arthritis of the spine... @bronco, the issue here is about changing my original Rated Disability from 2008, giving me a C&P exam for what increase I asked for-LUMBAR spine(which I got), then turning around and inserting that NEW Rated Disability minus the % AND omitting what the doctor found during the C&P exam.

@Hamslice, correct! My C&P results are on the way, but I know for a FACT the doctor examined me for degenerative disc disease, LUMBAR spine, a condition I was rated for back in 2008. So the VA totally erased the ABOVE off of my Rated Disabilities, and inserted degenerative arthritis of the spine with intervertebral disc syndrome, with the same 20% I had for the ABOVE Rated Disability! So Hamslice, is this a Clear and Unmistakable Error-CUE, or is this to be filed for a Higher Review(formerly known as NOD)? Please keep in mind, my request for increase was for degenerative disc disease, LUMBAR spine...

bronco, I think you're still missing my point. Let me put this as simple and plain as possible: I already had and have degenerative disc disease LUMBAR spine dated back to 2008. I asked for an INCREASE for that degenerative disc disease LUMBAR dated back to 2008. I DO NOT nor have I EVER been diagnosed with degenerative arthritis of the spine with intervertebral disc syndrome. That is what they came up with on the decision letter which WAS NOT what I asked for an increase for. IT JUST POPPED OUT OF NOWHERE. The decision letter stated that the degenerative arthritis of the spine...(remember, I never had this) which is currently 20% disabling, is continued. See where I'm coming from? The VA denied my claim for something I never had nor asked for an increase for!

@broncovet Getting 100% scheduler and SMC's are my ultimate goals, and I know how to get there, but I think you misunderstood me. As I stated in my first post: 1. I was given a DENIAL decision for a Rated Disability I didn't have. See the Degenerative Arthritis Of The Spine ..I wrote about in my last post? That's not even a listed Rated Disability I had! 2. My C&P exam was for Degenerative Disc Disease, Lumbar Spine...which I asked for. Sum it up: I did not get the a decision for the condition I asked for, a decision which my C&P exam was for. So, is this a CUE or Higher Review case?

Afternoon folks, hope all is well. I posted this question/concern a few weeks ago, but it seems to have fizzled out, got lost in cyberspace...something? Back on 12/23/2020 I had requested an increase for degenerative disc disease, lumbar spine(previously rated as chronic low back syndrome under DC 5237) currently at 20%, effective date 01/30/2008. Went to my C&P exam, doctor did the usual bend and reach, range of motion(ouch)..on my lower back, and because of the pain, he stopped in the middle of the exam because I was in pain, stepped over to his computer and pulled up my medical records, turned to me and said "Mr.__, I see you have Issues with your entire spine, especially with your lower lumbar.., and I see no need to put you through anymore of these movement and motion tests..." I grabbed my cane. the doctor helped me stand up, and I left the office. Last week, I got my decision: Evaluation of degenerative arthritis of the spine with intervertebral disc syndrome, which is currently 20 percent disabling, is continued. UM OK, but I never had a rated disability for the above, nor did I ask for one, I asked for an increase, as stated in my first paragraph dated 12/23/2020! Now, under my newest rated disabilities, they inserted the new decision stated above, and totally omitted my Rated Disability from 01/30/2008! It just vanished, gone.., never had it! So, is this a Clear and Unmistakable Error-CUE, or reason for a Higher Review(Formerly NOD)? As a footnote, I'm TDIU P&T. Thanks, Allan 2-2-0 HOOAH!

Don't be afraid to use a lawyer when necessary, but do your homework BEFORE you choose one. Allan 2-2-0 HOOAH!