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Redd89
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Posts posted by Redd89
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This is the publication put out by VA. Hope this helps. https://www.benefits.va.gov/compensation/docs/AO_C123_AFSpecialityCodesUnits.pdf
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With any proposed adverse actions always read the entire letter the VA sends. On proposals you have 30 days to request a hearing and the VA will not, (should not), reduce the benefits prior to the hearing. If request for hearing is received after the 30 days, then a hearing will still be held but the final action can take place prior to the hearing. During this Covid period if a hearing has been requested after the 30 days you can request a "skype" formal hearing which are recorded and transcribed. As far as repaying anything, letter that proposed the severance should have advised you of this if that was what they were planning to do. Something like "this may create an over-payment".
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Target dates or "suspense dates" are required in the computer systems used by VA, unfortunately they have no bearing on when a claim will be completed. Sorry
If the VA has a target date for your claim to be completed is that just a farce????
Coachchas
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As of this date, they have not acknowledged my NOD. Well, including mail time, I don't see this as a problem yet. If you haven't received an acknowledgement within another month or so, I suggest you follow up with a a certified letter.
Today, they sent me an envelope with info I had sent them and said it was the FOIA info I wanted. First, it was your information you received and not some other vet's? Second, did you ever make a FOIA request? Could the VARO just - belatedly - getting around to answering the FOIA? Otherwise, it could be a minor glitch.
They made the statement that I couldn't use this info to re-open my claim. Could the information that was sent back to you have been duplicative information? I mean, for example, if you sent in copies of your SMRs and the VARO had the originals, the correct method is to return your info. I'm kinda guessing that, based on that re-open statement, because (I'm guessing) that that information was considered in the decision and is duplicative and won't help. Otherwise, the cover letter appears poorly written.
I thought claim remained open until I either missed a deadline or claim was determined by the BVA. Essentially correct. However, I don't see that response letter as closing your claim. FWIW, any claim is not closed or "finalized" until one year after the date on your notification letter. You have any time within that one year to disagree or appeal, which you have done.
I thought I read somewhere that once a initial decision was made, a different team would handle my NOD etc... I noticed on letter was the same person who decided my claims. It is unlikely that you have any information on who actually worked on your claim and made the decision. The signature on your notification letter (and likely the transmittal letter for the records) is of the Service Center Manager, one of the RO big bosses. Your Rating Decision was done by some Rating Veterans Service Representative (RVSR). Since you filed a NOD, the NOD will be handled by a Decision Review Officer (DRO), which is a different person.
Unfortunately I stirred up the hornets nest when I caught them not playing by the rules, At this point, I couldn't say whether you caught them not playing by the rules or not. Honestly, it's still pretty early in the great scheme of things.
so I am thinking they are going to jerk me around till I either quit or stroke out. Nah, at this point, I don't believe that's the case.
A DRO will not be the one looking at the NOD UNLESS the claimant selects the "denovo review" in lieu of traditional.
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aid and attendance pays 3327 as a single vet no dependents
housebound/s pays 2993 as a single vet no dependents
Can not get both.
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Sorry, what is CIB & PH?
You would think that since the VA has already diagnosed me with it and is aware of my symptoms from Desert SHield/Desert Storm it shouldn't be such an issue but I suspect it will.
Here's another question on this...I was diagnosed as bipolar after I was medically discharged. The diagnosis/symptoms have a lot in common but my dr.'s feel I actually have both and have diagnosed me as such. Seems I should go after that as well whether or not the PTSD is approved because my symptoms never occurred until after I was medically discharged. Could bipolar not be a secondary condition made worse becaus e of the PTSD?
Combat infantry badge. Purple Heart.
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Thanks for the info. Looks like I'm good to go, just need to have the doc write that statement.
I will also advise them on the surgery I had today.
Thanks again....Eric
Eric,
What is the prognosis. The reason I ask is maybe you should be starting the Unemployability paperwork. I would also ask your ophthalmologist what he/she expects as the outcome from the surgery. Good luck
Red
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I saw this too and had to ask myself a few questions:
Don't all branches award the POW medal to anyone declared a POW?
Doesn't anyone awarded the POW medal automatically rate a Purple Heart?
Doesn't anyone awarded the Purple Heart automatically get 10% from VA?
Other than someone who had their records destroyed in the St. Louis fire, all you need to do is look at the awards section of the DD214 and if there is no POW medal, there is no award.
If I'm wrong about the awarding of the medals than I'm sorry, but I swear I read that somewhere. Was along the lines of how Medal of Honor holders get a special award from the VA no matter what other disabilaties they have.
Purple heart recipients do not automatically get a 10 percent.
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http://www.vba.va.gov/bln/21/Rates/comp02.htm
SMC "S" -if a vet is 100% for one SC and then rated at 60% or more for additional SC they can get SMC "S" award- or if they are declared Housebound or in need of Aid and Attendance with one 100% SC disability they can get SMC S
As the rate chart shows - the SMC awards can go up to well over 4,000 a month with catastrophic disabilities and they add extra for dependents just like regular compensation.
Berta,
Just a little correction in what you posted. If a veteran is a 100 percent and is in need of aid and attendance, that is different than SMC s. That would actually be SMC L. Thanks for what you do to help so many people. We need more people like you.
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What does everyone think.....I requested my C&P exam records through iris since they were conducted at OTC
Doctors and not available through the VAMC, well they came today and much to my surprise included were the results
of a PTSD exam from another Vet, can you believe that!!! Of course the VA 1-800# said please send them back but
I just hate to send them in so they can get lost again, now Im worried that my records needed to decide my claim are
in someone else file....Suggestions
Curt,
I would contact the VAOIG. Just for general information, the VA handles these types of situations by giving the person who had their records compromised a year worth of Identity protection. Woo hoo
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Vicki,
The secretary of veterans affairs appealled smith to the federal circuit. Oral arguments are scheduled for some time in June. Hopefully we will have a decision around aug or sept
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Trick,
The key is if your father is rated at least 70 percent or if the nursing home care is needed due to a service connected disability. If it is one of the preceeding then I would suggest you talk to a social worker at the VAMC closest to you and let them know your father needs a nursing home that accepts VA contracts. I know for a fact the soldiers and sailors home in Indiana does not accept VA contracts. Sounds strange I know. If your father gets into a VA contract nursing home then he will be able to keep his VA compensation.
Hope this helps
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Pete,
Do you use a service officer in indianapolis? If so who is it. I have several friends in the Indianapolis Regional office.
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The HiNQ screen is a VHA or hospital screen. A lot of times that screen is not accurate. The only thing that is important is that it shows you are over 50 percent. That puts you in category 1 for health care. When you do become 100 percent based on unemployability you will then be entitled to dental. If you want to check if your wife is on your award just call 18008271000 and ask.
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Ratings:
70% PTSD
30% Irritable Bowel
0% Knee
Total Rating: 80%
About 6 years ago applied for unemployability and was granted compensation of 100%. But still rated at 80%.
Long since stopped working because of disabilities. No other contact with VA since other than twice yearly scheduled visits to VA doctor - for routine physical check-ups.
Last year, I went to DAV and requested to file a claim - and what I thought was 100% Permanent and Total. A claim was filed by the DAV - but I can't remember what the DAV rep. asked for. I think I just signed form to let DAV act as my representative.
Last May, I receive a letter from VA stating that I am Permanent and Total. I thought this meant 100% Permanent and Total, but this does not. I am still rated 80%. The letter from VA did not state any percentage. It just states that I am Permanent and Total. I am still
Now to my questions:
What does this mean? 80% Permanent and Total?
Do I get any more benefits?
Again, I thought Permanent and Total was equal to 100% - but I am surely wrong on this.
I am baffled.
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Zippity- you can ask at any time for P & T consideration- there is no form- just write them a letter requesting that they consider you for it-
BUT it would help greatly if you can get a strong statement from your doctor to support the fact that your disability is P & T.
Berta
<{POST_SNAPBACK}>
If you are married and your wife does not have insurance or you have college age children I would ask for it. If the aforementioned description does not fit you then I would let the sleeping dog lie.
va severing service connection due to cue
in CUE Clear and Unmistakable Error
Posted
One thing to keep in mind when looking at the 5 year stabilization is that the VA does not alway rely on a new exam. For instance, they may have service connected a condition and then have another C&P exam 5 years later but have VAMC records they site which "show" improvement and use this for the proposed reduction. It is here where the argument is used there is no material improvement and you cant reduce on an exam that is less thorough than the one that was used to grant the benefit.