Ddsr

Yep thats why im fighting the SMC not being added. I was 80% IU then received an extra 90% Hearing Loss which then gave me the Scheduler 100%

I wanted to ask a question about SMC-S1 specifically from the CAVC–Buie (5) v. Shinseki (0) (2011) case. My situation is similar, and I was not awarded SMC-S1 upon 100% scheduler award. My interest is why does this continue to happen? Is it due to few Veterans even know about the SMC-S1? My thoughts are this is true or veterans just do not fight this much so the VA continues to now award the SMC-Veteran's because they use the bullcrap argument that more than one SC was used to give the veteran the IU. Reading the Buie case shows clearly that it does not matter in what order the SC were given as long as there is the 60% or more for one SC and the other qualification which is another single rated at 60%. Currently I am waiting for my Rep which as well who is waiting for his decision for the SMC-S1 battle which is similar to my case. I will fight this upon his decision to see how that goes. Mainly I am curious as to your thoughts as to why the VA continues to not award the SMC-S1 automatically as they state they will do, but in fact again use the well the IU was awarded for more than one SC

If you want a Nexus from VA shrink good luck. They almost never write one out. If you get a nexus from independent source they would need to view your VA records and state such on the nexus.

Best evidence you can obtain is a vocational rehab opinion. You can get this through Vocational Rehab which is free. If you are truly IU then they will not accept you into the program. If not accepted ask for a Feasiblity Letter stating such.

You can appeal if you believe that your claim was not dated correctly. I will also show the choices. On Feb. 19, 2019, VA implemented the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), transforming a historically complex appeals process into one that is simple, timely, and offers Veterans choice and control. If you disagree with an initial claim decision you received after Feb. 19, 2019, you can now choose from one of three lanes to have the decision reviewed: (1) higher-level review (2) supplemental claim, or (3) appeal to the Board of Veterans’ Appeals (Board). What are the three lanes? Choose the higher-level review option if you don’t want to submit new evidence, but you think a mistake was made. A senior claims adjudicator will review your claim in an average of 125 days. Choose the supplemental claim option if you want to submit new and relevant evidence. VA will assist you in gathering the evidence you identify. This option will take an average of 125 days. Choose the Board appeal option if you want the Board to review your case. Appealing to the Board If you appeal to the Board, you will then choose one of three dockets: (1) direct review, (2) evidence submission, or (3) hearing request. Choose the direct review option if you don’t want to submit new evidence or have a hearing. The Board will review only the evidence the local VA office considered. The Board will complete these cases in an average of 365 days. Choose the evidence submission option if you want to submit additional evidence, but you don’t want a hearing. The Board will review the evidence the local VA office considered and any additional evidence that you submit within 90 days after VA’s receipt of your notice of disagreement. This option will take longer than one year. Choose the hearing request option if you want a hearing with a Veterans Law Judge. After the hearing, the Veterans Law Judge will review the evidence the local VA office considered, as well as your hearing testimony and any additional evidence you submit the day of or within 90 days after your hearing. This option will take longer than one year. https://www.blogs.va.gov/.../appeals-modernization.../

100% TDIU Congrats! Benefits include: • At 100% TDIU you have restrictions as to income. • Full healthcare with no copays at 50% or more. • Travel pay at 30% or more. • Dependent's pay at 30% or more. • VR&E at 10% or more. • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military. • VA dental or with VR&E or SC mouth or jaw injuries. • Possible SSDI (Time Limited!) • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!) • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare. • DEA (dependent's education) if you are permanent (P&T). • Federal student loan forgiveness or with SSDI. • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible • Space-A Flights (Cat VI) - Veteran and dependents • Non-VA ER if you are permanent (P&T) • 3 free non-VA Urgent Care visits per calendar year at 50% and above • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions! • Hearing aids and eye exams and glasses are included with VA Healthcare. • Here is a link to all the federal benefits. https://benefits.va.gov/BENEFITS/derivative_sc.asp • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.blogs.va.gov/.../veterans-benefits-2020...

100% TDIU Congrats! Benefits include: • At 100% TDIU you have restrictions as to income. • Full healthcare with no copays at 50% or more. • Travel pay at 30% or more. • Dependent's pay at 30% or more. • VR&E at 10% or more. • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military. • VA dental or with VR&E or SC mouth or jaw injuries. • Possible SSDI (Time Limited!) • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!) • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare. • DEA (dependent's education) if you are permanent (P&T). • Federal student loan forgiveness or with SSDI. • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible • Space-A Flights (Cat VI) - Veteran and dependents • Non-VA ER if you are permanent (P&T) • 3 free non-VA Urgent Care visits per calendar year at 50% and above • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions! • Hearing aids and eye exams and glasses are included with VA Healthcare. • Here is a link to all the federal benefits. https://benefits.va.gov/BENEFITS/derivative_sc.asp • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.blogs.va.gov/.../veterans-benefits-2020...

TDIU BENIFITS.docx

That was a successful dispute used in an HLR by an agent.

Thank You TBIRD maybe that way I wont have the same people being negative as to everything I post in attempt to help others.

I have maximum for IBS. I am a Gulf Veteran and upon discharge I continued for 20 years telling the VA about stomach issues. Nothing was ever documented in service on IBS but I filed for IBS and was granted maximum. Hopefully you have been letting the VA know about your stomach issues since discharge. File for it and good luck.

functional_limitations_checklist (1).pdf

Protected Work Environment (AKA Sheltered Work Environment) for TDIU: What does it actually mean? If you are TDIU (Total Disability based on Individual Unemployability or IU), you are limited in how much income you can have from employment. That limit is called "marginal employment" and is the Federal Poverty Level for a single person and is currently $13,300/yr or $1,118/mo GROSS. Marginal employment comes into play when a veteran is seeking TDIU, a VA disability benefit available to veterans whose service-connected disabilities make them unable to work. TDIU compensates veterans at the 100% disability rating amount and benefits, even if their total combined disability rating is less than 100%. When it comes to TDIU, VA considers a veteran’s employment “marginal” if the veteran earns less than the federal poverty threshold for one person (in 2020, $13,300 per year for all states other than Alaska and Hawaii). This comparison to the U.S. poverty threshold makes establishing “marginal employment” relatively straightforward and objective. But VA also acknowledges that some employers will make major “accommodations” for veterans with disabilities while continuing to pay them above the poverty threshold, allowing those veterans to maintain employment when they would otherwise (without the accommodations) be unable to work. VA refers to situations like this as “employment in a protected environment” or, more simply, “protected work environment.” Some examples of a protected work environment: a family business and a sheltered workshop. Though not all employment at a family business or sheltered workshop automatically qualifies as “protected work environment”, these examples give us a better idea of what VA is looking for. These are examples of job environments in which the veteran is excused from the standard work requirements. What is a Protected Work Environment, more generally? There are a few things inferred about protected work environments from past VA decisions, Court/CAVC cases, etc. Generally, in protected work environments, a disabled veteran is paid the same or similar amount as other employees doing similar work and one or more of the following is true: -The veteran is excused from critical functions of their job due to the limitations caused by his or her disability. The veteran employee may, for example, be allowed to skip meetings or trainings that other employees have to attend. -The veteran is less productive than other workers. For example, a veteran with a traumatic brain injury (TBI) who works on an assembly line might produce half as many things that another worker would produce in a day (because it is harder for her to concentrate). If the veteran receives the same pay and benefits as the person without a disability, then her work environment might be considered “protected.” -The veteran is less reliable than other workers. Another example: A veteran who has PTSD works for his brother’s company. Because he has PTSD, the veteran has trouble sleeping and often shows up to work very late and sometimes not at all. But his brother (the employer) does not deduct pay for the days the veteran misses or comes in late because he knows his brother’s actions are the result of a disability. -The employer does not penalize the veteran for behavioral issues and/or mistakes related to their disability. Some mental health and other conditions cause people to have trouble with interpersonal interactions or unpredictable behavior. Such conditions might make it easier to make mistakes on the job or forget to do things. A work environment where the veteran’s employer and co-workers accommodate these kinds of limitations might be considered “protected,” especially if it could be argued that the behaviors wouldn’t be tolerated by the typical employer. NOTE: The type of work you do is not enough on its own to show a protected work environment, as defined by VA. If, for example, a veteran chose truck driving as his career specifically because he has PTSD and prefers to work alone, this does not count as a “protected work environment” unless the veteran is given special accommodations (for example, allowing him to drive fewer miles than other drivers, but not reducing the pay he receives or penalizing him for being less productive). The above situations, of course, are not set rules for what counts as a “protected work environment.” They can be used as guidelines for veterans who think they may qualify. Potential Evidence for Protected Work Environment Claims There is a wide range of potential evidence that could be used to show that a veteran is employed in a protected work environment. One key for these types of claims is a statement from your employer. The employer statement should include the specific accommodations made for you in the work place, duties you are excused from, examples of situations where exceptions have been made for you on the job, etc. It’s also important for the employer to tie each of these accommodations back to the effects your disability. A statement from your fellow employees would also be important. Additionally, you should include documentation of your salary or contract. If available and relevant to your case, you may want to include a record of your attendance. Similarly, documentation of interpersonal troubles or mistakes that were forgiven, could also be useful. You may also want to include Social Security Administration descriptions of the typical duties involved in the type of work you do (or the role you have) or anything that would allow VA to see that there are widely accepted critical functions of your job that you’re excused from. A copy of the employer’s own job description for the position can also be helpful.

Doctor's Letter Head Date: Subject: Medical history of Mr. Veteran Reference: C-File # and/or Social Security Number To the Department of Veterans Affairs: I am the primary care provider for Mr. Veteran. In my capacity as a primary care provider, I have cared for Mr. Veteran since 01/07/20xx. While I've provided care for Mr. Veteran, I've become familiar with his active duty medical history from 07/24/19xx to 08/07/19xx and from VA medical records from 19xx to present, past and present ailments and I've reviewed pertinent parts of his military record that document his injury, disease and clinical conditions related to the events that occurred. I am aware that Mr. Veteran was injured during his active duty military service on or about 1981 in Fort Army while (events description, time and place). A primary condition the veteran suffers is Lumbar Paravertebral Myositis (an Inflammatory Myopathy) and an L4-L5, disc desiccation and disc narrowing. MRI reports note sacralization of the L 5 representing a developmental abnormality and also that paraspinal muscle spasm is suggested. Further noted are mild thoracolumbar dextroscoliosis as well as mild spondylosis and degenerative endplate changes. Schmorl's nodes in the superior endplate of L3. L3-L4 and L4-5 degenerative disc disease are seen. There is an L4-5 small posterior disc bulge and small posterior central disc herniation and L2-3 vertebral hemangiomas. Mr. Veteran has chronic pain due to his injuries. The veteran suffers radiculopathy with pain, muscle control difficulty, tingling, numbness and weakness in the legs, likely due the sacralization of L4-L5. Mr. Veteran suffers increased fatigability because of his chronic back pain. Standing for more than 15 minutes will make him become weak and exhausted. There are multiple other clinical conditions diagnosed that are more likely than not secondary to or aggravated by the primary back condition(s). The veteran takes numerous medications for both the primary condition as well as secondary conditions that are aggravated by said primary back condition. (Medicines and secondary conditions are listed separately.) The veteran is not a likely candidate to be rehabilitated. After examining Mr. Veteran, his chart and medical records it is my opinion that Mr. Veteran is totally and permanently disabled due to the above discussed back condition. The veteran cannot hold gainful employment as a result of the injury he sustained while in the military. It is also my opinion that it is more likely than not the that the physical traumas suffered during the veteran's military service as noted in his record (description of events and dates) caused, contributed to and aggravated the totally disabling back condition(s). Respectfully, Dr. Physician, MD Diplomat of the American Board of Internal Medicine

BUDDY-LETTER-TEMPLATE (1).docx

VETERANS-PERSONAL-STATEMENT-for-PTSD-2.docx

VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf

file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf

PRIVACY ACT REQUEST VIA FACSIMILE & CERTIFIED MAIL (Return Receipt Requested) DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444 -or- Fax to: TOLL FREE: 844-531-7818 July 15, 2018 RE: PRIVACY ACT REQUEST Veteran: Name VA File No (SSN): xxx-xx-xxxx Veteran Social Security #: xxx-xx-xxxx To Whom it May Concern: This is a request for documents under the Privacy Act, 5 U.S.C. § 552a, (PA) on behalf of INSERT NAME(Veteran). This request is properly made via facsimile as it contains the signature of the requester. IDENTIFICATION OF DOCUMENTS. I hereby request all documents contained in my VA claims folder for any of Veteran INSERT NAME VA claims, AND, to include anything in the VA Virtual File, Virtual Records, or any electronic system where records about me or my claim are kept or stored. I understand that if I am seeking my Department of Veterans Affairs Medical Center records, I will contact that Medical Center. FORM/FORMAT IN WHICH TO PRODUCE INFORMATION. The PA and the VA’s own internal policies related to PA requests, require that the records be produced in the format sought by the requester, if the record is readily reproducible in that form or format. · Please provide my records (on a CD or in Paper). I understand my records are now in the electronic format and at times the copies maybe hard to read due to the condition my record was at the time of scanning. Please take special care to ensure that both sides of any two-sided documents produced in response to this request are included in the response, and are scanned into a PDF in such a way that they do not “bleed-through” from one side of the document to the other. 4. TIME FOR RESPONSE. Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, as well as 38 C.F.R. §1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) BUSINESS DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i). Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)(C)(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R. § 1.553(d). Please also be aware that your agency's failure to respond to this request within twenty business (20) days can result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R. § 1.557 and 5 U.S.C. § 552(a)(6)(A)(2) (ii), and/or, the filing of a federal lawsuit to compel the production of the information. In any such appeal or lawsuit, I intend to seek not only injunctive and/or monetary relief related to this request, but to the extent permitted by law, injunctive and/or monetary relief based on the Department of Veteran’s Affairs patterns and/or practices of responding to PA requests in a manner violative of the PA, as well as attorney fees and litigation expenses, and any other remedy/relief available at law. 5. Point of Contact. As discussed above, please respond to this request within twenty (20) business days. I may be contacted at Insert PHONE# or EMAIL. My address is INSERT ADDRESS. Thank you very much in advance for your assistance. Respectfully, INSERT SIGNATURE & NAME (MUST be signed)

file:///C:/Users/dantr/Downloads/The Nexus Letter - An Explanation and Example.pdf

P&T (Permanent & Total) Status • You can be 100% IU (Individual Unemployability or TDIU) with or without P&T status • You can be 100% schedular with or without P&T status. • You must be either 100% schedular or 100% IU to be P&T. That is what the 'T' is for (Total) • P&T=Permanent & Total which gives you no future reviews (unless you request one by filing a new compensation claim or filing for an increase) and more benefits for dependents including dependent education assistance (Chapter 35) and if not Tricare eligible, healthcare through CHAMPVA. --- If you are 100% or 100% IU and want to check...--- Some people already have Permanent & Total (P&T) and don't realize it. Log in to the va.gov website. Look under 'Records'. Click 'Download your benefit letters'. On the next screen click 'Get Your VA Benefit Letters'. Next: View Letters Select 'Benefit Summary and Service Verification Letter' To see if you are P&T, the statement will say "You are considered to be totally and permanently disabled solely due to your service-connected disabilities." --- If you are 100% schedular or 100% IU you can file for P&T status is you don't have it. There is no legal timeframe when P&T status is automatically given EXCEPT if you have been IU or 100% schedular for 20 years.

file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf

Congratulations. I was going to suggest you look in the Letters section. That almost always updates first. Time to relax now and dont forget to apply for SSDI if you have not already. SSDI also allows your children to receive a monthly check themselves as well.

Great advice Bronco. That Voc Rehab Opine is very very strong evidence for TDIU claims. I keep telling vets to get a free opinion to be evaluated by VR. If they do not accept a veteran in the program then that is a free Professional Vocational Opinion that can be used as evidence. Now if VR does accept a veteran into the program, the veteran does NOT have to actually do the program. Either way they just had a FREE professional opinion.