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First Class Petty Officer
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Richard1954 last won the day on January 19

Richard1954 had the most liked content!

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About Richard1954

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 02/26/1954

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  • Military Rank
    SFC Retired

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. I agree with Buck, usually the reason for a Moot response to TDIU is because your are rated 100%.
  2. Well it is very hard for some veterans myself included to avoid using VA medical care. In my case, I have the need for many different medical devices, as well as a handicap van, wheelchair etc that I just cannot get elsewhere. ( No the VA did not buy me a van, but they paid for the conversion which all said and done was over $34,000 . ) So as I age, the VA treats me for many different issues, of which some become secondary issues to service connected issues. Trust me when I say I do not like the way the VA treats me all the time, tonight was a good example, I had a 4:00 appointment for a CT with contrast. I arrived at radiology at 3:30, was called into the x-ray room at 3:40 to be told I had to drink a bottle of solution wait an hour drink another bottle and then have an IV with contrast. I complained that they should have told me to arrive at three if they knew I was going to have to wait an hour before I could actually have the CT done. And the damn CT only literally took 5 minutes. What a waste of my time, and one guy even stuck me for the IV and missed my vain and had to call a nurse to do it on the other arm... this was a waste of another 30 minutes... I did not get home until 7:00. I do know that some VA doctors do not like to give statements for claim purposes, but they must by directive 2000-029 provide a statement if a veteran asks for it. In my experience most doctors will write a statement in the records. Charlie sorry you are having a hard time getting some issues resolved I know how that feels.....
  3. Wow... I just read the entire article they are actually proposing many different ways to eliminate compensation. The TDIU elimination would not affect me personally, but I still have concern over this option They listed 7 diseases that CBO considered not to be caused in any way by military service, good arguments could be made that some of the conditions are caused by service. Arteriosclerotic heart disease Chronic obstructive pulmonary disease Crohn’s disease Hemorrhoids Multiple sclerosis Osteoarthritis Uterine fibroids I would be directly effected if they eliminated COPD from compensation in that I would lose my 100% rating. Ironically, I would still have a 100% rating based on all my other medical conditions. I would also lose my 10% rating for Hemorrhoids which I would argue, would never have happened if I had not been eating c rats in fox holes with water up to my ass I do not see the CBO revoking compensation based on disease alone, it would not be an easy thing to do.. more elected members would be inclined to limit medical care to certain veterans, or reduce compensation for those with a 30% or less rating or some other less drastic measure than to take away a 100% rating especially for someone like myself who has been rated 100% for 12 years, and prior to that TDIU for 8 years for TDIU.... Every veteran Could be impacted by at least one of the 6 options outlined...... scary stuff hope it doesn't happen to anyone.....
  4. Actually the statement is not entirely correct " Don't these people realize that if a veteran has IU, his social security payments are almost nonexistent due to the very fact of the unemployability" Social Security is based on your lifetime earnings, if you retired young you social security payments would likely be low, if you retire at an older age , security payment could be High... The average Social security payment is $1422. in 2019.... my monthly check is considerably higher and I was forced into a second retirement at age 45. I don't think that the proposal would effect more Vietnam Veterans, since most if not all would likely be grandfathered in. I believe that they could change the rules at anytime for any reason but considering the backlash that politicians would receive , if enacted, it is my opinion it would only affect new awards and then only if the veteran was actually retired long before the request for TDIU... Example: say a veteran takes a normal retirement at age 67 ( any age really) and then a few years later request TDIU... it could be denied, because if the veteran is already retired before he request TDIU, he is not losing any income, because compensation is paid to offset lost income, not supplement retirement it could easily be justified to deny TDIU in cases like this, and then the age question does not even come into play. Just like there are special rules for VA service connected pensions, they can make special rules for TDIU eventually some politicians will have take the step to limit TDIU in some way, its just a matter of time.
  5. I presently have SMC L 1/2 based on a 100% rating for Lung disease, and an additional rating of 60% for my lower back. To get a half step increase from L veteran must have Other Disabilities Combine to 50% If you have separate, service-connected conditions that combine to 50 percent, then the level is bumped up to the next ½ level. That is, a veteran whose SMC condition was found in Level L would be moved up to compensation rates for Level L ½ (Level L ½ would move up to M, M to M ½, etc.). For example, say a veteran has both feet amputated (100 percent rating), arthritis in the right hand (30 percent), and PTSD (30 percent). The loss of both feet qualify for SMC under Level L. The arthritis and PTSD do not qualify for SMC, but combined, they equal at least a 50 percent rating. (Note: VA calculates combined ratings using a Combined Ratings Table – ratings are not simply added together. Read our post on the VA Rating Schedule to learn how to combine ratings on your own.) So, the original Level L for the amputated feet would be moved up to Level L ½. In the above situation, note that the additional disabilities combine to 50 percent on their own – i.e. not including the SMC-eligible condition. Also, the additional disabilities are not taken into consideration under another SMC level. That is, the above disabilities qualify for this special rule because there is no SMC level that specifies “both feet amputated and arthritis of the hand” or something similar. Ok... so if I have additional disabilities that combine at 50% or more am I then entitled to an additional 1/2 step increase up to SMC M. In my case, I have 7 additional ratings that combine at 68.11 rounded to 70%. .... The rules also state: Another Disability at 100% If you have a separate, service-connected disability rated at 100 percent, then the level is bumped up an entire step instead of a half step. Unlike the 50 percent situation, you just have to have one disability rated at 100 percent (not multiple disabilities that combine to 100 percent). If the conditions that qualify you for Special Monthly Compensation are caused by a disease (for example, if your amputations were caused by service-connected diabetes), then that disease cannot count toward the 50-percent combined rating or single 100-percent rating necessary to move up to the next SMC level. SO what does all this mean? Can I get to SMC M by having more than one list of disabilities rated at least 50% each ( in my case one 60% rating - L 1/2 and 7 additional ratings combined at 70% = M ) or must I have one separate rating at 100%.......to get to step M..... The rules are confusing
  6. No SMC S is not automatic just because you were awarded TDIU based on one condition, because In addition to the TDIU , You must have also have a separate rating of 60% or more for an automatic award of Housebound SMC S You medical retirement date will have nothing to do with increased ratings, in your case from 70% to 100%. The award date of the 100% should be the date you applied for the increase not earlier and certainly not back to your retirement date. Apparently there was a need for A&A and you were awarded the SMC L ... you then must have had an addition rating of 50% or more to get to the 1/2 Step. or L 1/2
  7. I have no idea what your doctor wrote in his opinion and on the 21-2680. What I am saying, is that you must have a 100% rating to get Aid and Attendance, ( I no of no case where a veteran was awarded A&A without an actual 100% rating) As to Housebound, it takes is a TDIU rating that was based on a single condition rated 60% or more, and a separate unrelated rating 60% or more. or a rating of 100% and the proof of an actual need for Housebound based on the medical condition . The doctor must present a reasonable medical opinion that does not conflict with the medical records, and he must explain as in all cases how he arrived at the opinion. Since you are not rated a straight 100% you don not qualify for A&A I am also saying that if your TDIU was based on more than one medical condition then you will not qualify for Housebound, unless your doctor can show an actual need and you are rated 100%. But , with the VA nothing is simple and I can't be certain how the VA will rate you case... these are just my opinions based on what I understand the rules to be.
  8. What you medical records states and how the VA reads the information is two different things. First the rating specialist are not doctors, and I would guess that over 99% of them have no medical treatment experience at all, these are the people reading the medical records and trying to make sense of the doctors notes. If your as old as me, you have medical records that are 50 + years old, and most records are written in scribble which makes it even harder to understand. Case in Point: In 1986 I claimed sinusitis which was treated in service over a number of times in a 15 years period. The claim was denied over and over again because the rater stated that no in service diagnoses was made. Finally, I received two independent medical opinions one from an active duty doctor and one from a civilian doctor both working at Fort Hood. Both opinions stated that my condition was diagnosed and treated on active duty up until the day I retired. I was finally awarded 10% service connection but it took me 18 years to accomplish this, and believe me a 10% rating was not worth all the effort and time expend, but more important if I had received that 10% when I was first retired my compensation would not have changed because of the way the va combines ratings.... my point... get Independent medical opinions don't waste time like I did.....
  9. David, When your doctors fills out the 21-2680 his answers will determine what you qualify for ( aid and attendance or housebound but not both) You just submit the form and the VA rater will make a decision based on the medical records, your ratings and the information on the VA Form 21-2680 Just because a doctor fills out this form does not mean you will be awarded an SMC based on the form only. To get A&A you must be rated 100% (TDIU does not count toward Aid and attendance.) and have a clear need for aid and attendance To get Housebound you must have a 100% rating and a separate 60% rating or you must have an actual need for housebound ( TDIU meets the 100% requirement if it is based on one medical condition)
  10. All I can say is that in my experience I was originally rated Housebound @ 100% with a separate 60% rating , I believe if your service connected than all of the awards must also be service connected. Pension is really for someone who is disabled out side of VA ratings, and isn't getting much on Social security.... none of their disability would be rated under va, even though va will use the same va guidelines to determine Pension and housebound.
  11. Broncovet I believe they listed the information incorrectly and now you are now passing on bad information... The only time it does not have to be service connected is when a veteran is getting a pension, then he/she can also get housebound in addition to the pension and in that case the 60% would not have to be service connected. Do not trust Lawyer's pages for any reason, check the rules . regulations and laws at the va cite..... 0r http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.html Housebound Benefits (Category S) Special Monthly Compensation under Category S is given if the veteran has at least one condition rated 100% and one or both of the following: This Special Monthly Compensation is given INSTEAD of Special Monthly Compensation under Categories L throug
  12. Exactly why my claim has been appealed to the BVA and will go further if necessary.. Once I asked a VA Sleep doctor, why the VA did this, and he said he thinks when Sleep Apnea was first identified by name, that the VA just though it was a breathing disorder, so it seem to make sense to put the sleep clinic in the Pulmonary clinic, and call it a respiratory problem. His opinion may be correct, but the VA has had ample time to correct this, in fact last year they came up with "so called" new rules for sleep apnea to be service connected and this should have been discussed and changed then. Instead, they just ignore the Science.
  13. It is my understanding a VA doctor must provide a statement if asked for one .. see the attached VA Directive that as far as I know has not be revoked. VHA Directive 2000-029 VA doctor statements.pdf
  14. If the va loses this case, I am positive it will benefit a lot of veterans. I have a case right now that is on appeal requesting a separate 50% award for Sleep Apnea, where the VA has combined my ratings for COPD/Asthma and Sleep apnea into one rating. We all know that Sleep Apnea is a sleep disorder, not a lung disease, therefor there is no overlapping of the symptoms. The VA is the only entity in existence ( that I know off) that calls sleep apnea a lung disease.
  15. This doesn't explain why they will accept Medicare and not ChampVa....
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