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Richard1954

Senior Chief Petty Officer
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Richard1954 last won the day on August 20

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About Richard1954

  • Rank
    E-7 Chief Petty Officer
  • Birthday 02/26/1954

Profile Information

  • Military Rank
    SFC Retired

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USA

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  1. Ron 1965, You should start a new thread..... as most people are not going to read this because of the age......
  2. Tricare and Champva are supplemental to Medicare already so I doubt it would change much for veterans or retirees....
  3. I have always advocated that if a veteran believes that he has a valid claim ( regardless if the veteran has a 100% rating) then the veteran should put the claim in.... but lately I am beginning to believe that depending on the medical issue it may just be an exercise that leads to more ratings but not additional compensation. While 10% ratings can add up it usually takes forever for them to make any difference in your overall rating. I know this to be a fact because I have a single 100% rating, I also have separate and distinct ratings that do combined to 100% , and a TDIU that once awarded is almost if never revoked. (Keep in mind the VA doesn't actually award any ratings over 100%) I also have A&A at L 1/2, and 1 K award.. aside from that ... none of my work has paid off in terms of additional compensation... so you really have to ask yourself if a bunch of 10% ratings are really worth your trouble. In my case I was awarded a 60%, 50%, 40% and 2- 10 % ratings after I had achieved a 100% rating., none of these additional ratings resulted in an increase in compensation or SMC. Now to the more important questions do you qualify for retirement or CRSC. I will assume that your service was in the Army... a medical discharge means that you had less than 30% from you service branch, otherwise you would have been retired.. I see you have a 100% rating for PTSD, which is unusual for someone with a medical discharge. The Congress required the Military branches to go back and review any medical discharges due to low ball rating on discharge that prevented medical retirements. The Army especially was good at giving the low ball ratings, I think you should request a re look at your discharge, it could be changed to a medical retirement which would lead to monthly retirement pay, medical care under tricare, and all the other benefits you had on active duty. As to CRSC, you must first be retired from service than if you have any medical condition that was a result of war or instrument of war you would qualify for CRSC. If your PTSD or any of your other injuries were caused as a result of war you would qualify for CRSC. You have to apply directly to your branch of service. If any of your injuries were occurred because of a military vehicle accident out side of war, this would be considered an instrument of war and you could qualify for CRSC based on this alone. Again, to qualify for CRSC you must first be entitled to military retirement pay. Severance pay does not count. A&A is based on the actual need of assistance from another person... if you need assistance you could qualify for A&A without any additional compensation as A&A does not even require a 100% rating. Of course with a request for A&A comes another C/P exam , unless you have a doctor willing to fill out the application for A&A then its likely you would not need another C/P. You would have to show loss of or loss of use for a hand, leg or ankle before you would qualify for SMC's based on these issues. Normally, Loss of use is decided at the same time a rating is awarded for these types of injuries, because you show 10% rating for these injuries it is doubtful that you qualify for SMC due to these specific injuries, but its possible to get an increased rating that might lead to loss of use at a later date. The back is the hardest to get an increase because it requires you to show bed rest prescribed by a doctor over a number of weeks or it is rated on limitation of movement . Most back ratings are decided based on limitation of movement. But again, you can request an increase and see were it leads. In my case, I started with a 10% rating for my back, got an increase at 40% and then another at 60%... but I was rated under the older rating guidelines, and i did not have to show bed rest... so my case may not be a good example..... If you decide to apply for increases, work on getting service connection first... the percentages will fall into place and can always be appealed later....but you should have a good idea of what you might be rated at first before you open the claim.. as I indicated above 10% ratings don't help generally speaking.. while they do add up .. in my case they did not help much ( I have 8 - 10% rating) I hope my explanations will help you to make some decisions.
  4. Just did mine which would normally renew in Jan Thanks
  5. Let me add a few words... I was rated in 2016 for my TBI.. my exam consisted of: 1. being asked questions about memory, 2. draw a simple picture from memory ( after examiner showed the picture ) 3. Questions about head aches.... It was really a very easy exam Lately I did have an exam for my eyes... at the local VA.. when I tried to get the C/p results , there is a note saying it is blocked from my receipt for 30 day.... in the pat the c/p exam was available in 3 days.. BY the way I received an increase in my eye disability from 30% to 60% .. it took the va 3 working days after the exam to make the award.
  6. If your conditions are already rated you could receive an increase... it doesn't matter what caused the additional problems... But if your have new injuries because of the accident, its very unlikely you can get them service connected... In my case I was thrown from a moving jeep and injured my back among other medical issues, I was awarded 10% in 1986.. in April 1999, I received an increase to 40%... then one day I was helping my son rotate his tires and my back locked up literally... I could not move... In Nov 1999, I was awarded 60% and TDIU for my back.... So as I said., if your already service connected it will not matter what causes a re-injury .......
  7. I was rated for a TBI from an in service injury in 2016... the injury happened in 1975.... I did have the active duty medical records and more recent CT scans and xrays that showed Encephalomalacia to the left frontal pole ... this was all I really needed for a 40% rating.... In addition , my neck, back and possibly my left eye was damaged in the same incident. so my medical records were quite specific... I never requested a rating for my neck, but I do have a 60% rating on my back and 60% rating on my eye that was just increased from 30%. It sounds like you do not have the medical records concerning the TBI.... so my next question did this happen in the War theater .... if so you may not need the medical records..... I would recommend you request a examination to include CT or x-rays.... before you submit a claim. if you have an injury to the brain and have permanent damage the CT and x-rays will confirm it , and this would go a long way to help you prove your claim, along with your buddy statements, and a doctors opinion..... I can tell you that if you can show a TBI injury ... and residuals of such injury the actual c/p exam is perhaps one of the easier exams because the exam only consist of oral questions and your oral answers. Anything under a 40% rating is considered a low ball rating.... Best of luck
  8. I am not sure I understand what you are asking for... It looks like you are wanting automobile adaptive equipment... First of all your already 100% so I am not sure what you looking for an additional 40% for., I am not saying you should not put in a claim... I just don't understand the question. I am attaching the handbook for automobile adaptive equipment.... you have to be rated for specific disabilities to get auto adaptive equipment.... take a look at all the conditions for adaptive equipment... keep in mind you don't need a specific % to get the auto adaptive equipment.. you just have to be rated for a condition. Hope this helps if not try to be more specific with your question and I or someone else will do our best to answer the questions. Handbook 1173.4 Automobile Adaptive Equipment Program.pdf
  9. And what does an A.H. sound like.? And your a Moderator.... If I had said this I suspect I would of been tossed off the board.... The problem with you is you don't like to be wrong so you resort to name calling... I know 99% of the time what I am talking about...why Because I was trained as a service officer and helped veterans for many years after I retired from Federal Service. This is not the fist time you have thrown veiled insults my way .... and I don't appreciate it. You said I was not accurate... and then you quote a Opinion Precedence that was withdrawn because of the Bradley V Peake decision....I suggest you check your facts before you go off on someone... I did not insult you in any way .... I just said you were incorrect .. after you told me I was not accurate... seems to be you should look in the mirror before you insult people... As I have said a few times before I don't need this kind of garbage Tbird.... thanks for allowing me into your home.. but your children are rude... I think its time for me to utilize my time in better way Please delete my account.
  10. Actually you are incorrect... VAOPGCPREC 6-1999 Withdrawn VAOPGCPREC 6-99 is withdrawn in light of the subsequent decision of the Court of Appeals for Veterans Claims in Bradley v. Peake, 22 Vet. App. 280 (2010). In VAOPGCPREC 6-99, we explained that section 1114(s) excludes total disability based upon individual unemployability (TDIU) as a basis for establishing a total rating under that section because a TDIU rating takes into account all of a Veteran's service-connected disabilities and that, therefore, considering a TDIU rating and a schedular rating in determining eligibility for SMC would conflict with the statutory requirement for “additional” disability of 60 percent or more by counting the same disability twice. The exclusion of TDIU as a basis for satisfying the total-rating requirement under section 1114(s) holds true in the specific circumstance where a disability relied upon in establishing the TDIU rating would also be relied upon, at least in part, in meeting the statutory requirement for “additional” disability of 60 percent or more. In such a case, consideration of a TDIU rating for purposes of awarding SMC would result in duplicate counting of a disability in awarding additional; compensation. However, the Veterans Court found there are other circumstances in which a TDIU rating may satisfy the total-rating requirement without resulting in duplicate counting of a disability. The court concluded that it is possible for a Veteran to be awarded TDIU based on a single disability and receive schedular disability ratings for other conditions. Under that circumstance, the court concluded there would be no duplicate counting of disabilities in awarding SMC based on the TDIU rating and schedular rating(s) and read the General Counsel opinion as not barring the TDIU rating where the same disability need not be counted twice, i.e., as a basis for TDIU and as a separate disability rated 60-percent or more disabling. Furthermore, the logic of Bradley suggests that if a Veteran has a schedular total rating for a particular service-connected disability and subsequently claims TDIU for a separate disability, VA must consider the TDIU claim despite the existence of the schedular total rating and award SMC under section 114(s) if VA finds the separate disability supports a TDIU rating independent of the other 100-percent disability rating. This would directly conflict with the holdings of VAOPGCPREC 6-99. Effective Date: November 4, 2009 Dated: March 4, 2010. By Direction of the Secretary. Will A. Gunn, General Counsel. [FR Doc. 2010-5008 Filed 3-9-10; 8:45 am]
  11. Bradley v Peak made it is possible to be rated 100% and still get awarded TDIU.... Bradley v Peak held that the VA has an obligation to maximize ratings so the the veteran can receive the highest compensation possible. The Court also held that a TDIU rating based on a single disability may satisfy the statutory requirement for a total rating for entitlement to SMC at the (s) rate. It found that the phrase “a service-connected disability rated as total” contains no restriction to a total schedular rating and no exclusion of other total ratings, such as TDIU. The Court noted that restrictive language precluding a TDIU evaluation from satisfying the “total” requirement of section 1114(s) was dropped from the implementing regulation, 38 C.F.R. § 3.350(i), in 1995 following a General Counsel opinion that held that section 1114(s) did not authorize such a restriction. In considering the circumstances of the veteran’s case, the Court indicated that a TDIU rating for PTSD alone would entitle the veteran to SMC benefits. Thus, VA should have assessed whether the TDIU rating was warranted on the basis of PTSD alone before substituting a combined total rating for his TDIU rating, as a finding that the veteran’s PTSD is sufficient, on its own, to warrant a TDIU rating, would mean that the veteran is also entitled to SMC. The Court vacated and remanded the issue for the Board to consider whether the veteran is entitled to a total rating based upon PTSD alone to determine if entitlement to SMC at the (s) rate is in order. So requesting a TDIU rating when a veteran has a 100% rating is not automatically moot.
  12. 1. Are your asking if you can be rated under TDIU and get additional compensation? The only way that you could get additional compensation under TDIU is to have one disability that is rated at least 60% that causes you not to be employed , and in addition have a separate disability rated 60% which could get you SMC S commonly known as housebound... But it would be very usual for that to happen when you are already rated 100% scheduler. 2. If your not referring to TDIU but instead mean that you can't work and want more compensation while being rated 100%, I guess you are referring to special monthly compensation (SMC) you would have to show that you are housebound or need aid and attendance. or you would have to be rated with loss of use... But I am guessing at what your actual question is....
  13. I have some very poor opinions of VSO's myself, that is not to say they are all bad.. but too many are bad, and they are seriously overworked which doesn't help. With that said... No one cares about your claim except you and your spouse... In my opinion, you need to work your own claim. If you can read and understand the rating guidelines for your medical condition, If you can read and understand the claims process, and if you can read your medical records you can work your own claim with minimum help. So now you have a denial.. you have to look at the reason for denial, which will likely say something like you medical records don't show that you should be increased to a higher rating or there is no current diagnoses, or your condition was not shown in service.... In any case, read the denial and then look at the evidence they used for the denial. Its not rocket science, did they misunderstand the evidence, or are they correct in the denial. Its that easy. If you sincerely feel the denial is not justified, then you have a few opinions. 1. Appeal the case, telling the va why the denial is not justified, did the C/P examiner leave out important information that would help your Case? If so document the errors. 2. Appeal with an Independent Medical Opinion ( cost $1500 on average) make sure the opinion indicates that a review of all your medical records was conducted, and it also needs to show clear medical rational for teh opinion, you want the statement " it is at least as likely as not" or, it is more likely than not" in the statement. You have to address the reason for the denial with sound evidence....
  14. Each case is different. Research that I have done indicates that this is possible for a person with an injury to a lower limb , can in time cause damage to a knee or lower back, but it is the limp that would be caused by the lower limb injury, that actually causes damage to a knee or back. And, it would take years for the limp to do damage to the back or knees. With that said, I am not an expert. I have attached a couple of discussion papers that talk about "Limping and back pain" and "symptoms in the opposite or uninjured leg". These papers were generated by the Canadian Government concerning workplace place and Insurance appeals. The are created to prove or discredit such conditions. The are very informative. If your Independent Medical opinion (IMO) indicated that it is more likely than not that your back and Knee injury was caused by your ankle injury, and the opinion explains sound medical principles to justify the opinion, and the VA ignores this opinion, you may have a CUE claim . The VA is required to weight the evidence and when there are two separate opinions one for and one against the claim the VA is required under normal circumstances to give the benefit of doubt to the Veteran. However, if the independent medical opinion fails to state that all of your medical records were reviewed, or if the examiner fails to justify his opinion with sound medical principles, the VA can deny the claim. Your denial should explain why the claim was denied. To win such a claim, you have to show that the IMO was sound, and you may also have to show that the C/P examiner made errors or omitted facts that would help you claim. Basically, you have to pick apart the C/P examiners report. Recently, I had a claim that was denied concerning my left knee. I had an IMO, that was justified medically and the VA and C/P examiner chose to ignore it. I won my case on appeal because I was able to show factual bias on the C/P examiners part, that she also failed to document valid information that would help my claim, and that she falsified her reference when trying to justify her claim, ( she actually reworded a sentence in a document that she used as medical reference to deny my claim). In addition, I won a new C/P claim during the process and the second examiner agreed with the IMO. My IMO was written by Dr. Anise who can be found if you google his name with medical statement in the search. The attached documents may help you to over come the denials. ( By the way I learned about these documents because in my case the examiner quoted a non existing line in one of them) symptoms in the opposite or uninjured leg.pdf Limping and Back Pain.pdf
  15. . SMC L1 is the basic rate for Aid and Attendance,.in addition Because you have at least a separate 50% rating you were bumped up a half step, Which is called P 1, or on the pay charts its called L 1/2 , Because you have loss of 3 three extremities you were bumped to the M level of compensation. You do not get 3 different payments, you get the payment listed under M. Plus the K award . If you have dependents you get more than the basic M. The pay chart is easy to understand https://www.benefits.va.gov/COMPENSATION/resources_comp02.asp See the PVA attached guide its a little old but explains it a lot easier than other guides. 864394073_PVAGuidetoSMCs.pdf
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