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Richard1954
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Posts posted by Richard1954
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2 hours ago, Lonniebrinson said:
But according to 38 u.s.c 1114 it states " or if already entitled to an intermediate rate to the next higher intermediate rate". The sound like a 2nd bump up from L1/2 to M1/2.
No you are misunderstanding what it means. You will only get a bump to M with an extra 100%
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8 hours ago, Lonniebrinson said:
SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ?
NOI both cannnot be applied its one or the other. If you only have an additional 50% or higher rating you get L 1/2
If you have an additional 100% rating over the original 100% rating you will be bumped to M not to m 1/2
Basically your saying you were initially smc L 1/2 or P, Now you were granted SMC M or P2, thats it that is how it works
In my opinion, the rule is easy to understand. If you have not read the rules, take a look, if your confused the fact is 100% in additon to a 100% rating gets you M.
BY the way the second 100% cannot be a combined 100% it has to be a standalone rating.
I have been trying to gewt to M for years almost thought I had made it when I was awarded a temporary 100% for 5 months, but no has to be a permanent rating.
I have a single 100% rating and a combined 100% rating, I have had L 1/2 or P1 for years....
Actually if you read it carefully you get the impression that you would get a bump for every 50% or better that you have I have 3 60% ratings thinking I should be at M 1/2 but nope... they only count the first 50% or the first 100% for th bump to L 1/2 or M respectfully.
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2 hours ago, Mr cue said:
I would call white house hotline
You know I see this a lot , I even called the white house hot line myself recently about the cost of living and compensation, but I was really more interested to see
what it was all about. I lerned the white house hotline is not at the white house, and it is maned by the VA. Anyone who really thinks they are going to do anything
for you, well I have a bridge to sell. I don't care who you call or write. the answer you get is the same answer you would have gotten if you had just asked yourself. I
don't want to rain on you parade but I have had too much experience writing letters, asking for help etc... and more ofter than not the response would indicate that I
was the problem not the VA. I don't want to discourage you from making a call, that is your choice and if it works for you good, But really if it was so easy don't you
think we would all be doing it. After a few times you will see what I am talking about. Best of luck regardless
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4 hours ago, Steve C said:
Maybe I am reading more into it than I should,
A lot of these guys doing exams especially the ACE exams, are working from home . They don't care what day it is they just do the review that takes very little time. I had a situtation were I had an exam and then an ACE didn't make any sense to me but that is what they sometimes do. Just take a breather, and wait for the results because you may be getting all worked up for nothing.
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3 hours ago, Vync said:
The VA gave me a TENS unit
out for epidural pain injections in my spine,
Yes They gave me a tens unit too, but they are hit and miss, it helped for a while but then was rather useless, I was refered for spinal injections about 4 or 5 years ago at the VA. I went to the appointment, but in the end I refused the treatment because the doctor indicated that in my case he doubted injections would work. Honestly, I already receive steriod injections in my knees, and I am on oral steriods, I don't really want any more steriods, they just make me balloon up to the point that dieting seems to be a waste of time.
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4 hours ago, Lemuel said:
At BVA level you pay the lawyer from your back pay. At the Courts, if you win, the lawyer is paid by the VA.
you are correct, but I honestly think you have a hard battle.
I've been to both the BVA and the COVA. Did it myself and won my cases based on the original evidence.
I don't think it is hard, and I certainally don't think a lawyer is necessary, but i've been dealing with va claims since 1986, and I realize some veterans may not feel comfortable going to the court withour a lawyer. But that is what we all did did for years.
I have also had a case where medical opinions from Dr. Anise were ignored after the initial claim and upon review. The third time the claim was granted, and I did not even need the IMO according to the BVA.
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5 hours ago, Lemuel said:
That was what she was thinking--extra-schedular. She sent two items for extra-schedular review. One I requested--TDIU and the other tinnitus.
Again it has to go to the Washington DC office for any extraschedular rating, I am not saying you woun't get what you looking for, what I am saying is you have an uphill battle. Good luck....
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1 hour ago, USMCVMO said:
Does the VA value a chiropractors bedrest note?
That is a good question. The VA fairly recently started hiring chiropractors so they might honor a note from a chiropractor. But technically while we call them doctor, they are not MD's. If it were me I would take a shot and see, after all you have nothing to lose. Medical doctors are reluctant to give bed rest for back problems, chiropractors may be too. In fact, I believe the reason the VA put into the rating system prescribed bed rest was to limit the ratings for DDD.
In the last two years, I was prescribed bed rest for an eye problem, never saw it coming , and it did not help my ratings because with the eyes, a good ratings depend on haveing 7 or more trips to the eye doctor within a certain period of time. ( a year?)
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On 6/15/2022 at 10:08 AM, Tbird said:
I wonder what would happen if
I asked my counselor the same question, in fact I sent her a copy of the questions. she called me and told me that while she though they were asking for stuff that made no sence she indicated these are the types of questions that are always asked. She indicated the person doing the home study has the authority to ask any questions. Apparently the va doesn't have set questions. This is another example of what is wrong with the ILP . when veterans are not treated the same, from RO to RO. This has been a big problem with this program for a long time.
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On 6/18/2022 at 12:58 PM, USNDW said:
I immediately filed NOD to the VARO with an error because they combined 2 separate claims
The va does this all the time, if you filed on line, and then looked at the progress this information is on the top left. There is nothing unusual about this. The even combine two different disabilities into one rating . I don't agree with the later but they do it. Rater than appeal for them added combining two separate claims, you sould have considered the ratings given, review why they did it , and then consider requesting a higher rating depending on what and how they rated the two items.
I noted that your are rated 100% , I am curious what you based your request on for specially adaptive housing, because you must meet certain critera before the va will award adaptive housing.
Qualifying service-connected disabilities include:
The loss or loss of use of more than one limb
The loss or loss of use of a lower leg along with the residuals (lasting effects) of an organic (natural) disease or injury
Blindness in both eyes (with 20/200 visual acuity or less)
Certain severe burns
The loss, or loss of use, of one lower extremity (foot or leg) after September 11, 2001, which makes it so you can’t balance or walk without the help of braces, crutches, canes, or a wheelchair
Note: Only 120 Veterans and service members each fiscal year (FY) can qualify for a grant based on the loss of one extremity after September 11, 2001, as set by Congress. A fiscal year runs from October 1 through September 30. If you qualify for, but don’t receive, a grant in the current fiscal year because the cap has already been reached, you may be able to use this benefit in future years.
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On 6/10/2022 at 11:32 PM, 63Charlie said:
I will NOT appear at the court without counsel.
This is a job for a professional.
IF I happen to be successful at the CAVC, I should receive retroactive pay based upon eligibility for an earlier effective date of entitlement to SMC-S.
The va awards claims based on the date you applied for the disability. So while I cannot say if they will give you an earlier effective date of not, I would be surprised however if they do. Since the combined the ratings into one it would make sense that you would receiver the eairler date, but the va doesn't think that way.
Also this doesn't have to go to the court , this decision can be made at the local level. I certainly would try that first, because paying for a lawyer at the court if you win you wil be paing that lawyer a good part of your backpay.
Do you already receive SMC S? Either way I don't understand how an earlier date would qualify you for back pay for Housebound. What was housebound awarded on? The actual need or 100% pluse an extra 60%. rFrom what your saying Neither Menirers and tinnitis have anything to do with an increase in housebound.
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On 6/15/2022 at 6:09 PM, Lemuel said:
My BVA judge remanded to the Director, Compensations Services for consideration of a higher rating for tinnitus.
I fail to understand what the judge was thinking the VA does not award more than 10% for Tinnitis, If they do it would have to be extraschedular and that doesn't happen at the local level.
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On 6/15/2022 at 10:07 AM, deedub75 said:
they cancel the contract and list the house for $300,000.
i have seen this in the news. when you consider depending on location a sheet of plywood can cost $100 its any wonder anyone is building house.
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When I joined the Army in 1971, preexisting conditions were often overlooked ( with a wink of the eye). Once a recruit got pass the physical. he was good to go if he could last pass ninety days. After ninety days, he could then seek treatment for any issue, and it did not ring any bells. However in my day going on sickcall in basic was a no-no. The DI's would single you out for KP, guard duty or some other distasteful duty. I was a skinny, 6' 2" and 145 lb kid at 17. I had one DI that told the Mess Sgt to make sure I got extra rations, ( heck I could not eat all the food to begin with).
We had another kid that was 17 and he literally looked younger than 17. All the recruits gave him a hard time, calling him little boy,or mama's boy and other names. No one ever questioned my age, and I never mentioned my age, for fear they would give me a hard time. I tried to support the guy, but I never told him my secret either.
I knew of one guy that got in with asthma, apparently he had not had a problem for a long time before enlistment so he did not mention it. While in Basic he had some issues with exercise induced attacks and went on sick call. One DI in particular was cruel, learned of this guys asthma and started to harrasement him , he finally tried to convenience him to request a discharge. The guy hung in saying he had no place to go, and would not give up. He made it thru basic, and went on to become an Air Traffic Controller. He could not have had bad asthma, because he got into the Personal Reliability Program (PRP) , which I know required a special physical. After his first assignment, I don't know what became of him.
I am sure alot of guys got in with all kinds of problems, they needed troops to fight in vietnam, so they were not going to turn anyone away.
Before I even got thru Basic I was told to report to some officer ( I think he was a major) he told me I could not enlist for 2 years because I was only 17, he said only those 18 and above who could be drafted could enlist for 2 years. He told me I had to take the oath again this time for 3 years. I told him, not going to happen send me home, you won't give me the school I want, I am not giving you an extra year. He sent me back to my platoon, and I never heard another word.
Joining in 1971 basic was no picnic, and then they sent me to Infantry training at Fort Polk, Louisiana. I don't know which was worse, the heat or the training.
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I have been rated 60% for lower DDD ( L3-L4, L4-L5,L5-S1) , since 1999, and the VA then awarded me TDIU, because civil serviced forced me into a medical retirement, from a GS position. I have a lot of problems with my lower back, sciatica problems (both sides now) and drop foot. I have considered trying to get a new rating from the VA for this condition, but when I read the requirements for a 60% rating, ( prescribed bed rest), I am reluctant to file.
Also in 1999, sciatica was rated along with the dropfoot as part and parcal of the back injury, we didn't get sepaate ratings. I have no doubt that I could get separate ratings for my back, dropfoot and sciatica but a single 60% rating is better than 3 or 4 20% ratings when it comes to benefits, also my 60% rating in addition to my 100% rating gave me a half step up in A&A. and I am not going to take a chance on messing with that.
Vync is correct the VA screwed up when they rewrote the rules and now the court says that the thoracic/lumbar/sacral have to be rated as one. I don't understand that either, but it has something to do with the wording in the new ratings. ( I say new ratings, but they actually go back a few years now). Even if the segements are rated as one, its possible you could still get an increased rating.
You may benefit from a increase rating, I simply can't say. I agree that you need to read the requirements of the ratings, consider how you condition might be ratred and if you think you could benefit take a stab at a new claim. You were rated in 2000, so you will be rated under the same guidelines.
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Its a great feature....
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I don't know what the problem would be. I have submitted 6 claim between June 2021 and April 2022, and they were all rated and returned under in about 35 -40 days.
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48 minutes ago, Whodat said:
How many hours a week do you put in?
It depended on the unit, and the schedule, and the amount of people assigned
but on average we worked 12 hour shifts, 4 days a week, 48 hours off , and then switched to nights 12 hours a day ( this is working in a SCIF) this was the average cycle.
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On 6/13/2022 at 2:46 PM, Tbird said:
Caveat I cannot answer claims questions
Great! I have had my laugh for the day... thanks!
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I decied to start a thread so this would not be missed.....
It looks like the court decided against the veteran, 5-3
The invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error. We affirm the judgment of the Court of Appeals. It is so ordered
https://www.supremecourt.gov/opinions/21pdf/21-234_2b8e.pdf
Hate to say it but I was right, this was really denied becaue the majority did not want to open the VA up to thousands of CUE claims, read the decenting oipinion.
SMC for additional 50 & 100 percent evaluation under 38 cfr 3.50(f)(3) & (f)(4)
in SMC Special Monthly Compensation
Posted
@broncovet I agree this should be looked at because it raises so many questions. There is an attorney that uses this board quite offten ( his name excapes me) but he also felt that because of the way it reads it should mean each 50% or each 100% entitled the veteran to an additional step. But as I said before, it does not. You get one step increase period. I wish it wasn't so.