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Richard1954
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Posts posted by Richard1954
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Well today, I get a "do over" C/P exam for arthritis of my left knee. I discredited the previous c/p examiners medical report. Ironically,
she was the same examiner who did a c/p exam for my right knee and I got a raise on the arthritis. She claimed my left
knee was worse than my right knee when we spoke, in the end I was awarded service conection for the left knee arthritis,
but the way it was done was weird. The rater combined it with my service connected rating of 2016 under 5260, limited flexion w/torn meniscus
It should have been rated separately under 5257 even if it was rated at 0%. which apparently is what they did when combining
it to a previous rating and not awarding an increase.
I know in the grand sceme of things even a 20% rating will not move the needle for compensation, but I believe the VA should rate veterans for all service connected issues
regardless of the rating or if it will increase compensation or not. For me its also about the recognition or acknowledgement that my service to the country
caused me great hard to my body. I get anxiety when it comes to C/P exams, I never sleep well the night before, and I get the dry heaves when ever I have one of these exams.
I know what to expect, but I still have adverse reactions before the exam.
I hope it goes well.
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While this was posted in 2020, its still revelant today.. and just look at those rates, in 1974, 100% was $584, when I got my TDIU in 1999 it was $2036... then I look at todays rates, and my opinion is verified, VA compensation still lags behind the actual lost earning power of most vets.... Its hard for most vets to live on todays rate, image how much worse it was back in 1974... I would like to see rates back to 1954, not that would be real interesting . Thanks for the infor Tbird.
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I am glad VA decided to make it eaiser for some veterans to get insurance, Unfornatuly for those of us old timers ( 60 and above) the rates are no better than if you just purchase a private garantee excepted policy in the private sector. I'll be 69 In Feb see my rates below, depending on if I buy 10 , 20, 30 or 40K of insurance. I have $30K of va disabled vet insurance now, That used to be the max, I found out later that I could have purchasaed $40K but by the time I found out, the va would not sell it to me because of my age.
Frankly these policies are no different than the private sector policies for garantee acceptance, and most private sector policys also have a two year waiting period for full benefits. I don't want to be negative, but for most of us over 60, the rates are very high ( as in the private sector), I don't see any benefit for veterans to purchase these policies, because they can get better rates in the private sector. I will just hang on to my VA disabled life insurance, why would anyone start over again anyway.
The VA should not only offer insurance, but the insurance should be affordable for all ages. When you consider all the money our government gives away to other countries, and recently gave away, billions of dollors under the forgive college debt program, VA could do better for vets in this area.
I have a private policy guartee life policy right now, its for $12K for $79.00 monthly, that I purchased just two years ago...Of course I have other policies, like my federal life insurance from when I worked, and full life policies I purchased when I was young. the $12K I mentioned, was purchased to cover my furneral cost only
Like always thats my two cents, the way things are going , I might not be able to afford the two cents, so next time I'll put it on my account... ( yea on account I have no money)
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$74.40 $148.80 $223.20 $297.60 -
3 minutes ago, allansc2005 said:
Richard, do you have SMC-R?
No I do not . I have 4 SMC's but not R..
There are different qualifications for each SMC, but they are all basically granted the same way which is usually in conjection with an adjudicated claim.
Belolw are how someone would qualify for SMC R:
Special Monthly Compensation Level R: Aid and Attendance
To qualify for Special Monthly Compensation under Level R, a veteran must:
Qualify for SMC under Level O OR under Levels N ½ and K together
AND
Require the help of another person every day (aid and attendance) to perform the majority of the following tasks
Dressing and undressing
Cleaning and grooming
Eating
Using the restroom
Adjusting prosthetic or orthopedic appliances frequently (that is, appliances that most people could adjust on their own)
A veteran can also qualify if:
His/Her disability (mental or physical) requires that another person regularly helps to keep him/her from harming himself/herself or others.
OR
He/she is bedridden. That is, his/her condition is severe enough that it requires him/her to always be in bed. This rule does not apply if the veteran chooses to remain in bed or if a doctor prescribes a period of bed rest.
Level R compensation is not given if the individual is hospitalized or in a care institution, only if they are being cared for at home.
Special Monthly Compensation Level R1 vs. Level R2
There are two different levels of Level R (R1 and R2), depending on the level of care needed.
Level R1 is given if the aid and attendance needed can be performed by a non-professional, like a family member or friend.
Level R2 is given if the aid and attendance must be provided by a licensed medical professional or someone working on behalf of a licensed medical professional. To qualify for R2, VA must judge that the veteran would have to be hospitalized or put in a nursing home (or other institution) if he/she did not have professional care at home.
SMC under Level R, whether R1 or R2, is paid instead of any other compensation for any other condition (except for a separate condition under Level K). If you qualify for Level R, you will not receive any other disability pay from the VA, including for regular VA disability ratings.
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Thanks for the good information.
What I did was make a" Survivor Benefits Book" , In this book I placed copies of all the important documents, ie marrage certificate, DD214 etc.
I wrote a page of were to find things; Ie; Private insurance papers in safe, file #3, or VA insurance information in Safe file #6
I completed all survivor benefits forms, with the exception of the dates, and cause of death
I provided a listing of what the VA will pay each month, what SS will pay, my anunities etc.
I provided a listing of all insurance policys what they are worth and were they are located
I wrote down my wishes for my burial, what I want on the headstone ( VA lets you design you headstone to a point), where I want to be buried, and even those who should be invited
I also left evenlopes for my daughter and son, saying special things, telling them how proud I am to have been their father and stuff like that...( working on the same for my grandchildren)
We never know when we are going so we have to prepare and educate our spouse, before we go.. I for sure did not want to leave my wife wondering what next, and how to get things done.
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I applyed for the program the minute it became available for pre 911 vets, since my wife is my caregiver, ( the only thing I don't neded help with is typing and thinking) The va asked a lot of personal questions, and made my wife very uncomfortable, because of this I withdrew the application. I think it a great program overall, but when they start asking questions about personal things, ( and this goes into your medical records for all to see) you just have to cut the cord.
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There is nothing unusual about this award, the VA has been doing this since Bradley V Peake ( TDIU & 60 = SMC S or Housebound)
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On 5/3/2022 at 9:25 AM, allansc2005 said:
Does this PCAFC program automatically qualify the veteran for SMC-R,
No being in the program is not automatic for any smc.
SMC are supposted to be granted automatically when the va becames aware that the veteran qualifies for the SMC.
SMC rating are normally given during the process of adjudication of a claim. as a example:
veteran puts in claim for dropfoot, he gets 40% rating and is awarded SMC K
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Vync your on the money!This is what the rules say about K awards for the Eye : (o top the bottom )- (4) Eye. Loss of use or blindness of one eye, having only light perception,
The way I read this means I am entitled to the K award for loss of use, The va continues to deny saying loss of use is blindness, and while that would be true, why doesn't 3.350 say loss of use is blindness, instead it say loss of use or blindness. Factually you can have Loss of use of an eye and not be blind, ( while my left eye is 20/200 legally blind), but VA doesn't care about this, they rate most eye conditions base on the good eye. I do not have a lens, I had an IOL since 2008, but it was rubbing on the iris, causeing bleeding, and gloucoma so it had to be removed. Doctors will not insert another lens, because I would likey have the same problem, after 5 eye surgeries, I don't want another one anyway. When tested , I have count fingers at 2 feet, which means if something is two feet or closer than I can see the shape, ( as long as there is light behind the object) but that is it. I still cannot read or do anything else with the eye because with out a lens every thing is blured. The word or is used to connect different possibilities such as:
Are you listening to me or not?So how can the va continue to deny a K award for my eye ? Am I missing something?§ 3.350 Special monthly compensation ratings.The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114.
(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).
(1) Creative organ.
(i) Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Loss of use of one testicle will be established when examination by a board finds that:
(a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or
(b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or
(c) If neither of the conditions (a) or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa.
(ii) When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted.
(iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. If, however, the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service, it will support authorization of the benefit. When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences.
(iv) Atrophy resulting from mumps followed by orchitis in service is service connected. Since atrophy is usually perceptible within 1 to 6 months after infection subsides, an examination more than 6 months after the subsidence of orchitis demonstrating a normal genitourinary system will be considered in determining rebuttal of service incurrence of atrophy later demonstrated. Mumps not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the purpose of authorizing the benefit.
(2) Foot and hand.
(i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:
(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.
(b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.
(3) Both buttocks.
(i) Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). The assistance may be done by the person's own hands or arms, and, in the matter of postural stability, by a special appliance.
(Authority: 38 U.S.C. 1114(k))(ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. 1114(k) for loss of use of both buttocks where appropriate tests clearly substantiate that there is such additional loss.
(4) Eye. Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility.
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I lived in NC until 2003, I lived there when I was awarded the adapted housing grant. I even spoke to a state represenative when he came to a dav meeting about tax exemptions for veterans, and he said he would look in to it , and that was all he did. At that time the state was allowing exemptions of $50,000 for those who had been awarded the adaptive housing grant ($50,000 was all we got for the grant back then that is why it was limited.) I left NC and moved back to Texas, I really didn't want to live in Texas again, but I could do more with my money here. In 2003 when I moved here I purchased an 1800 SF home with 2 car attached garage, for $76,000, I sold it for $105, 2 years later. I live in anoter house now, but that house ( just down the street) Sold for $250,00 about 2 years ago. The house I live in now, was $150 K 9 years ago, today its value is $300K . I can't believe the cost of homes have increased so much and its really only been in the last two years. In Texas we have some good benefits, those rated 100% or TDIU pay no property tax, those 90% and under pay a tax, but the amout depends on the va rating, all DV's get some kind of exemption. I also get a free drivers license, 1 set of free plates, a free fishing license, and free parking at government parking lots. All veterans rated 50% or more were getting the free DV plate. If you wanted the ISA on the plate, you had to prove you had a disability that limited your mobility. Everywhere you looked there were so many DV plates, and it was almost impossible to get a handicap parking space. Things were so bad that the VA Hospitals asked the state to change the law, because there were not enough handicap parking spaces to go around. The law was finally change to say you could only park in handicap if you did not have the ISA on the plate ,or a placard in the window. Parking is much better now. In most states I lived in NC, Georgia, SC, Mass. you had to be rated 100% to get a DV plate. Ironically, a vet in Texas gets a 50-% rating because he has sleep apnea, ane he gets a free dv plate. Texas for the most part is liberal when it comes to veteran benefits. But the cost of living has really gone up here. Ironically, no one can afford a house anymore, what happened China started investing in single family houses, and in Oklahoma they are buying up the family farms. We tried to downsize and finally after 15 months we gave up. Every time we found a nice house, some invester would come in behind us and offer $10 -20K above the asking price. I expect the housing bubble to bust anyday, actually I hope it does, and it will leave all those investors in a real pinch, and then maybe us old folks can down size. I mentioned before I am better off than most DV, becaue I get a Civil Service retirement check, CRSC ( in iieu of my Army retirement), SS and my VA check which is larger than most vets rated 100%, because I get a few SMC's. In reality, I am not rich, I spoil my grandchildren we live confortable, and we have no wants, every two years I get a new ramp van, and my wife gets a new van. But this inflation is a real problem, this is the year we were scheduled to get new vehicles, it may not happen. Anyway , I have always said the government needs ot actually increas compensation rates. As someone else said, if all I had as income was my va check, we would be living paychek to paycheck. The cost of living is getting so high that it doesn't matter what state we live in anymore, Texas or Massachusetts its all the same now, except some states don't give tax exemptons to veterans, so we will stay put. ( Hell I am to old to move anyway)
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On 5/26/2022 at 11:40 AM, Bucker said:
I wonder if there is a way to submit positive feedback about an examiner?
Once you get a copy of the exam, and if you like what the examiner said, you could write him a letter of thanks thru the va medical center, or the private business where the exam was scheduled and conducted.
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57 minutes ago, brokensoldier244th said:
You don't need a lawyer for a K award.
Your reading things that I did not say.... so let me be clear....
At the time of the original damage to my eye, 2008 I filed an 1151 claim and hired a lawyer. The government lawyers would not settle, so I was ready to go to court, but the lawyer I hired to help me with the 1151 ( its really a malpractice suit), said since the governmenbt lawyers wouild not settle out of court, that he felt they were not worried about it going to court, meaning he thought they were going to win. My lawyer quit, and I told him , " sure your willing to take easy money, but the minute you have to work you quit."
The lawyer told me since the eye condition was caused by steriods used for my lung condition, I should just claim service connection. Well he did not understand that while I could claim secondary to my lung condition it would not put any money in my pocket. The reason for an 1151, was because of malpractice. I had hoped to make the government to pay big money for the damage to my eye. In the end, I filed a seconday claim and was awarded 30%, since then its been increased to 60%. After the final surgery completed by the VA in Nov 2000. I filed a new claim for two things, 1. A temporary 100% rating during the recovery period after the eye surgery, after appeal I was awarded a temporary 100% for 5 months, at the time I filed for the temporary 100% I thought that it wouild boost my A&A up to the next step which would be A&A at Step M. However, I was disappointed to learn that a temporary 100% rating when your already rated 100% will not net the veteran a single dime nor amount to an increase step for an SMC. 2. I requested a award for loss of use of the eye, since I no longer have a lens,, and my eye is so damaged that surgerons refuse to do another surgery, ( I don't want another surgery either). Anyway a K award for and eye can be awarded if the veteran has loss of use or blindness. The VA keeps denying the claim saying loss of use is blindness. The VA has decided to ignore the wording of the rule, and continue to deny me a K award for loss of use. Today my claim when to the BOVA, I am not hopeful that the BOVA's will grant my claim. But I vow that I will take it all the way to the Federal courts if I have to. All I really want is for the VA to recognize that VA doctors after five surgeries could not correct the problem, that they created in 2008. That's what I I was referring to in my last entry. to be sure I WAS NOT TRYING TO HIRE A LAWYER TO GET A K AWARD.
I honestly don't understand why you responded the way you did, but anyway ......
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Facutally, it is almost impossibe to get a lawyer to take on the VA in an 1151 claim. I tried in 2008 when the va screwed up my left eye. My lawyer said because the Government lawyers would not make a deal, it usually means that they arn't worried about losing in court. The lawyer I had droped my case. I told him, sure if you can get easy money why not, but the minute you have to work for pay you drop out, leaving me to wonder what to do next.
He told me because the condition that caused me to require surgery was secondary to my lung disease, I should have just filed a claim for secondary conditions. I told him sure I can do that, but since I am already 100% no matter how the va rates it, I will never receive a penny, and thats just no right. Since then I have had 4 more surgeries, the last one was to remove the IOL completly. Sure I ended up with a 60% rating, but what good did it do for me? Not a darn thing. I figure If I can get the BVA or the court to look at my case I should at least get a K award for lose of use, of the eye. After all $118.00 more a month will not give me my sight back, but its really not about the money in this case, its about making the VA understand that this was advoidable, and that they screwed up, they should accept the responsiblity for it.
Any way to the original question: Anyone know of a case were service connection was awarded because of a drug prescribed for a non-service connected condition. I cannot find anything on it, and my son's friend asked me this question. I don't like not having an answer, but I don't think is possible, still the VA will surprise us from time to time.
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On 5/31/2022 at 1:45 PM, Whodat said:
Well the VA will try anything for a denial. I have the scripts and also SC conditions that can cause Ed but was denied because of my age and that I smoke. I did not start smoking until after I joined the service and after redeployment from Desert Storm.
I don't see how they can deny it for either reason, smoking is not against the law, and its not like taking illegal drugs, and it is illegal for the va to deny a claim based on age. In fact no claim can be denied based on age because the law says that cannot consider age as a factor in any case.
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Also, consider if the Gerd is seconday to a service connected condition. Usually, medications for service connected conditions will cause gerd.
- Vync and Carl the Engineer
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4 hours ago, Whodat said:
I had got denied ed due to my age. I am still fighting. I see men older than me that are getting it.
This would be an illegal denial. .The VA CANNOT consider age when adjudicating any claim.
I am 68 and I was awarded service connection with nothing in my medical record except a recent perscription ( Apr 2022) for ED Drug that I will never use,
Frankly, my COPD prevents me from most phycical activities. I only requested service connection for the K award, otherwise why bother since its an automatic 0% rating.
You should look at the denial you received, and if it was denied because of age, Submit a CUE claim, because no matter when it was denied this is just wrong.
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I am taking some medications for non-service connected conditions. I have heard that sometimes a veteran can be service connected for conditions that become worse or are a result of a medication used
for non-service connected conditions. I have not been able to find anything in my research to confirm this. Does anyone have any ideas, or can anyone point me in a direction that will comfirm this opr shed
some light on the subject.
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Scheduling exams to meet the veteran's need should be the only requirement. I doubt anyone really cares what the vetean thinks. The VA doesn't want the responsibility of C/P exams anymore so the contract most out. The contractors do not care as much as some VA doctor might. The VA never told me I could only reschedule an appointment one time, and the contractors likely don't have such a requirement either, they just say they do. Personally, I would rather go to the Local VA for a C/P exam for to reasons, the distance, and its eaiser to get a copy of the exam. The va is usually closer to my home. Contractors have told me they don't have anything available except an appointment located 150 miles ( one way) other times its 75 Miles one way. I tell these contractors if you cannot find me an appointment within a 30 minute drive, call me back when you can. The main thing is to make sure you show up or cancel the appointment and reschedule it. If you don't show up the va can and will in most cases, decided the claim on what is in the medical record. Complaining may make you feel better, but it won't accomplish anything in the end. And the terrible reinbursement rate for miles driven has never been realistic, its worse now because of the cost of gas. Anyway we have to pick our fights, and this is one area, where I don't think fighting accomplishes anything.
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I can not speak to the honesty or dishonest of c/p exams conducted by contractors. I can say that I had one claim approved after a c/p exam conducted by a contractor, the original examiner was a N/P who worked for the VA and she was totally dishonest in fact I proved she outright lied, and should never do C/P claims again. Other experiences with contracted examiners concerned the damage done to my eye in 2008, and a recent surgery ( Nov 2018) where I continue to request a K award for loss of use of the eye. Having requested copies of these exams ( there were 3 ) since Nov 2018 and to day I have not been able to get a copy. During one exam the examiner actuially did say I was not blind, but she did not address loss of use, in fact she told me she could not tell me anything, and I told her, she can't tell me her opinion concerning the exam, but that she owed me an opinion concerning the eye itself. That was a waste of my time. I continue to appeal based on the reading of title 38 and the reasons for giving a K award for eyes, which states " loss of use or Blindness", the va continues to state, ( just got another denial today) that loss of use is blindness, but I am convienced that if the VA wanted to say to get a K award title 38 ould say "loss of use is blindness" . There is a reason they said " Or" , in title 38, which generally means there are two or more choices or reasons for the K award in this case. I argued with one eye examiner in early 2021, when he said I could not get a 60% rating, and I did. Frankly, I do not trust any examiner, I have had many tell me I should get an increase and then the denial comes. You have to be proactive in all exams, you have to present your worse case and not the good day. Don't jump up on exam tables, if you have a bad back or knees. Don't forget to wear a brace prescribed by your doctors, don't tell them your not taking your medications, and don't give information unless it is asked for or unless you think the examiner missed something. Above all, do not argue with the examiner, ( unless they lie to your or call you a liar). If the examiner does not do the job correctly, you can ( if you ever get a copy of the exam) destroy the examiners opinion, and if they left something out, you can also dispute the facts with proof. ( such as a recently exam for my left knee, the examiner failed to mention I was wearing a AFO, in fact, she said I had no loss of use, ( well if your wearing an AFO its very likely you have loss of use, not always but likely due to foot drop.) Do not cancel or miss an examination, the va can and will rate you without the benefit of an exam. Try to get a nexus before the c/p exam and that way your not stuck with a government paid for opinion which can be negative. Also any examining official can be good or bad, it has nothing to do with contractors, or va employees. The problem of not getting a copy of the c/p exam is real when it comes to contractor exams. Also, you have to keep the claim alive any way you can until you see the c/p exam report, this is to protect the effective date of the claim.
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On 5/26/2022 at 9:47 AM, asdf said:
Whodat: I can see my exams through a VSO with VBMS access
This is only true after 30 days have elasped, and only after you have requested a copy of the exam in writing.
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About two weeks ago I was granted service connection for ED, but the rating did not say one thing about a K award. I prefected an appeal and requested a K award it was mailed on 23 May. Well I just looked at ebenefits - under addition Benefits and look what it says, see the last entry. So it looks like they just took their time before listing it in ebenfits, but again nothing in the award letter mentions it. I Love it when a plan comes together !
You are receiving the following compensationsLearn More
SMC (K-1)Effective Date :
Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of one foot from 09/27/1998.
Rating Date : 05/19/2022
SMC (L-1)Effective Date : 01/31/2007
Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 01/31/2007.
Rating Date : 05/19/2022
SMC (P-1)Effective Date : 01/31/2007
Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of entitlement to the rate equal to subsection (l) with additional disability, low back strain with degenerative disc disease with left foot drop independently ratable at 50 percent or more from 01/31/2007.
Rating Date : 05/19/2022
SMC (K-1)Effective Date : 04/21/2022
Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ from 04/21/2022.
Rating Date : 05/19/2022
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When I claimed CUE on my TDIU claim awarded in 1999, where I was not awarded Housebound, they had just issued VAOPGCPREC 6–99 which wouild not allow Housebound with TDIU. Wne bradley v peak was decided the court said VAOPGCPREC 6–99 was wrong and needed to be withdrawn and it was. Ironically, the court cited another General Counsle opinion of 1994, ( if I remember correctly) and said this opinion was correct, so the va had two general counsel opinions in contradiction with each other so the good one from 1994 was ignored and they were applying the 1999 opinion. When the BVA denied my CUE claim they said they it was not a cue since the laws and rules in effect ( in 1999) at the time of my award were the basis of them not awarding the Housebound, This is exactly what the SCOTUS is looking at in this case, IE: the laws and rules that were in effect at that time... if the court throws this out as lame, it will open the door to thousands of CUE claims just for Bradley v Peak, and mine will be one of the first, I just have to dust off my claim and resubmit it. That would be 8 years of back pay.. wouldn't that be nice,. And it is becaue of this that I think the court will rule against the veteran, but if they do its a terrible reason to deny it, because the VA has illegally denied these claims for years.
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Interesting and this addressed the same issue in Bradley V Peake how could the rater screw this up.....
The va is required to consider SMC's each time they rate a claim, many raters don't.
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On 5/22/2022 at 1:58 PM, Mr cue said:
Everybody understand that the VA only grants smc s when a veteran is 100plus 60.
Thats only true of housebound, But there are other SMC's that do not require a 100% rating.
It is true however that the va is supposted to award any SMC without the veteran asking for it, but they fail to do this more oftern than not.
C&P exam today
in VA Disability Claims Research
Posted · Edited by Richard1954
as usual Spelling ( I have fat fingers, and transpose all the time
Well I had the exam and I don't know what make of it, The only thing the NP did was to measure my knees she said it was 80 each? She had me get on the table and bend the knees, and meaasured them, she forced the left knee causing some pain.. She asked me a few question and that was it , about 10 minutes. It was perhaps the most useless exam I ever had, but I have to see what the report says.. until then ... I hate these exams because they never seam to do them correctly.