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jmack

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Posts posted by jmack

    Not Sure

    in SMC Special Monthly Compensation

    Posted

    The regs state total plus 60.

    The give it to veterans who meet certain criteria like IU and an additional 60 percent.

    That means that you are not 100 percent but are getting paid like you were along with the other benefits of being 100 percent.

    With IU you still get the "old are you working form" each and every year to fill out. (What a headache to deal with)

    Here is some added input:

    (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

    (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

    (2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime

    How do I apply? I am 100% P&T included in that is 60% for failed total knee replacement

    Not Sure

    in SMC Special Monthly Compensation

    Posted

    I had to file a CUE when I found about IU plus 60%= housebound. I got my IU plus 60% about one year ago when this was being sorted out in the courts. I am glad the VA is granting HB when a vet gets total plus 60%. I would bet the VA has not gone back and looked at the many cases of vets with total plus 60% and granted HB with retro. I got two years of retro HB.

    So are you saying that If I am 100% P&T which includes one single disability at 60%, I am entitled to HB?

    Increase For Mdd

    in Entitlement - Veterans Compensation Benefits Claims

    Posted

    I sure wouldn't appeal the 100%. The VA might be considering you for a & a OR Housebound SMC ( the SMC S award).

    In your 100% decision they should have considered you for these awards.I assume they did and did not grant them.

    Maybe medical evidence since then warranted them to reconsider A & A or HB.

    Can you scan and attach here (cover the personal stuff) that decision for us? They might have committed a CUE.

    Failed knee replacement?

    Was the 60% awarded under 1151 or due to aggravation of an SC condition?

    Did you receive any temp convalescence comp?

    --------------------------------------------------

    This veteran received 12 months of convalescense compensation as well as was increased to 80% SC for failed knee replacement due to surgery from the VA.

    http://www.va.gov/ve...es2/9509218.TXT

    A very interesting case.

    This veteran won under Section 1151 for VA's negligence in a failed knee replacement:

    THE ISSUES

    Entitlement to compensation benefits for a total left knee

    replacement pursuant to the provisions of 38 U.S.C.A. § 1151

    (West 2002).

    ORDER

    Entitlement to compensation benefits pursuant to the

    provisions of 38 U.S.C.A. § 1151 for a total left knee

    replacement is granted.

    http://www.va.gov/ve...es2/0413656.txt

    In cases like this-if the veteran had service connection established for the initial knee problem-they can request secondary SC for the "aggravation" of the SC due to the failed replacement.(if performed by the VA)

    They also can file under Section 1151.

    Vets with a NSC disability that caused a VA induced failed knee replacement have only the Section 1151 claim opinion.

    But either of these vets could also file a FTCA tort for malpractice if they are within the 2 year Statute of FTCA Limits.

    I have explained these types of claims (FTCA and 1151 claims) in our FTCA forum here at hadit and also why sometimes a 1151 is better then filing a tort and vice versa.

    I filed both and succeeded in both FTCA and 1151 so sometimes filing both ways is very advantageous.But not always the best thing to do.I covered that info in the FTCA forum.

    Both 1151 and FTCA relies on documented medical evidence of malpractice. Sometimes the malpractice is hard to find in the med recs and sometimes it is quite obvious.

    I saw similar failed knee replacement claims under 1151 at BVA that were denied.

    These claims these days usually require an independent medical opinion because VA fights them aggressively as they can end up costing the VA PLENTY of cash.

    It sounds like you did well on getting that 60% but I wonder if that too is being consider for a potential higher rating-

    but I think they are probably focusing on A & A or Housebound here.

    Do you have a vet rep?

    Berta,

    I hope that I was clear and did not mislead you, if so please forgive me please. I was awarded 100% P&T in 2006. I am currently rated at 50% for MDD. This year I requested an "increase" due to the depression worsening. I was hoping for an increase of 100% for the depression which would qualify me for A&A since I am 60% SC for my knee. I am not as good at explaining this sometimes as I used to be, so bear with me.

    The question is, should I appeal the decision of "no change to current condition"? It just sounds fishy to me that before they made a decision they sent my claim back to the examiner for an addendum.

    The VA did not perform the surgery on my knee however after the convalescent period the C&P examiner noted that it needed revision surgery. So I went from 10% to 60%. I was already 100% P&T before the TKR.

    I wish that I knew how to scan the documents, it probably would take me longer to scan than it would if the mail delivered it :smile:. And I only can fax to local numbers because we have no long distant on the phone.

    What exactly is an 1151? And I was using DAV but they are so discouraging around here, so now I trying to just figure out what to do. I think that the VA is cheating me. I don't trust the VA to help me nor myself in going at this alone. But I am sick and often on a rollercoaster of emotions. I hope that I am even typing all this in the right place so that you can see it.:smile:

    Again thank you for responding to :smile: my post.

    Increase For Mdd

    in Entitlement - Veterans Compensation Benefits Claims

    Posted

    Someone help me understand this. I am 50% SC for MDD secondary to DMII and a host of other SC'ed medical conditions totalling about 14. At my last C&P exam the Dr. noted that my social adaptability and interactions with others appears to be considerably to severely impaired, as well as my ability to maintain employment and perform job duties in a reliable, flexible and efficient manner. Why was ask for an addendum from the examiner? She states that there was no change to my diagnosis! I am 100% P&T with one condition rated at 60% for a failed knee replacement.

    1. Should I appeal for 100% for MDD since as stated I can't work

    2. Can I claim loss of use of my knee

    3. What about A&A if I am successful if I am successful on winning an appeal?

    Need some guidance here. Be advised that I need extra time to understand some of the responses if there are any, so be patient with me. I have had this info since June 2011.

    Frustrated And Feeling Out Of Options

    in Introduce Yourself

    Posted

    Hang in there and stay encouraged. I am concerned about your meds though. Remember you are a Veteran, and you are entitled to medical treatment. Go to the VAMC mental health center on a walk-in basis. Be assertived but not beligerent. Explain to them that you need your meds! Be proactive and have someone that you trust to stay with your daughter. You have a long rope and you are not close to the end but are close to positive results. Hang in there and welcome to Hadit, you are in the company of those who care. May GOD bless you and your little girl.

    Letter Generator Shows 100% !

    in Success Stories

    Posted

    Oh my gosh, oh my gosh OH MY GOSH!!! I logged in ebenfits & the letter generator shows husband is 100% !!!! I noticed a new letter available too - the commissary privileges - it states he is P&T !!! no further exams.

    The status was 40% on Friday - so this just happened today. No letter or payment yet. I don't want to get too excited... but can't really help it.... I am so so thankful! It has been a very, VERY long road.

    I can't wait for the letter to come in the mail !

    Is there any chance the letter generator is ever wrong?

    While browsing and quietly rejoicing for my fellow vets receiving their well earned benefits, I

    could not help but smile and imagine the excitement displayed in your post. I am equally excited for you and

    your husband as well. Congratulation and may GOD bless you both.

    20 Years

    in VA Disability Claims Research

    Posted

    Would you please post the reason for the purposed reduction. Each case is different and it would help address what is going on with your case. If you have been service connected for:

    1. 5 years - requires two evaluations before they can decrease your rating after 5 years of continuous rating.

    2. 10 years - they can not sever service connection except fraud.

    3. 20 years - they can not reduce your scheduler rating except fraud.

    4. 55 years old - they are not supposed to reevaluate a disability after age 55 that is stable.

    "The ten year rule applies to severing service connection, the twenty year rule applies to protected ratings (Title 38 CFR 3.951), if a disability has been static for more than five years, the VA cannot reduce on any one examination (Title 38 CFR 3.344)

    Thanks Sharon,

    Great info.

    Jmack

    100 Percent Mental Vs Gi Bill

    in VA Disability Claims Research

    Posted

    Going to school should not trigger the VA to change your service connected disability Neither VA or Social Security will do anything. The key is if you get a job and earn a paycheck and that will do it.

    Good Luck I think that school will benefit you.

    Pete,

    If you are confident about this, I think I may give it a shot. I have always wanted this opinion. Thanks.

    Jmack

    T-bird, Berta, Carlie, Wings And All

    in Vocational Rehabilitation

    Posted

    Tanker, good to see you online~! Been off a while myself, here and there. Hope alls well as can be, we each here keep trucking along no matter the odds. Just to get whats due, eh? guess theres always that brighter light around the bend. So relax.

    Hope you had a really nice 4th of July. Ours - grilled all beef hotdogs, sauerkraot and thick meaty ribs, roasted fresh corn, pork b'bque, mustard&egg tater salad, monster red beefsteak tomato slices never refrigerated, baked macroni&cheese, a mess o greens, sweet tater pie, cornbread, deviled eggs, big ole dill pickles, fresh lemon merangue pie, peach cobbler and watermelon slices that need two hands.

    Ok, I better go and hook up with some leftovers..

    Best to ya,

    Your freindly Hadit cowgirl

    Man am I getting hungry :angry:

    Medically Retired Twice

    in TDIU Unemployability Claims

    Posted

    As of 5 June 09, I was medically retired from the Bureau of Prisons. This is actually the second time being medically retired. First, after 16 years of Army service and now only after 6 years of Bureau service. Can anyone give me the skinny on the IU or TDIU? None of my ratings are over 30%, but my major complaint was due to my knees. In August, I went through the painful event of knee replacement. About four weeks ago, I applied for my C-file, and I also in the process to file for the scar left by the surgery.

    30% Left Knee

    30% Exercise induced Asthma

    20% Patellofermoral pain syndrome right knee

    10% depressive disorder

    10% degenerative joint disease, left knee

    10% Impingement syndrone left shoulder

    10% right ankle

    10% Hypertension with erectile dysfunction

    10% pseudofilliculitis barbae

    0% Thoraic spine strain

    A

    I don't see temporary 100% SC for the TKR, why not?

    Jmack

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