[SMCs for TDIU rating 3 yrs ago]

Hey @Berta,

 

Ill be submitting my claim soon. Could you provide the link for the thread for the CUE template so that I may type mine? Thanks for all your help.

[SMCs for TDIU rating 3 yrs ago]

14 hours ago, Richard1954 said:

I would first ask what was the actual rating for your depression? If it was less than 60% then you would not qualify for Housebound.  The only way to get Housebound when you have TDIU is that the condition that Tdiu was awarded for must be rated at least 60% then you must have an additional separate 60% rating  

It's 70%. Was already 70% prior to TDIU award in 2015.

[SMCs for TDIU rating 3 yrs ago]

12 minutes ago, GeekySquid said:

 

"Morning @Nvet I have a question.

I read through the two pdf's and I don't see the listing of Allergies at 10%.

Do you have another letter showing that? can you get into Ebennies and go the Disabilities link and screen cap what they show there?

As I understand things you need the 100% (TDIU counts) and an additional 60% that is not related or secondary to whatever made you 100%.

From these two docs you uploaded I see the 70 (which made the TDIU) and then a separate 40 for Lumbar and a separate 30 for Migraines.

In VA Math the 40 + 30 =58 rounded up to 60 for Pay Purposes.

The question is does that round up for pay purposes also equate to 60% for SMC granting purpose and I don't think it does. The legal language does not say "...Paid at 60%" it says "is 60%". The SMC pro's here can offer up an opinion but that law does not specify Paid At and neither does the MR21-1

If you have the other doc showing the 10% for Allergies then bingo you have something to attack and people like @Berta can guide you on a CUE."

Here is the ebene disabilities page printout. I'm ignoring the Neck strain 20% as that was just awarded and effective 2018. 

https://drive.google.com/file/d/16yUxlkx-bFui3MTmpUpSZJtBMoDjOfDr/view?usp=sharing

 

[SMCs for TDIU rating 3 yrs ago]

On 5/11/2019 at 6:38 AM, Berta said:

Good- I will review it tomorrow as soon as I can....I am a Mother so it is a Big day for me!

 

Happy Mother's Day. I was unable to upload the PDFs here so here is a link to them. https://drive.google.com/file/d/1dG-JO5RGR2Up78VlZPFDIR1djyZwiZyi/view?usp=sharing

https://drive.google.com/file/d/14CgAfDWgTHhGd_hs3iQa2Xwi1J9QcBis/view?usp=sharing

Please don't worry about this today, Mother's Day!!! I am not in a rush. Thanks for all your help

[SMCs for TDIU rating 3 yrs ago]

On 5/9/2019 at 7:43 AM, Berta said:

"Can you scan and attach the 2015 decision to include the Rating sheet?

Cover your C file # prior to scanning it.

Also they violated ,based on what you posted ,Bradley V. Peake: 

If you clarify what you posted and can scan and attach the 2015 decision ,others can help- if I am not here later- this is an easy as pie CUE claim someone can write for you in this thread.

Bradley had not been determined when I filed my SMC CUE.Otherwise I would have got them on that.

Ironically the decision awarded both HB and SMC S (100% plus over 60%), but they only paid under one theory. I think-

I have asked for a complete award of that award because it involved a separate Nehmer award and the award letter said the audit was an "estimate".

In the past the VA made financial errors to the tune of 40 thousand on my issues.

Regional counsel cued them, but the amount was still wrong.I cued them again.

I got  all the cash but it is 'as likely as not 'they buggered the Nehmer audit, too.

Cover your C file # and your name, when you scan the decision."

Yes you are correct Berta, I'll be able to upload the file tomorrow. But in 2015 I was awarded TDIU for Major Depression at 70%. My remaining SCD at that time were 40% for my back, 30% Migraines, and 10% allergies. The decision packet they sent to me mentions nothing about being considered for SMCs. I was also auto re-evaluated 4/2018 for back and migraines disabilities, and re-rated at the same levels, but again no mention of SMCs consideration. 

 

 

[SMCs for TDIU rating 3 yrs ago]

Hello,

I received a TDIU rating for Depression in 2015. In addition, I had 40% for my back, 30% Migraines, and 10% allergies. I was not considered for SMCs. Any advice on how to proceed to get SMCs and back pay? Thanks