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Sunny 1

Seaman
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    Sunny 1 reacted to jvretiredvet in Smc For Hysterectomy/ovaries Removed, But...?   
    Really? Yes, really. But, you'd receive only one award of SMC-k for the loss of the uterus and the ovaries.

    Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded? Please review the criteria for award of SMC-k at 38 CFR 3.350(a) . There is no mention of an earlier BTL . I am sure that the rationale you mention had been used in the past, but I am also sure that it was overturned by the DRO/BVA .

    And, until the veteran becomes menopausal, one could always anticipate a tuboplasty, ie., reconnect the cut ends of the Fallopian tubes (or, remove the band).

    Of other concern, beyond fecundity, is the hormonal function of the ovaries, ie., estrogen production. INMSHO, HRT really does not do a very good job compared to an ovary or two.

    On another note, with that apparent killer instinct you've displayed, have you considered becoming a Rating Veteran Service Representative?

    Addendum: When you get the SMC-k, if you don't believe you deserve it because of the prior BTL, ask your friendly neighborhood VARO to take that award away.


  2. Like
    Sunny 1 reacted to SergeantQ in 8 Years finally BVA Grants   
    Thanks Berta. Oh and I won with Dr. Bash IME too!!!! Yeah go Dr. Bash. 
    Wow! That’s a blessing you was still able to dry out the check and deposit it. At this point I’d take a wet check. Lol 
    Yeah I think in the beginning I waited so long, just trying to have patience so now I feel like I need to ring the alarm, jump up and down so it won’t drag another year. I’ve fallen in that dark pit of nobody cares; least of all my VSO but I know his hands can be tied as well. So, yeah the PTSD is real over here but there is no medication to fix this just a ‘wet’ retro Check. Lol 
    get it? A wet Check like yours? Lol 😉 
  3. Like
    Sunny 1 reacted to JusticeforLt.Col.Sutton. in Help me please with 1151/FTCA for death of my husband   
    Berta
    "LHI was contracted to give him a C & P exam. I ca hardly read it even when I magnify it-
    You got it recently, but but what is the date of that  exam.?
    What I see here is that he applied for a Pension ( far different from a service connected claim)
    If he did not appeal this decision and point out their errors, the date of the decision tells me the only way to get this changed is to file a CUE claim.
    But I do not know if pension's involve accrued benefits-will try to find out-
    Was there anyone ( like DAV- VFW- AL )  mentioned as his POA on the pension denial?"
    Berta
    Yes it was recently.  The letter is dated 10/19/2019.  My husband died 17 months prior to letter on 03/22/2018.  This is what stumped me when the letter arrived.
    Yes it appears he had applied for pension on the letter from the Department of Veteran Affairs dated January 18, 2018.  It also states on page three, "If you do not agree with our decision, you should write and tell us why.  You have one year from the date of this letter to appeal the decision.  The enclosed VA form 4107, Your Rights to Appeal Our Decision explains your right to appeal."  It is my intention to Appeal the decision very soon.  It will be next week before I am able to go to the Social Security Administration Office to obtain all proof I need from them to submit with the appeal.  
    There was no POA listed.  I am quite sure he did this himself.  He was bound to his wheelchair so if he had gone to a VSO I would have taken him.  I am sure we did not do this.
    Did you find out if pension is involved in accrued benefits?
     
     
     
     
     
     
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