pacmanx1

What I mean is once all your claims and or appeals are completed, after the VA and the SSA makes their decisions, and long after you have filed your claims, just keep an eye on the dollar amount of your monthly benefits. You can look up what a 100% veteran makes and the SSA office should send you a letter of what your monthly benefits should be. The request for an audit would simply be to make sure that your retro benefits were paid correctly. This is just a heads-up and not to scare you.

I may be wrong, off or just totally confused in mixing up too many decisions, but I think the change was to add or to include or to clarify that a single TDIU rating would be comparable or the same as the single 100% schedular rating for the SMC criteria.

I would suggest getting the new medical opinion and go from there, it should explain a lot and give a greater detail or picture of your medical situation. By not awarding you TDIU back in 2010, it saves the VA a whole lot of money.

Unfortunately, the SSA and the VA are two different animals or chains of thoughts. Typically, the SSA will only pay back, or retro pay back to two years after your last application. Meaning you will win your benefits, but you will not get paid for the entire time. Unlike the VA, VA is different as to the VA will retro pay back to the date you filed your original claim or back to the date of your discharge if you filed within a year of retirement. Either way it should really help. Now for the bad news, because you retied, I am pretty sure you may have to file an audit after all your decisions come through. Best Wishes

When I filed my AOD I think it took about 90 days or less. The BVA contacted me by phone and by official letter informing me that my appeal was being placed on the AOD. If I remember correctly, I think it took about 30 days or less once I actually received my letter before I got my BVA decision and retro pay. I did not have an attorney, and I did not file for a hearing, it was a legacy remand returned from the VARO. The VARO screwed up my prior remand, so the BVA granted my AOD due to an Administrative Error.

IMHO, I think it boils down to what the medical opinion states. If you have a medical opinion that states, you have a single service-connected disability that causes you to be unemployable then that opens the door to Buie v. Shinseki. Buie states, The Court has held that the order in which disabilities are service connected is not relevant to VA’s determination of a claimant’s eligibility for special monthly compensation under 37 U.S.C. section 1114(s). Whenever a veteran has a total disability rating, schedular or extra-schedular, based on multiple disability or disabilities, and the veteran is subsequently awarded service connected for any additional disability or disabilities, VA’s duty to maximize benefit requires VA to assess all of the claimant’s disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s). If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).

Since you are rated P & T, it is not likely that the VA would try to reduce your rating. As for the rules I have only heard of a 5 - 10- and 20 years rule. I have never heard of a 15-years rule. Once again since you are already past the five (5) year rule, I really doubt the VA would try to reduce any veteran's rating. Unless the VA would claim fraud, the veteran's rating would be protected. No, I am not referring to you or your particular situation.

The VA, VSOs and some veterans say that a veteran must be rated at least 70% or have one disability rated as 60% but that falls under part (A). Here is part (B) and as you can see it does not list any rating percentage. When quoting the regulation, if you leave out part of it, the part you leave off will make the quote a little off. We have been trying to get veterans to understand 38 CFR 4.16(B) for decades and some still miss the point that a veteran can also not have a 60% for a single disability or a combined 70% but the VA can still grant them Unemployable based on their symptoms and 38 CFR 4.16(B). (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

CalVet Veteran Services Property Tax Exemptions The Disabled Veterans' Exemption reduces the property tax liability on the principal place of residence of qualified veterans who, due to a service-connected injury or disease, have been rated 100% disabled or are being compensated at the 100% rate due to unemployability. An unmarried surviving spouse of a qualified veteran may also claim the exemption. va.gov benefit letters, when you click on the checkmark where it says your combined service-connected evaluation is, it will remove this line and will not appear on your letter. That is what I mean that you can customize this letter to show what you want. There are agencies and or places that don't need to see all your information to assist you.

Have you tried va.gov and to print out a benefit letter? You can customize this letter where you can omit (not check) your rating percentage and check that you are being paid at the 100% rate because you are unemployable. Check it out. States are different and some do, and some do not take unemployable benefit letters. Where are you living?

This statement is a little off, while it is true, it only quotes part of the regulation 38 CFR 4.16(A) and not the most important part that states a veteran can be awarded TDIU if his/her disability precludes them from work and make them unemployable 38 CFR 4.16(B).

Have you read and or considered Buie v. Shinseki, 08-2705(E) (Vet. App. 2011)? James E. Buie v. Eric K. Shinseki – CourtListener.com

If a 100% P & T veteran file new claims, the VA would only address the new claims. If you file new claims secondary to an already service-connected disabilities, the VA will only address the part of the service-connected rating and if cause your secondary condition.

I posted this several years ago. P & T ratings are only granted or awarded when a veteran has a disability or disabilities that is likely going to exist and last for the rest of the veteran's lifetime. I have been P & T for well over a decade and was granted several EEDs (Earlier Effective Dates) and the VA/BVA/CAVC (Regional Office/Board of Appeals/Court of Appeals) has said nothing about me losing my P & T, in fact that has been back dated also.

As far as I know the best place to try to get information about an ID Card would be D.E.E.R.S. Overlook all the Tricare and try to follow the ID Cards information. DEERS/RAPIDS ID Cards | Department of Military Affairs and Veterans Services (nh.gov)

Yes, it is possible. Without reviewing your records, we can only guess and suggest that you contact your POA. As stated, it is possible, if your POA found new and pertinent evidence in your records or SMRs this could lead to an earlier effective date, and it could be possibly faster for a judge to review your case if the POA canceled your video hearing and switched to a Direct Review because video hearings are taking a lot and I do mean a lot longer. The Direct Review Appeals under the AMA was supposed to be around a year’s time, but they are running about three years and counting. Who knows how long a video hearing would take under the new AMA. COVID and The PACT ACT has really screwed up the timeline or timeframe. Contact your POA.

If my memory is correct, banks get printouts daily of upcoming deposits and recurring deposits can be at least 3-5 days out before they're posted or actual release date, but they do not tell their customers this information. My credit union will normally post my deposits a few days early, but they have been doing that for about a year or so now. Banks just don’t want their customers to switch their direct deposit owing them money. I have seen banks reopen a closed account to collect the money that an individual had closed just to get their money back. Since the individual had access to the rest of the funds, my hands were tied, and I could not request the bank to return the original amount deposited. On average a lost ((EFT) what we called it back in my day) deposit can take anywhere between 30 to 120 days to be returned and redeposited, and I have seen some take even longer. Big headed financial advisors say that the average person should have at least 3 to 6 months saved up just in case of an emergency (not to lend it to someone that will never pay you back) to cover any financial hardship but this/that is really hard to do if you are living on paycheck to paycheck. So, the bottom line is to try your best to not spend all your retroactive pay. Because I lost everything and was homeless, my retro pay was gone long before I ever got it. Doing the right thing of paying all your debts feels good but it leaves your bank account empty like it was never there.

Your claim your call but veterans do not need an attorney until his/her appeal goes to the CAVC (Court of Appeal for Veterans Claim). You could possibly win your own claims at the BVA. If not, you would have about 120 days to file an appeal to the CAVC. The EAJA will pay for your case if you appeal to the CAVC, but you will have to pay if you hire an attorney at the BVA level. Either way you will have to sign a fee agreement. In this day and age of technology, you do not have to get a local attorney. A Federal law called the Equal Access to Justice Act (EAJA) permits an appellant, in some instances, to ask the government to pay his or her attorney fees and expenses. You will be awarded attorney fees only if you are represented by an attorney and if you "prevail" in your claim. Your attorney is responsible for filing the EAJA claim with the Court. An EAJA award does NOT reduce or otherwise affect the money that you might receive from VA. This money is NOT part of your VA benefits, nor is it intended to be compensation for you. It represents payment to the attorney for the work that he or she did on your appeal. In addition, a pro se appellant who prevails may sometimes receive an EAJA award for certain expenses such as photocopying and mailing. Common Errors in VA Decisions That Veterans Can Appeal | Nolo US Court of Appeals for Veterans Claims - Finding a Representative (cavc.gov)

It boils down to how long your doctor say you will need time to recover. Keep in mind that after your proposed recovery time the regional office will reevaluate your rating. Temporary Disability Rating After Surgery Or Cast | Veterans Affairs (va.gov)

I actually have two separate memorandums placed in my records. The other memorandum is for Persian Gulf Veteran - See 1117 that states: The Department of the Defense (DoD) has provided VA with authoritative data that verifies the veteran named below meets the definition of a Persian Gulf Veteran as specified by 38 U.S.C. 1117. So, I am a little off and what was the point of my DD 215 listing my special awards that I served during my service? The Military of Records had already verified my service records and acknowledged my special duties and awards.

I filed a claim for GWS many years ago and of course my claim was denied. Going through my records today I found a recent internal memorandum from the (OABD) Office of Automated Benefits Delivery with this information. The VA denied my claim and if I had never got a copy of my file I would never know. The Department of Defense (DoD) has provided VA with authoritative data that verifies the veteran named below had military service that constitutes presumptive toxic exposure per 38 U.S.C. 1119. Below list my name and my full SSN.

Yes, you can "amend" (change) your original AOD to a different date. In fact, disability lawyers often advise their clients to agree to an amended onset date in exchange for a fully favorable decision (an approval) from an administrative law judge. Judges suggest amending your onset date when they agree that you're currently disabled but disagree when your disability started. What's an Alleged Onset Date for Social Security Disability? | DisabilitySecrets

You may very well be correct, but you should file a claim for SSDI to get your denial letter and then contact a reputable lawyer that deals with SSDI and the military. Many times, you should not go by what you think or what the SSA office tells you in person or over the phone. Make them give you a denial letter and then try to appeal it to a higher level. If you have done this then, I would say don't miss your retirement date. Most veterans don't know that they can actually change their on-set date for full SSDI.

Bump Since more veterans are having questions about SMC, I decided to bump this post. SMC is quite tricky and hard to understand and follow. I suggest that all veterans should seek out an accredited attorney for assistance.

You never know what the VA will or will not do until you get your notification letter in hand. With that said, it is not likely they will try to reduce or even collect any benefits that you just received. Take a deep breath, based on your own post it may very well be that you are owed even more retroactive pay. You posted that your claims were denied between 2019 and 2022 but your most recent letter states your last award went back to 2022. That means the VA may still be working on if you are owed benefits back to 2019. Don’t quote me, unfortunately you will have to wait for your new decision letter. Your VAMC Medical Records may show an even earlier effective date of when you were diagnosed and treated for your conditions that may go back to 2019 and could shed light on additional pay that was not considered and owed.