pacmanx1

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.

The only reason I was awarded two separate EEDs for TDIU was because my initial BVA grant only directly service connected my disability with no rating percentage or effective date. When it was remanded to the regional office, they low balled my rating and screwed up my effective date. It took another CAVC decision for the BVA to address and increase my correct rating percentage and correct my effective date back to my original date of claim. So, pay close attention to both your rating percentage and effective date.

Yes, it is very possible, but it depends on when you were granted 100% service connected. Example: If you were granted 100% in 2010 and your 2005 appeal is granted/awarded that means the VA will owe you from 2005 to 2010 retroactive pay. I am going through this ordeal right now myself. I was awarded two separate EEDs of TDIU retroactive payments. Of course, this only applies to any rating above 0%.

Welcome to Hadit.com I will say follow the symptoms and file for any symptoms that your doctors can link or connect to your military service like asthma, depression, sinus problems, or breathing problems, depression, acid reflux (GERD), IBS, headaches or any other symptoms that can be medically associated with your service. I know I typed depression twice, keep in mind that depression is not saying you are crazy, it simply means that you a dealing with mental health symptoms that can be linked to or connected to your service or the symptoms of your service-connected disability. To make a long story short, I filed for Gulf War Syndrome (GWS), but my claim was denied but I began to file for the symptoms I was diagnosed and treated for while in service and post service and now I am rated 100% schedular P & T. You will need 1. An in-service event, accident or incident. 2. A current diagnosis and 3. A nexus letter or statement connecting 1. And 2. The letter would only have to say something like it is as least likely as not that your (name symptom) is/was caused by or related to your military service.

The claim would actually be closed but that only starts the one-year appeal period. If your decision came from the VA Regional Office, the veteran has one year to appeal. If this was a BVA appeal, the veteran has something like 120 days to appeal to the CAVC. Ratings are based on the symptoms of severity.

Yes, I agree that benefits are rated and based on an individual's symptoms, and it is possible. Just like in service a soldier married to another soldier would be entitled to and both get separate rations and BAH.

John with 93% on the VA math scale, you only needed another 30% to hit 95% for the VA to round up to 100% schedular. I was the same way. I was sitting on 90% and then I was awarded 40% and 30% which pushed me over the 95% and the VA granted/awarded me 100% P & T schedular. I went from 90% to 100% schedular and now I am going backwards and getting TDIU EED, so far got two EEDs with two appeals still pending.

I would say that keep in mind that most VA suspense dates are mainly internal, and you may very well have at least one additional exam coming up.

I know, tell me about it. Let’s agree that even though you have seen a lot of supplemental claims, you have not seen everything. After my reopened claim was denied, I actually did file a supplemental claim requesting the exact same benefits and the VARO denied that supplemental claim. My claim was for an EED (Earlier Effective Date) of an already service-connected disability. The VA refused to consider VAMC medical progress reports as evidence of prior treatment records even after the new medical examiner’s opinion that I was definitely treated for the disability and was diagnosed with the exact name and label of the disability in my records prior to my current effective date. The examiner even listed those VAMC Medical treatment records dates in her opinion but my supplemental claim like my reopen claim was still denied and it makes no sense.

While I do agree with the above posts, be forewarned that some VAROs and the Evidence Intake Center are requiring some veterans to fill out a new VA 526EZ Form especially if their denied claim is well beyond a years old. I had the VA return my VA 20-0995 Form and had me fill out a new VA 526EZ Form to reopen my claim and then denied my claim even with a new Contractor LHI Favorable Medical Opinion. My appeal will hit the three years mark this year and yes, this appeal is under the new AMA appeals at the BVA.

FYI, there is a major difference between BVA Citations and CAVC Citations. With BVA Citations they are not precedential citations and the BVA VLJs (Veteran Law Judges) do not, I repeat do not have to consider them as evidence to your particular claim or appeal. Yes, you can argue that there may be some similarities but the VLJs do not have to consider the fact that just because your argument is similar may not necessarily be evidence in your particular claim or appeal to grant your decision. To have a stronger argument you can cite Precedential CAVC Decisions (Citations) and if your claim is at the BVA or the CAVC the BVA VLJ or the court should acknowledge your argument and at least address it whereas the BVA VLJ do not have to consider BVA citations at the BVA Board level or lower level as the VARO. You can use just about any search engine to find particular citations BVA or Precedential CAVC Decisions/Citations, just read through them to see if they have any precedential decisions that can be cited in your favor. If I am off, I am quite sure someone will correct my post.

The simplest and easiest thing to do is contact your attorney. With that said, you have the P & T, but the re-evaluation of your deferred CFS can lead to additional benefit if you meet the SMC criteria which is still additional benefits. It is only speculation (guessing) because not knowing what is actually in your records there is absolutely no way someone can tell you what the VA or your attorney is doing.

When the VA granted/awarded these benefits, if they did not grant you P & T, that means you could be entitled to additional benefits. Typically, the VA would not schedule a veteran for an exam after 55 but if they need to determine the status of a disability that has not reached static status (about 5 years) they can and will reschedule an exam. Also, the VA could be considering the deferred 40% CFS issue and the status of it.

Can you please explain? Your attachment states that the VA sent you a letter around 08/24/2023 and that has not been a year yet. You still have several months to get a copy of the progress notes from you doctors and submit them as evidence. Even though the VA requested this information/evidence, you can get a copy of it and send it to the VA but make sure you keep the original for your personal copy. Please delete your personal information like your name and claims number.

The truth of the matter is all this means absolutely nothing. Both your opinion and mine means nothing. I did not attack you, so don’t take it personally. Facts are facts and there are situations that we don’t and cannot see when a veteran files his/her claims. There are times depending on the evidence of record when a veteran file claims that the VA has the authority to grant them maximum benefits which means that a veteran can be granted TDIU, and the record may not meet the minimum 40% with a combined 60% but the VA raises one or more of their disabilities to meet that criteria and that would or could settle the problem. There is absolutely no way that a generic or blanket statement that state it is not possible or worth it, makes any sense, it is misleading, and you can’t change that. Once again, we have no idea what it is the veteran’s records and for the veteran to make a good decision, he/she should be given all or every option to decide to how to go forward. I was not offended, your information is off and misleading, by not giving all the information/options can lead to a missed opportunity for the veteran.

First things first, I don’t care what a former Senior DRO said or say because they are bias and not veteran friendly. Second and finally, if you take the time to read and reread my post, your post mentions the rating percentage a veteran must have the 40% and the 60% 38 CFR 4.16(A) and nothing else. It does not mention 38 CFR 4.16(B). The VA loves to quote 38 CFR 4.16(A), but they rarely address or even mention 38 CFR 4.16(B). Just because something is hard does not mean that it is impossible. I was informed that I would never get to 100% schedular but I did it and I never listen to anyone that says it is impossible without knowing my record and evidence. Of course, it is possible because I did it. It is your right if you choose to listen to anyone but when you spread their opinion then it should be checked and corrected. I not only won my 100% schedular rating. I won two separate early effective dates, and I was told that would never happen. The bottom line is there is absolutely no standard in the VA and no one employee or former employee can speak for an entire agency or entity and be spot on all the time. My record speaks for itself, and I will call out any misleading information I see. Heck with all the changes the VA is going through even I may be off but this time your post if off and that is it. You can think otherwise but it is off and let’s agree that our opinions are different and move on.

The main thing with any secondary disability, you are going to need medical opinions that connect/link (nexus statement) your secondary disability to your already service-connected disability. It should say something like "it is as least likely as not your (name disability) is caused by or related to your already service-connected disability."

The above statement is a little off because it only addresses 38 CFR 4.16(A) and not 38 CFR 4.16(B). “Which states that a particular rating percentage is not needed.” “(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.” Keep in mind that unemployability and TDIU are the same benefit, and the only difference is unemployability does not have the TD for Total Disability part. Now it is hard, but it is not impossible. I did it but not knowing your current rating percentages, it is hard to say. Yes, you are going to need a bunch of separate and different rating percentages, but you only need to hit 95% where the VA would then round up to 100% schedular. I was rated as 90% on the VA math scale 38 CFR 4.25 and the VA granted/awarded me 100% schedular when my final ratings came in as a separate 40% and 30% which tip me above the 95% and I was rated as 100% schedular P & T. Yes, a veteran could go the route of filing for TDIU but that is something the veteran should decide. What are your current breakdown rating percentages?

You can look at it that way, but the rating chart is just a guiding post for the VA to rate veterans’ disabilities. To clarify the way, the combined rating is not used twice in the same manner. For rating a single 100% scheduler rating or a single TDIU rating, those ratings are set aside and then the VA uses the combined chart to maximize the veterans’ benefits. Have you read Buie v. Shinseki? Like other precedential CAVC Decisions, the VA is supposed to assess if the veteran’s ratings have already met the criteria and then award the veteran the maximum rating benefits.

Still not following you. The rating chart is not used twice. If you think about it, the combined rating chart is not used until after the veteran has a single ((1) one) disability rated as 100% schedular or a single ((1) one) disability rated as TDIU and then the VA looks for the additional 60% disability ratings for SMC-S. The combined rating chart is not used because a veteran rated 100% combined schedular is not the same as having a single 100% schedular or a single TDIU rating. The key words are single and combined. With single meaning only one disability and combined meaning more than one and with combined the veteran does not meet the criteria. There must be one separate rating to qualify of 100% schedular rating or one separate TDIU rating to be even considered.

This is an open/public site where more than veterans come to post, I can tell you that your SSN is not redacted.

Please redact your attached forms, you failed or missed removing your personal information.

No matter how you say it or look at it, those are the criteria, rules, or regulations. Veterans must have a single 100% rating or a single TDIU rating and then the additional 60% for the SMC-S rating. It is often or a lot of times the VA forces veterans to file a claim for SMC-S when those same rules, regulations tell the VA that they should maximize the veteran’s benefits by considering the highest award possible but that is not done. Keep in mind that the additional 60% must be separate and distinct and not included within the 100% rating. I know not what you wanted to hear but that is the way it is.