relatively happy camper

I have a couple of questions on the ptsd claim/award. When was the original claim submitted and was it under active appeal since that original claim date, when you were awarded the 70%? Just curious if your ptsd claim was prior to any VA rule changing. thx

Thanks Pac. I think you are correct and I believe former member did, thinking back on it. I'm checking for my Ex. She went on his P&T Chap 35 and now that she's receiving DIC due to his death, the award shows a new Chap 35 award. Thx again!

Thanks, bronco & Pac. Although it still leaves me wondering. I know if you use college benefits, previously, they claim that there are limited funds available for you, for voc rehab. I was just wondering since it's a new claim. The other thing is if a spouses Chap ed 35 bennies from a previous marriage would be awarded more from a new spouse? I think they would but who knows w/the VA.

I'm curious, if a spouse was awarded Chapter 35 benefits and used them when the veteran became P&T, some yrs back, does she become eligible again when she is awarded DIC? The awarding of DIC is a new claim/benefit. I've seen a few of them and they always award Chap 35 benefits w/the DIC award. thx

You should get a copy of what used to be called the "blue sheet." It's the page that shows all your SC and NSC codes and ratings and the VA doesn't usually share it, unless specifically requested. I don't know the actual name for the "blue sheet." jmo

It looks, by what you've stated that the BVA decided the issue of service-connection (SC) and they generally then remand it to the regional office (RO) to decide the rating. The rating could be 0% or more. Since it's an older claim the RO will probably need a current Compensation & Pension (C&P) exam. They may also go with a staged rating, depending on how much weight they want to put on earlier C&P exams. It may take a while to have the decision and rating implemented. jmo

Since when has the VA followed their regs??? You have your opinion. I have mine.

Ok, I understand that but why not apply now. Just sayin'. Took me 31yrs but I won it all.

Anytime you file a claim the VA has the right to review any previous claims. They generally don't but know that they can.

I would file the SMC claim now and I'd request the earliest date where you felt you met the criteria. I can't see any reason to wait. jmo

If it totals 95, they generally round it up to 100% and should. You can request that they correct it, however I would stay with the TDIU, as it's harder to take away. And if you keep poking the bear you could get burned in the end. You know you're a 100%, unless there is some other major benefit you are missing out on. jmo

For a while, (I'm fairly sure it was the early 90's), there was 4.16(c), which if I remember correctly was discontinued in '96, where if you were rated 70%, strictly for PTSD, they were required to award the claimant a 100% rating. I think it only lasted a few yrs. The VA sometimes doesn't state total & permanent (commonly called P&T) but do mention whether your dependents are Chap 35 and ChampVA eligible, which means you are P&T. Those added 2 benefits are worth pursuing.

I think it could be that the judge decided that the error in 2002 was a CUE. Whatever it is don't give up! jmo

Thanks, bronco. I couldn't find out anything about whether they "age" out, but I would think that they probably do.

I, personally, recommend that everyone applying for any ratings also request an SMC-S award. I believe they are still required to consider this anytime there is a TDIU or 100% award but rarely ever do unless you mention it. Additionally, you should apply for any dependent's compensation, at that time, also.

I'm curious about the children of a deceased 100% veteran's ID card. Does that allow for the child, who is no longer supported by the veteran, to get a card? Or does that cease when the child reaches 18yo or 26yo, since technically, they are no longer dependent on the veteran? thx

As mentioned above, the banks get the money earlier and of course use it for a few days interest free, for them. I believe all government deposits are made a few days earlier, than we receive actually the benefit. VA funds used to be deposited on the 28th. Some banks do deposit them in your accts early but remember should you die the money is not earned until the 1st and the VA can take it right back, out of the acct and they will. Your spouse could lose that money, when they are planning to use it. It's best to change it to another bank/credit union, as soon as it's received in your acct. Your spouse could eventually get it back but there could be a delay. jmo

Back in the '80's-'90's the VA was required to consider an SMC "s" rating for either housebound or A&A, for any claimant who received a 100% schedular rating and if the VA failed to consider that SMC rating, by either awarding it or denying it, that claim remained open. (It was one of the reasons I won my SMC award in 2020.) I believe that is still in effect, which is why they are considering it for you. The fact that your spouse is your caregiver should be favorable evidence, towards that end. I would make sure that the claims people know that! Don't assume that just because she is getting paid for it that they know! jmo

If any of your SC conditions cause you to be unable to work b/c you need assistance w/some things or you are housebound(HB) and by HB I mean leave your house/property except for medical appts, etc, and a few other things/times I would apply for SMC "s" now. It may/will take time to process. jmo

If you are happy with what you have, why bother! Why introduce more aggravation in your life! jmo

If the military accepted you, they accepted you as "fit for duty," unless you purposely hid or lied about something from them (fraudulent). Unknown problems can't be held against you. They often try to blame anything but themselves. I disagree w/rattler in that YOU do not have to prove the pre-existing condition was not active when you entered the service, as their acceptance s enough proof. There is a 38USC/38CFR on their presumption of fitness, but I can't quote it, now. I'm sure someone will post it. Try not to offer negative evidence on any of your claims. Always be honest and truthful but sometimes a yes or no answer is all that's needed. We as humans tend to offer too much info.

Yes, I would say it's a common occurrence. Unfortunately, the VA is commonly not on the veteran's side of things. They seem to suspect many, if not all, vets of fraud. jmo

I want to add to Shrek's post that you can also receive an extra-schedular TDIU rating if in fact you cannot work and don't meet the percentage requirements. The VA doesn't inform the claimant of this fact.

I believe most law firms are in it to win. However, that has the caveat that they make the most money for the least work expended. I used CCK probably about 15+yrs ago and they won me a remand at COVA/CAVC (EAJA paid)and then quit. I continued my appeals and won my claim retro to 1989 for SMC "s." It was worth my time, perhaps not theirs. I used another atty during that time after CCK and he won another remand (EAJA paid) and finally a BVA judge made the proper decision. If the VA would just adjudicate claims properly, think of the money that could be saved. But of course, some people wouldn't have work, then. jmo

Back in '03 I received a Gateway computer, printer & chair, plus 10 hrs. of home training. I know a person who received a portable sawmill and have heard from others that got sawmills also. I read about a paraplegic vet received an addition to his house (roughly 12'x20') for him to do photography, of birds, in his backyard. If I recall correctly, he won it thru the appeal process.