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relatively happy camper
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Posts posted by relatively happy camper
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Agreed, failure will always happen anytime someone doesn't start whatever the task is.
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Not to hijack someone else's post. I was just at the DIC site broncovet linked and am wondering if the VA would pay for a second spouse, if they remarried, after age 55? They are 58 and receiving DIC now, marry another SC vet and that one dies - could the spouse receive a double DIC award? Probably not but I'm fairly sure they can get a second award of Chap 35, so why not!
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I prefer Community Care (CC). The VAMC would schedule me for every 6 months (and very often cancel an appt extending it to a year) whereas my CC Dr would see me every 3 months and if needed I could be seen same day, if emergency, or a few days if needed. I've continued paying my Medicare, just in case I need it. About 30+yrs ago the VA started having their Dr's see more patients and I believe at that time they tripled their patient load (roughly 500 patients to over 1400 patients). You have to remember that all VAMC are in some way affiliated with a medical school. It's always going to be for the cheapest price. I'm kinda glad I'm nearing my expiration date (one of these days)
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Great news!!!
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On 4/27/2024 at 7:23 PM, Spaceace1954 said:
To All
If you are 100% P&T can you file for TDIU to collect SMC S?
I had to retire in 2021 because I could no longer travel for my job.
Thank you for your info.
You can file for anything you want. I know some vets receiving TDIU that are receiving it. Whether you qualify is another matter. If your SC disability keeps you HB you should qualify.
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If it were me, I would pursue the secondary claim. I'd also pursue a number of other claims that they have rated as NSC. jmo
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1 hour ago, Rattler said:
For clarity I have to point out that you have to meet the criteria for SMC S. You just don't get it because you are 100%. For example, you are 100% and housebound etc.
You are correct, however, if you receive a 100% rating, the VA was and I believe still is required to consider an SMC "s" award, for either A&A or HB. Failure to decide that leaves that claim open. That's why I was able to pursue and win mine. My original award was a 100% schedular rating, 9/99. My original claim date was 4/89 and final award date was 9/99. They failed to consider HB or A&A, in my award decision, so I decided to go after it. I had hoped to get to the court again and get it decided on the 100+60% rule not using the ratings table but just using regular addition, instead. I wanted a court decision on using the ratings table against the claimant, since a claimant is already 100% disabled and shouldn't be penalized again. It appears, to me, the VA avoids a court decision on this by awarding the claim thru some other means. Both my claims were awarded retro to 4/89. jmo
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pacmanx1 - you may be correct but anytime a claimant gets a 100% he/she/them /they should request SMC "S." I would never expect the VA to award something that wasn't applied for, as much as they fight you on every step of the way. Took me 10yrs on my claim but I won 100% schedular (first 30%, then 50%, then 70% then TDIU, then 100%), then another 20yrs for the SMC "s" award but everything went back to my original claim date, in '89. They fought SMC "s" all the way but the BVA judge found an evaluation in my original award that justified SMC "s." I'd probably been to the BVA 5x by then and 2x at the court.
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If the 100% was a schedular award, an SMC "s" award should have been awarded or denied, at that time. If the VA failed to consider SMC "s" then that claim remains open, from when the 100% award was made.
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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
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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!
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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.
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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
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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
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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
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3 hours ago, pacmanx1 said:
Sorry to say, but this is just fear mongering, VA, some VSOs and other veterans pass on this information. Did you read my post? There is a regulation that states the VA cannot revise decisions in a manner that is less advantageous to veterans than the decision under review. Unless the VA has some type of proof that a veteran has improved beyond normal conditions than they cannot reduce and with this crazy back log of benefits, they the (VA) don’t have the time or workforce to review every disability claim. Heck, they don’t even have the time to get a regular claim/appeal correct let alone trying to review prior claims is way beyond their capabilities.
Since when has the VA followed their regs??? You have your opinion. I have mine.
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Ok, I understand that but why not apply now. Just sayin'. Took me 31yrs but I won it all.
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On 4/3/2024 at 4:14 PM, pacmanx1 said:
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.
Anytime you file a claim the VA has the right to review any previous claims. They generally don't but know that they can.
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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
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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
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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.
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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
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Thanks, bronco. I couldn't find out anything about whether they "age" out, but I would think that they probably do.
Denied supplemental claim for previously denied sleep apnea (denial letter questions)
in Denial Letters
Posted
Frequently the VA is responding to something from a yr ago. Which may be why your evidence is not there, in their decision. I "feel" all the delays are intentional in an effort to get you to abandon your claim, saving them money. jmo