relatively happy camper

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.

I suggest getting ChampVA. I believe there is no charge for ChampVA but they do have a small deductible. They also require Medicare "B," which is the primary insurance, if you are eligible. If not, the spouse is eligible to receive care at the VAMC and they seem to treat spouses better than vets. At least that's been our experience. ChampVA is very slow w/reimbursement. As for the dental, it's probably just like most dental insurance available to the public. jm

If I recall correctly the 8yr requirement brings additional monies. My ex remarried to another vet and helped him get his 100SC. They separated after 9+ yrs (not her fault). He died about 11 yrs later, in a VA contracted nursing type home, during the covid thing. She was technically still married to him and was listed as his NOK. The VA failed to notify her of his death. His brother stated he was not married and received the VA ins policy money. She found out he had died a little over 2yrs after his death. Once she proved she was the widow the VA only went back one yr of DIC. She appealed for the additional yr+ and is currently using Carpenter Assoc's. She should win due to all the errors the VA made. She currently receives DIC + the additional 8yrs monies, in additional VA bennies (ChampVA, VA mortgage, meds by mail and any other bennies a 100%SC vet would receive from the state). She's never been able to find out his cause of death(COD), b/c the brother stated, for the death cert, that he wasn't married. FL requires a court to change the death cert and she can't afford an atty to get it changed. FL only allows NOK to get actual COD.

Everyone remember, they are required to pay both ways and they are permitted to lie to you and cannot be held accountable for wrong info. If denied, you need to appeal, appeal, appeal. They will deny and usually the claimant will probably give up, eventually, as it's such a small amount of money. Just sayin'.

I was merely stating what I had read while researching and pursuing my claims over the yrs. I'm 100% positive of what I read & said. However, I am too old and no longer care to waste my time trying to prove anything to anyone. This site used to have some great posters and researchers here, but alas some have since passed, moved on or moved on to other sites. Hadit used to have a lot of traffic but doesn't seem to anymore. Sad, as t-bird has worked hard on it. I guess we'll just have to agree to disagree on my post.

I recall reading somewhere at a VA site that anytime a veteran is seen at a VAMC it is supposed to be considered a claim. I don't know if it was in the US Code, CFR's, M-21 whatever or a COVA/CAVC decision. I know the VA never does it but I do know what I read. It may be an old reg that's been changed, I have no idea. Just thought I'd throw it out there.

No harm in asking but I doubt it, unless you own the property. However, you never know w/the VA. jmo

My suggestion is if you are rated under any mental disorder, like PTSD, is to seek an increase. Many times, the VA ignores or misses evidence showing proof of the higher rating. You need not meet all the criteria of that percentage description but have to only meet one of the criteria needed. Check out all the conditions you are rated for. Getting to 100% is very difficult, using the ratings table and I would think be easier to get TDIU, if that's something you would qualify for. jmo

Sorry, but I've never found that the VA has accepted any records I have submitted, without securing the evidence directly from the source, of the evidence I've submitted. None of my documents have ever been falsified, nor would I ever consider doing anything like that. I was stating in simple terms what I believe and what I have seen. Also, if this was not true, why did it take 31yrs, to win claim, with evidence, that was submitted prior to the award. Things may have or be changing but that's yet to be seen. I guess we'll have to agree to disagree. Again, jmo.

A couple of things to know here: Any copies the VA gets, from you, they "probably" consider that they could have been altered by you, so they will most/always often get them directly from your med records source. Also, VA evaluators are evaluated basically by how quickly they move the claim from pile A to pile B(I know old style phrase, as everything is electronically, these days but I'm sure you'll understand what I mean). They also are never rated on how much of their work is done properly, just moving one pile to the next pile. Please note that these comments are my opinion only, based on 34yrs of dealing w/my claims.

Maybe my question wasn't clear? My point was that the combined ratings table shouldn't be used because they are penalizing the claimant who is already 100% rated, by using the table again. They've already used it once. If you are 100% you have basically a zero worth, so how can they use it again. I understand how they get there on the way to 100%. But using it a second time is wrong. I was pursuing that line on my appeals thru the BVA and CAVC, but before that issue was even discussed the court remanded it back to the BVA where they award me the SMC (s) HB, based on evidence in my original claim in '89. I'd kinda hoped I could that decided but didn't. 30+20+10 should equal 60! Period. Any of the cases I've read they've always used the combined ratings table and never discussed why. Sorry, it just irks me!

If a claimant already 100% schedular for a single disability/condition, why is the VA allowed to use the combined ratings table to get to the 60% needed to get an SMC(s) award?? From what I've seen in cases I've read, at the BVA & CAVC, the VA never lets it get that far. The way I see it is that claimant is already rated 100% and shouldn't have use the combined table. Once you are 100% the next ratings should be just added to total the 60% but that's not what the VA does. If anyone can explain it to me, I'd appreciate it.

Once the VA admitted that you had been diagnosed w/a "mental disorder" they were required to rate it. Failure to do so would be considered a CUE(clear and unmistakable error) and the result could be a EED(earlier effective date). As Berta stated, we need to see the decision document(s) where this is mentioned. If not already claimed the VA will often state "it's NSC (non-service connected)" and rate it with a percentage, many times zero%.