shag

WTF - ha that's what the rest of the calendar days say after Monday and Tuesday. : )

By the way,,,,I was just lucky to get started right before these real situations started for you new guys. I hate it for you,,,and I do not understand.

For those who cannot figure out the answer to these questions,,,,,the answer is: Lose a record,,,,your butt is grass and a fine and halfway to the monkey house. Misplace a record,,,,,your butt is grass and a fine and loss of freedom and halfway to the monkey house. Misrepresent something or falsefy a record ,,,,your butt is grass and halfway to the monkey house. Hide a record in a drawer ,,,,,,,your butt is grass and a fine and halfway to no freedom.

And which planet are you from, where logic is king? Please read my earlier post......If you can answer the questions,,,please post them so that I can understand.

I really just have a question considering all that has been reported on this and other blogs. Let me preface this with,,,,I do believe that SOME people care at the VA......That being said,,,,,the question is: Do you "Really" in your heart of hearts think that the majority of these folks are interested in following the laws set up for veterans? I don't know,,,,,it's like my faith...I can only hope and pray that they do...There are vets though,,,who, according to some of the posts here,,,have sent requisite material and it (got lost, wasn't considered, misplaced,,,,etc.) Now just one more question,,,,,since we are all vets,,,,,What do you think would happen if you were handling records like this when you was on active duty? I don't think most of us would have to think very long to know the CORRECT ANSWER. Is it the same government, under some of the same management that was on active duty? What happened? LL

The Navy policy in the 1970's going forward was "get down on your _ _ _ _ _ _ _ _ knees wog. "NOW" he he he he he he

Although it is not Hadit.com and offers something different. Just a vet site,,,,,,no forum. Of course,,,,,what could be as good as Hadit. Thanks guys. My way of giving back a little.

http://supportyourvet.org/

You are right Pete. I quit. shag

Hey Old 5311, You might want to ask some of these guys about VA math. Don't quote me because I am not an expert, but I think using VA math you might be rated 70% schedular. Also, as they said earlier, you might get TDIU, or even SMC at some rate since you said you have major mobility issues. Berta and Pete probably know the most about that. OH,,,there's always Tincanman, Cantamont, Rick or well, you get the point. Good luck.

Hey Pete, We are in the same boat in ref to 100 percent plus smc. The thing is that, yes, we get what we get. However, when trying to reconcile what is being presented and the history of the benefit, I find that, in my HUMBLE opinion, the laws, rules, and regs say one thing, but the actual operation is being done quite differently. Have you seen,,,,,,,,,anywhere,,,,,,,,,in the regs that the scheduled compensation is subtracted from the smc to determine the amount of smc. Ricky stated that "I suppose you could........." That's not how the government operates. Things are SPELLED OUT in PLAIN ENGLISH. Now, I will concede that what was written is not necessarly what was meant, however, what is written in law is written. If that is not what the Congress meant, (i.e. SMC is paid in addition to) then they could just as easily have stated that. If the 100 percent amount was included in the monthly computation for smc, I am sure that with the entire US Armed Forces behind them, they would have no fear in saying that the smc amount was inclusive of the 100 percent. Have you seen that anywhere? I mean where do they say it is inclusive, (a memo, a reg, an instruction, a SOP, anything from anywhere that says the housebound smc is $300.) Oh, please remind Ricky et.al. to be careful with the (ass-u-me) because that is what he admits doing. SMILE

"Laws passed by Congress cannot achieve their desired result unless those who are intended to benefit from them are made aware of their existence." The Honorable Shelley Berkley 2005.

Commonly known as VOODOO Economics. I saw that on the VA site, but let me assure you that is the only place in the VA system you will see that line. The only exception is where 38cfr 1114 is explaining the k benefit. Look at the paragraphs and think English 101. Listen, I am not attempting to put a craw in your jeans, but there is nowhere you can show me that the computation is done in that manner. In fact, this is what the GAO reported to the President of the United States. Also, I have included a study done for the VA. Please, Please, Please send me comments on this. scribe33@sbcglobal.net GAO Report - http://www.gao.gov/htext/d064.html Disability compensation benefits for permanent total disability: Among the programs we reviewed that provide disability compensation benefits, all provide greater benefits for permanent total disability than for permanent partial disability.[Footnote 38] For military veterans, the monthly payment for total disability is increased substantially over the amounts available for partial disabilities. For instance, the $2,299 monthly payment in 2005 for a 100 percent disability rating is over $900 per month more than the payment for a 90 percent disability rating (see earlier table 2). In addition, VA provides an enhanced set of compensation payments for certain severe injuries above and beyond the compensation provided for permanent total disability with a 100 percent rating. These higher special monthly compensation (SMC) payments are for military veterans who sustain particularly severe injuries, such as amputations, blindness, or other loss of use of organs and extremities. As described in table 9, the SMC rates are designed to account for attendant care or other special needs deriving from the disability. Table 9: Basic Total and SMC Rates for VA Disability in 2005: Basic Total Disability Compensation Rate: Disability rating: 100%; Monthly payment: $2,299. SMC Rate Category Description: SMC-L: Loss of use of more than one extremity (hand or foot), blindness, permanently bedridden, or in need of regular aid and attendance; Monthly payment: $2,860. SMC Rate Category Description: SMC-M: Loss of use of extremities (hand or foot) with complications, or more severe blindness, rendering need for regular aid and attendance; Monthly payment: $3,155. SMC Rate Category Description: SMC-N: Loss of use of extremities (arms or legs) and unable to use prostheses, or even more severe blindness; Monthly payment: $3,590. SMC Rate Category Description: SMC-O/P: More severe injuries, or multiple injuries each entitled to special compensation; Monthly payment: $4,012. SMC Rate Category Description: SMC-R.1: Any injury entitled to special compensation in categories SMC- N or SMC-O/P and in need of regular aid and attendance; Monthly payment: $5,734. SMC Rate Category Description: SMC-R.2: Any injury entitled to special compensation in categories SMC- N or SMC-O/P and in need of a higher level of care; Monthly payment: $6,576. SMC Rate Category Description: SMC-S: Multiple injuries, one rated at 100% plus another rated at 60% or more, or injuries causing the veteran to be permanently housebound; Monthly payment: $2,573. Source: Department of Veterans Affairs. Note: Plus, SMC-K provides for an added $84 for each loss due to certain types of injuries (such as anatomical loss of use of certain organs or extremities), up to a total maximum monthly payment of $4,012, not including dependents. Added increments are also provided for each dependent if the disability is rated 30% or more (with the amount of the increment varying by level of injury and type of dependent). How is the SMC computed? One argument with VA is that the Congress would not give authority for each person handling a claim to arbitrarily assign an amount to SMC. The rate is and has always been set in statute extending back to 1925. Now considering that the system, according to the experts in this, has not been altered in its essence (i.e. there is the schedular system, the (added) Special Monthly Compensation system, and what has now become an SMC but is the A&A/Housebound Rate.). For instance, there is there is a specific amount provided by the Schedular Rate Table (the 0 - 100% scale) for each 10 percent increment of disability. The same holds true for the Special Monthly Compensation Rate Table. Each sub-paragraph (lettered K-S) has a specific amount of compensation assigned to it. Now, the problem is this. VA reps seem to be trained to subtract the schedular rate from the SMC rate in order to come at the amount of SMC. After MUCH research, it is impossible to find where that formula might be found. What can be found is this from the VA 2004 Legislative Study of the Comp System. The study was done for VA Office of Policy, Planning and, Preparedness "Benefit Amounts and Disability Rating Schedules Over the years, one of the best indicators of the intent of Congress regarding the purpose of disability compensation has been how it sets compensation. The following section shows how compensation rates for specific disability percentage ratings have changed over time. In August 1939, Congress published a rating schedule that was to become the basis for future increases in the rate of compensation to disabled veterans (Pub. L. No. 76-257). One of the most striking features of this schedule was its perfect linearity, beginning at $7.50 per month for a veteran with a 10% disability, increasing by $7.50 for each additional 10 percent, and topping out at $75 per month for a 100% disability rating. Even though basically linear, certain kinds of disabilities received additional compensation. For the loss of the use of an eye, foot, or hand, monthly compensation was $18.75 per month. For loss of the use of both hands, both feet, or some combination thereof and in need of “regular aid and attendance,�� the monthly amount was $112.50. At the high end, for severe disability, monthly compensation was $187.50. Although for losses such as those indicated, there were increases in compensation, as shown in Figure 4, the basic linear model persisted until 1957. Beginning in 1957, Congress introduced differentiation for veterans who were 100% disabled. This may be a response to the Bradley Commission report, which showed, among other things, that veterans’ median annual earnings were substantially lower for those rated at 100% disabled." Thus, it would seem that once the 100% schedular rate has been reached, (the compensation table does not convert, nor does it disappear, rather it becomes a given). Then, the Special Monthly Compensation is added to that (100% schedular) by the specific amount stipulated by the SMC letter designation. To further expound on this. When looking at the way the rate tables were set up initially, it is not hard to notice that the schedular scale was and is separate from the SMC scale. For instance, to get to the $187.50 amount mentioned earlier, the 100% schedular rate of $75.00 was added to the Special Monthly Compensation amount $112.50. What follows is another quote from the same study: "Congress could have built these exceptions into the rating schedule itself but did not. For example, if losing the use of an eye, hand, or foot is to be compensated an additional amount per month, one approach would be to build the additional compensation into the rating itself or similarly specify that a given disability rating be increased by 20 or 30 percentage points to achieve the desired level of compensation. For reasons not evident in the legislation nor in testimony and reports reviewed, Congress instead chose to provide explicit enhancements above and beyond the percentage disability schedule. Although Congress did not state it directly, it is reasonable to infer that Congress’ intent was to compensate for loss of quality of life." What say ye

where did you see this? I have NEVER seen this information.

YO Boats....Where, do tell, did you get information that says SMC ratings are paid "instead of"? The only thing I have ever seen, and I have reviewed tons of literature on the subject, is SMC ratings are "in addition to". Please refernce your quote as to WHERE you found that information. You may email me at scribe33@sbcglobal.net. As a matter of by the way, I truly hope you will because I would like to review it. That may help me understand some things.

Can you PLEEEEEEEEEESE show me on any chart where it says the housebound rate is $300. I am standing by.

see the following quote Vike, Thanks for firing this right back. I appreciate it. To some extent you have answered my question. Nevertheless, everybody I talk to at the VA seems to have each his or her own translation of the regs. Yep. What Dave said was pretty straight forward. But, how is the SMC computed? One argument with VA is that the Congress would not give authority for each person handling a claim to arbitrarily assign an amount to SMC. The rate is and has always been set in statute extending back to 1925. Now considering that the system, according to the experts in this, has not been altered in its essence (i.e. there is the schedular system, the (added) Special Monthly Compensation system, and what has now become an SMC but is the A&A/Housebound Rate.). For instance, there is there is a specific amount provided by the Schedular Rate Table (the 0 - 100% scale) for each 10 percent increment of disability. The same holds true for the Special Monthly Compensation Rate Table. Each sub-paragraph (lettered K-S) has a specific amount of compensation assigned to it. Now, the problem is this. VA reps seem to be trained to subtract the schedular rate from the SMC rate in order to come at the amount of SMC. After MUCH research, it is impossible to find where that formula might be found. What can be found is this from the VA 2004 Legislative Study of the Comp System. The study was done for VA Office of Policy, Planning and, Preparedness "Benefit Amounts and Disability Rating Schedules Over the years, one of the best indicators of the intent of Congress regarding the purpose of disability compensation has been how it sets compensation. The following section shows how compensation rates for specific disability percentage ratings have changed over time. In August 1939, Congress published a rating schedule that was to become the basis for future increases in the rate of compensation to disabled veterans (Pub. L. No. 76-257). One of the most striking features of this schedule was its perfect linearity, beginning at $7.50 per month for a veteran with a 10% disability, increasing by $7.50 for each additional 10 percent, and topping out at $75 per month for a 100% disability rating. Even though basically linear, certain kinds of disabilities received additional compensation. For the loss of the use of an eye, foot, or hand, monthly compensation was $18.75 per month. For loss of the use of both hands, both feet, or some combination thereof and in need of “regular aid and attendance,�� the monthly amount was $112.50. At the high end, for severe disability, monthly compensation was $187.50. Although for losses such as those indicated, there were increases in compensation, as shown in Figure 4, the basic linear model persisted until 1957. Beginning in 1957, Congress introduced differentiation for veterans who were 100% disabled. This may be a response to the Bradley Commission report, which showed, among other things, that veterans’ median annual earnings were substantially lower for those rated at 100% disabled." Thus, it would seem that once the 100% schedular rate has been reached, (the compensation table does not convert, nor does it disappear, rather it becomes a given). Then, the Special Monthly Compensation is added to that (100% schedular) by the specific amount stipulated by the SMC letter designation. To further expound on this. When looking at the way the rate tables were set up initially, it is not hard to notice that the schedular scale was and is separate from the SMC scale. For instance, to get to the $187.50 amount mentioned earlier, the 100% schedular rate of $75.00 was added to the Special Monthly Compensation amount $112.50. What follows is another quote from the same study: "Congress could have built these exceptions into the rating schedule itself but did not. For example, if losing the use of an eye, hand, or foot is to be compensated an additional amount per month, one approach would be to build the additional compensation into the rating itself or similarly specify that a given disability rating be increased by 20 or 30 percentage points to achieve the desired level of compensation. For reasons not evident in the legislation nor in testimony and reports reviewed, Congress instead chose to provide explicit enhancements above and beyond the percentage disability schedule. Although Congress did not state it directly, it is reasonable to infer that Congress’ intent was to compensate for loss of quality of life." What say ye I am sorry, but you are advising vets in error. This has been going on a long time from what I gather