shag

February 2, 2010

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

January 2, 2010

iI'm all for Quality Control, but it would be nice if the vetern was notified that this is happening, but we are left in the dark most of the time. I'm not in as bad as some verterns are on needing the money they are owed, but if I was sitting here and it meant the difference of paying the electric bill or food as it is with some people then it would be a major thing to know. I was just concerned that I hadn't heard anything. There always needs to be a checks and balance system to keep thing fair, but I believe that sometimes after we have sacrificed everything to our country, we are just left in the dark and to the average citizen out there we are quickly forgotton once we have become too old to no longer provide a service to them. Most of us could have went into the civilian sector and made far more money and probably more retirment than we get and then we seem to get jacked around everytime we try to get a few dollars for a justified reason. Sorry to get so long winded but I just get up set when I see whar happems to so many veterns that gave their entire lifes blood to protect the country. It doesn't mater what the job was we just followed the orders of those above us and then we gave up family events because service before self. We still have our pride though, after most C/P exams we don't have much dignity left. Thanks for all the anwsers to my questions, I salute anyone who gave what they had of their lives to make it so that people of this country can say and do as they wish. I sometimes wish they would make a law that everyone should have to serve at least two years in the military. I know that some of you disagree, but then if they did maybe they would have alittle more respect for the people who gave all of our lives for the country. Hold your heads high, it wouldn't be America if it wasn't for us. MSgt Retired United States Air Force

November 10, 2009

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.

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.

November 10, 2009

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.

November 10, 2009

akwidow....

I appreciate your response. I'm not disappointed as there is a 30 day period of time to submit the evidence that the RO obviously didn't forward to AMC. If they had, it would have been listed in the evidence portion of the SSOC we just received. There were errors in the SSOC denial for sc we received in August 2008 and they should have been addressed at that point by our SO as requested and they were not. Regardless, it's up to the Veteran to provide the supporting evidence to the VA or how would they know it even exists? The assumption that the claim would naturally progress through the appeals process and the errors would be corrected was a reasonable expectation on our part. Wrong. If anything, I should have sent a NOD of the Sept. 08 SSOC, and had I known now what I know now, I would have done just this.

I was also advised that if you have a SO going into an appeal that you can't drop the SO until the appeal is past the Board's videoconference. In caring for a chronically ill husband, it's very easy to believe your SO will handle the situation and not realize the fact that it's really up to the Veteran. My primary focus was the care of my husband and if I erred at all in the process of his claiml, it was my assumption the SO would handle it.

In the meantime I have drafted a rather specific NOD to the current SSOC from AMC as we have those 30 days to respond and why. This is a very clear claim that should be sc and it has fallen into the cracks of the unknown, very specific errors were made in the Sept. 08 SSOC, and the AMC were not afforded the entire file to include all of the evidence we submitted in Jan. 09 for review. Lay person statements were admitted into the portion of my husband's claim that has already been sc, however the lay person statement written 3 1/2 months earlier for the appealed portion of his original claim were not allowed. How could they accept the layperson statement writtten in Dec. 04 that actually ended up being the slice of pie that sc him for a portion of his original claim and the layperson statement written in Sept. 04 not be allowed into the evidence as it was "too long ago to be accurate".

There were originally 2 issues on appeal, we dropped 1 because we received a more probable diagnosis than PTSD and how in our heart of hearts could we claim PTSD when in fact it's not the correct diagnosis.

If anyone has any input regarding a CFR or additional thoughts to be sure that I include in this NOD, please let me know. I believe that once they receive and review the NOD and the reason's why we disagree, they will sc my husband on the appealed portion of the claim. The original claim was filed in 2/03.....almost 7 years later. I know there are many, many Vets whose claims are older and I feel for them/you as I know you feel for us.

I appreciated whole heartedly any advice.

VetsLady

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.

November 10, 2009

How would the BOD rule apply IF the evidence was submitted in support of a TDIU claim at the RO when the main file was in DC with the Board. The TDIU claim was denied, the development of the Appeal was begun after the TDIU claim was denied as per instructions from the VLJ. RO had two separate claims folders set up for the Veteran, 1 temp for the TDIU and 1 main file that was in DC.

If the Veteran submits all of the evidence to the RO and RO doesn't forward the evidence to DC to be included with the main file, who would really be responsible and wouldn't this be considered "evidence of record"?

RO has the evidence, appeal went to AMC who denied the claim based on the "evidence of record" - however, "all of the evidence of record" was not available to the rater at AMC who denied the appealed claim.

Would it not be a reasonable expectation that RO would forward the temp file and it's contents to DC to be included in the main file? Seems a little bassackwards for RO to wait until the main file returns to include the evidence in the temp file. Seems logical that if evidence is submitted by the Veteran then it's evidence submitted to the Secretary and should be considered.

The Veteran is of course my husband, and we have 30 days to respond. The white envelope came last week and none of the evidence that was submitted to RO was included in the evidence considered section.

Needless to say, we were stunned. We had every reason to believe that RO would have sent this file and, had we not, I would have definetly forwarded to the Board immediately, which would have been several months ago. If evidence is submitted to the RO wouldn't it be considered to have been submitted to the VA, including the Board?

What to do......need advice.....

We had BOD rule apply in a former claim as we could prove my husband set foot in Vietnam (he was stationed as a Marine onboard a ship along the DMZ that pulled into DaNang several times for top secret meetings and this is where he had to disembark the ship. The evidence of record on the VA side didn't show the ship ever pulling into DaNang however.......with layperson statements, a map that came from the ships official "scrapbook", photographs of the ship in the Harbor and my husband on land with the CO, it was considered equipose and they could not deny the claim.

I get the equipose in this situation but how can it be applied in the RO/Board situation?

Update: *** I am now drafting our response to the AMC and it suddenly occured to me that the Remand specifically mentioned the Veteran had filed a TDIU claim and referred the TDIU to the RO for adjudication. So, would it not be a reasonable expectation for the Veteran to take for granted that the Board and AMC are aware of the pending TDIU action and would associate the temporary claims folder for the TDIU action with the main claims folder that is with the AMC?

November 10, 2009

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

November 10, 2009

To anyone researching "Benefit of Doubt".

Please remember that there are many, many situations when
"lay" evidence won't be considered one little bit.

Example: Lay evidence
My wife wrote the VA a letter stating that ever since I felt I
had broken my toe in AIT - I have walked with an abnormal gait.

This Lay evidence,on it's own, more likely than not, will not be
afforded any consideration in the rating decision.

In some situations,there is specific medical evidence,
that will not be afforded any consideration as evidence, in the rating decision.

Example: Medical evidence

My new PCP wrote in a progress note, that I have a Hearing Loss
and bilateral Tinnitus that is related to noise exposure and acoustic trauma
from active duty.

This Medical evidence, on it's own, more likely than not, will not be
afforded any consideration in the rating decision.

It should be enough to help get you a C&P examination from Audiology.

I feel the most important factor to be considered, for the VBA
to apply the Benefit of the Doubt reg is that the evidence must
reach a state of relative equipoise.
If this occurs, then the benefit of the doubt rule should be applied.

It is important to study what type of information and from whom,
will actually even be considered as legitimate evidence that will be
afforded some weight by the VBA.

I have seen some VA claimant's work hard on obtaining evidence that in the end,
when it got to the decision maker, did not even begin to count as probable
or credible evidence, and did not have any weight afforded to it during the rating
process.

jmho,
carlie

October 2, 2009

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

August 19, 2009

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.

August 19, 2009

http://supportyourvet.org/

April 17, 2008

Shaq:

I am messed up compared to what I once was. I realize that do to the system I am damn lucky to be getting what I am as most of my symptoms that got me the S Award are more due to stuff I have that is not service connected. I am actually sort of in a conundrum as I still shake my head cause when I was awarded 100% I should have at least been considered for S award as I had diagnosed agoraphobia the second part of the law.

So I was awarded SMC and still do not know why cause I do not have a statement of the case although I appealed it and asked for a DRO review. My hearing officer at the review was the guy who messed up when I got the award.I got my no in 3 days.

So my dilemma is to pursue my back pay or give up and go fishing?

You are right Pete. I quit.

shag

March 15, 2008

Chuck75 and Berta,
Thanks for the replies. You are exactly right all those add up to 10%. I did get a Statement Of Claim, but do not know about a bilateral factor. I could get 20% if a group of joints were affected. You are right I got low-balled. I have deformity and have lost 2" of height. Also wearing VA issue braces on the legs. Two VA doctors knew my condition was SC and made the notes. They gave the civilian doctors statements credibility. My employer has given me Special Accomodation so I'm thankful for that.
Regards "Old 5311"

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.

March 11, 2008

I am 100% plus SMC and married and get 2971 a month. With all the information I have no idea how they compute the rates.

It is my understanding that the quality of life issues may arise our pay up to 25% at the year end. I hope so cause our 2.3% Cola is not keeping up with this years 40% increase in food and the 32% increase in gas price last 12 months alone.

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

March 11, 2008

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

"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.

March 11, 2008

This is from the VA web site:

Special Monthly Compensation (SMC) is a rate paid in addition to (i.e., SMC (K)) or in place of 0% to 100% combined degree compensation. To qualify, a veteran must be disabled beyond a combined degree percentage or due to special circumstances (i.e., aid and attendance, loss of use of one hand, etc.). SMCs are referred to by the letters (K) through (R.2). These alphabetic designations follow the paragraph numbering system in 38 U.S.C. §1114 (also see references to that in 38 CFR §3.350 below).

As it reads K is the only award that is paid "in addition to", all others are paid in place of. If you look at the rate tables you will see that for a vet alone the 100 percent rate is 2527.00. Now look at the SMC rates for a vet alone who is authorized a SMC of L. You will see the rate is 3145.00. Therefore, the vet will draw the higher rate of 3145.00 which means the SMC (other than K) is paid in lieu of.

I surely hope that you did not think the vet would draw his 100 percent at 2527.00 and then in "addition to" the 3145.00. That would be a total monthly compsentation payment of 5672.00. Jez, the VA is actually a very good disability system once you break that initial claims hurdle but they ain't stupid. Summary SMC K is paid in addition to.....all others are paid in lieu of (as long as they exceed the regular monthly comp payment - veteran always gets the higher of the two).

Now I guess one could break it down this way. Vet gets his regular monthly comp payment PLUS the difference between regular monthly comp and the total SMC - that would be "in addition to" if you looked at it this way. 3145.00 -2527= 618.00 --- so the vet would get his 2527.00+618.00 SMC which equals 3145.00. See vet is getting his normal payment and in addition to that he is getting 618.00 SCM. Long way around the cherry tree but it meets you definition. Just go the short route as the VA has published and say if qualified he gets the higher amount in lieu of normal compensation!!!

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

March 8, 2008

GWV,
You don't get 70% + SMC "L". The only SMC that is added to any rating is "K", all other SMC ratings are paid instead of regular monthly compensation. The "K" award is allowed for any rating from 0% to 100%. You may collect up to 3 "K"" awards at any one time. All other SMC's require at lease 100%. "K" may be added to any other SMC up to "N 1/2 +3 K". You are not allowed to add "K" awards to "O", "R1" and "R2" ratings.

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

March 8, 2008

GWV,
You don't get 70% + SMC "L". The only SMC that is added to any rating is "K", all other SMC ratings are paid instead of regular monthly compensation. The "K" award is allowed for any rating from 0% to 100%. You may collect up to 3 "K"" awards at any one time. All other SMC's require at lease 100%. "K" may be added to any other SMC up to "N 1/2 +3 K". You are not allowed to add "K" awards to "O", "R1" and "R2" ratings.

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.

January 26, 2008

Rocky,
A lot of us face the same problem that is when added our disabilities total over 100 in my case added together my disabilities come too 200, but only combine at 93.38%. To answer your question no you are not doing anything wrong. The excel program is based on the combined rating table that the va uses. Under the combined rating table no one can be more that 100% disabled. However many veterans are paid compensenation for more than the 100% rate. There are a number of reasons for this. Some like you are rated 100% for one problem and then have an additional disability seperately rated over 60%. This entitles you to payment for Housebound or the "S rate " Special monthly compensation which is $300.00 in addition to the 100% rate. Other veterans receive different special monthly compensation based on loss or loss of use of a limb or blindness, or maybe they need aid and attendance. It is so important for all veterans to learn the different levels of special monthly compensation yet this is one of the most misunderstood aspects of va compensation, (even I have trouble understanding the goobly gook). I hope this answers your question.

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

January 13, 2008

OK, after more than a little research... I am left with the following conclusion. Housebound rate of s is lower than L1/2. Nope it makes NO sense but... thats the case. Title 38, section 1114 (s) is clear on it, and I followed the historical path backwards thru the comp rates to 2002. So I am actually being paid More $3,473 at L1/2 than I wouls be under (s)....

Makes no sense.. but go figure.

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