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Meddac

Chief Petty Officers
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About Meddac

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    E-5 Petty Officer 2nd Class

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    http://www.vethelpcast.com
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  • Location
    Texas

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  • Branch of Service
    USA

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  1. Better that he start by filing an increase in his S/C knee condition, and a secondary claim for the clot. VA would likely rate the blood clot condition with the knee, but it is possible that the overall percentage would increase. Special Monthly Compensation depends on a number of factors. It could be based solely on rating percentages of separate conditions and the overall percentage. Have a doctor perform an exam, fill out a VA Form 21-2680, and submit it. The information from that form will assess whether or not the Veteran can qualify for A&A or Housebound benefits. The completed form is sufficient detail for the VA decision makers to determine the extent that a disease or injury produces physical or mental impairment. It also addresses how the loss of coordination or enfeeblement affects the ability to dress and undress, to feed him/herself; to attend to the wants of nature, or keep him/herself ordinarily clean and presentable. Good luck.
  2. You can remain in the Guard if you choose to do so, and you don't seek to void the enlistment. The VA will recoup any Drill Pay you receive as they will get a report of the number of days you spent on Drill. When they get this report they will initiate the process to recoup from you the money that you received from Drill because you are not entitled to both payments.
  3. Appears that eBenefits has been doing this quite often lately from what I've heard. The 1-800 number may tell you that the RO has coded stuff incorrectly, but when I have checked into this it turns out that everything is fine. You are correct that eBenefits is not the way to go for updates. Reliable updates anyway. It may change soon like silverdollar22 says though. All I can say is that if your claims did close a few days ago then you should receive a letter from VA pretty soon.
  4. Is the 10% condition packed in with several other conditions? example: Was the Veteran already 30% overall in 12/2006, 40% overall in 5/2007, and 60% in 10/2007 when this new 10% condition was connected? The way that a 10% condition plays into an overall rating evaluation varies with what the overall evaluation is at that time. The disability calculator doesn't use simple addition math, and 10% won't impact the monetary part of an overall the same way every year. There are times when 10% conditions are literally invisible in the overall evaluation numbers. Heck, there are many people who are rated over 100% by simple math, but their VA rating is 90% overall.
  5. My website (vethelpcast.com) was hacked and the podcast show I have been doing was severely compromised over the weekend. It has all finally been shut down after working with the hosting companies this morning. I apologize to anyone that had been following along. I am looking to revamp things and move forward, but I will continue on this forum until things are ready (when the wife let's me spend the money ). I knew going in that there were risks of this happening, and I'm surprised it went as long as it did. Such is life I guess. Just wanted to let everyone that listens know.
  6. I keep seeing this over and over in the forums here. Must be a misconception here about the number of signatures involved with award amounts. The only time that additional signatures are required on an award is when it involves a retro of over $25,000. It then only requires the signature of the signature of Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or a person designated by the VSCM or PMCM (Coach or Assistant Coach in most cases). I made the last part of that bold because that is most often (99% of the time) where that third signature (VA calls it a "Concur") comes from. M21 III.v.2.A.2.c. is the reference regarding Award Processing Responsibilities. There is no signature involved beyond the third signature for awards over $25k. I have Concurred awards of over $250,000 before, and have seen awards Concurred for over $500,000.
  7. Sounds like (and I'm assuming) this was a BVA decision? That could be why it would have to go back to the RO. You called VA? The 800 number? They would have no idea of any retro (much less anything else that people call them about). If it is a BVA decision did they state a firm date for a grant of benefits in the order (which doesn't happen too often)? If the BVA did not state a date for the grant, and only stated that the benefit is granted, then Houston will decide the date(s) when they process the BVA decision. Your post is a little vague on what exactly the order was.
  8. You are absolutely correct. If a substantially complete claim was filed within the 365 day period from the ITF (and it appears that it was) then that becomes the earliest possible date of payment. That is the only claim you filed I assume. You didn't file a separate claim with the ITF, right? If you did then VA is correct.
  9. You can search BVA if you know who you're looking for I guess. It's loaded down with General Attorneys.
  10. gs is correct and it would be considered pyramiding, but the new overall evaluation is detrimental to the Veteran so I would think that VA could have done something that would at least leave the overall unchanged rather than forcing a reduction. That's just my opinion.
  11. NSC is confusing. It is first (and most often) a tracking for disabilities that have been previously denied so VA can easily see whether or not you are attempting to reopen a claim. If you are under 65 you need a condition rated NSC for Pension to justify P&T status A rating determination is required if the Veteran is not age 65 or older, or presumed to be totally and permanently disabled because he/she is a patient in a nursing home or VA approved medical foster home, or disabled as determined by Social Security. In order to establish entitlement to Veterans Pension, the following elements must be shown: service disability (which is rated NSC) or age of 65 years old, and income and net worth You don't need a condition rated as NSC (or a rater for that matter) if you are over 65 years: A rating determination of permanent and total disability is not required to establish eligibility for Veterans Pension when a Veteran is age 65 or older, or presumed to be permanently and totally disabled for Pension purposes because he/she is a patient in a nursing home for long-term care because of disability, or disabled, as determined by the Commissioner of Social Security (SS). I can work a Pension case from start to finish in about 30 minutes easily if the Veteran is over 65 years old. If they are under 65 then I would have to enlist a rater to rate a condition or multiple conditions as NSC for purposes of Pension. The rating code sheet clarifies whether a condition is NSC for Pension purposes or not. Outside of that it is purely administrative for the VSR to complete. The rating is basically "red tape" for a Pension case. Hope this helps some.
  12. It's currently a proposal, right? You can't NOD a proposed rating because it isn't final. You should immediately request a hearing (within 30 days of the proposal notice) to discuss the issue. Requesting a hearing will freeze the evaluation right where it is for the time being. If, however, VA goes ahead and reduces the overall percentage from 70% to 60% it will cause a debt for payment made following 60 days after the proposed rating date (which would be 10% of each payment in this case). example: Proposed rating on May 1, 2016. VA generates a suspense of 65 days (5 days provides time for mail processing). Reduction would occur in July, but would actually be reflected on the August 1 payment. If you request a hearing that is scheduled in early August then everything is frozen until the hearing happens. If that hearing doesn't prompt VA to reverse and they rate the same then it would be effective in July still (60-65 days following the proposed date) which would result in an overpayment for the August 1st check that was already received by the time of the hearing. If the hearing is scheduled in late August then it could result in an overpayment of 2 months at the 10% rate because the September payment might have already processed as well. If you request a hearing outside of 30 days of the proposal then VA will still reduce. If the hearing is successful then it would be restored over the months that the reduction was effective. Requesting a hearing to freeze things and presenting the evidence could help out. It could also backfire if the rater is not interested in hearing what you are saying. It's confusing, but it sounds as if a hearing is what you need to do.
  13. I'm no longer employed by VA, and the given information isn't completely accurate, but it does give you names of people employed by VBA. As far as privacy goes, I have no problem with people knowing who I am. Name is Charles (go by Chuck or various other names ). I'm out there and there is no amount of privacy protection that will ever completely disguise you (China has all of it anyway). Wanna find out more? The internet will give you plenty because nothing is really private anymore. The multitude of information that people at VA can see and have access to is almost limitless. Veterans, dependents, and even people who aren't a part of the system. Took all of 5 minutes in 2009 to find my real mother (who I hadn't seen in 30+ years), and find out that she passed in 2008. The systems are ridiculously simple, and are misused quite often. Heck, I could find out almost any information on almost anyone when I was there. Back to the topic: Calling the 800 number will get a note/email sent to the employee asking for a callback. Whether or not they will is completely up to that employee. Private attorneys have access to a direct number for the Private Attorney Coordinator(s) at the RO. They generally do not use a general contact number for the Regional Office. When I was in the Appeals section I dealt with attorneys (1 of 4 in the RO who did so), and my phone rang almost all day long sometimes with direct calls from them.
  14. It's only May 3rd. It's possible that a Notification letter has not reached you yet. Watching eBenefits will only make things worse. It's like watching grass grow on a windy day (always changing positions). You can send an IRIS inquiry to ask why the case was closed.
  15. You are correct, Navy. Applying for an Increase automatically triggers VA to order an exam which "could" lead to a process that includes a reduction in the percentage assigned. Shouldn't be that way, but I can solemnly swear that I have witnessed reductions based on one exam alone rather than two separate exams. It's a slippery slope with VA. Depends a lot on the rater that decides your case.
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