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kamaka57

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Everything posted by kamaka57

  1. If you are a Vietnam vet, who served in Thailand between Feb 28, 1961 and May 7, 1975, you may have been exposed to herbicides and may NOW qualify for VA benefits. If applicable, please read the following Feb 15, 2011 Department of Veterans Affairs' publication dealing with this issue. To view / read please click on the link below: http://www.publichealth.va.gov/exposures/agentorange/thailand.asp Please remember to get a nexus letter from your doctor / specialist that links your herbicidal, namely Agent Orange (AO), related disease to military service in Thailand. IMPORTANT: This nexus letter should include the following phrase: I sincerely believe Mr / Ms _____________'s _____________ (Herbicidal disease) is more likely than not related to his / her military service in Thailand. Additionally, include your DD214, the above Feb 15, 2011 VA publication, and your nexus letter with your VA Form 21-4138 claim request.
  2. AO/Herbicide Exposure in Thailand If you are a Vietnam vet, who served in Thailand between Feb 28, 1961 and May 7, 1975, you may have been exposed to herbicides and may NOW qualify for VA benefits. If applicable, please read the following Feb 15, 2011 Department of Veterans Affairs' publication dealing with this issue. To view / read please click on the linkbelow: http://www.publichea...ge/thailand.asp Please remember to get a nexus letter from your doctor /specialist that links your herbicidal, namely Agent Orange (AO), related disease to military service in Thailand. IMPORTANT: This nexusletter should include the following phrase: _____________ (Herbicidal disease) is more likely than not is related to his military service in Thailand.
  3. Berta, See link below for important smc (s) support documentation: http://veterans.house.gov/Media/File/111/7-23-09/VAFastLetter.htm Kamaka
  4. Berta, See link below for important smc (s) support documentation
  5. Berta: See links below for additional support data for SMC (S): BradleyV Peake – 11/26/2008 http://www.dav.org/v...ins/2009-10.pdf VAOPGCPREC 6-1999 Withdrawn http://edocket.acces...0/2010-5008.htm VAFast Letter: Special MonthlyCompensation at the Statutory Housebound Rate http://veterans.hous...AFastLetter.htm Kamaka
  6. Berta, Your prayers are answered. Sample template for SMC (S) benefits is listed below: ************************************************************************ Request this veteran be awarded SMC (S) for Housebound Benefits effective _________________ . On this date, this veteran’s SC disability ratings were: . _____________ – TDIU . _____________ - ___% . _____________ - ___% . _____________ - ___% . _____________ - ___ % Accordingly, this veteran was entitled to Housebound benefits by statute (without demonstrating need) on this date per Bradley vs. Peake, where the CAVC ruled: - “Section 1114(s) does not limit ‘a service-connected disability rated as total’ to only a schedular rating of 100 percent—it includes a disability that supports TDIU. - 38 C.F.R. § 3.103(a) - If the veteran is monetarily advantaged by having just one service-connected condition support a total TDIU rating and the veteran has other service-connected conditions that combine to 60 percent, the VA is obligated to rate the case to maximize the benefits that can be paid to the veteran. The VA is obligated to render a decision which grants every benefit that can be supported in law. - 38 U.S.C. §§ 5110(a), 1114(s); 38 C.F.R. § 3.400(o) - SMC benefits must be granted when a veteran becomes eligible without need for a separate claim, any effective date must be based on that point in time when the evidence first supported an award of SMC, which may be well before the veteran raised this issue.” Request de Novo review for this claim. *************************************************************************** Hopefully, this template will help many vets obtain their deserved SMC (S) benefits. Happy Holidays.
  7. Here's the data you're looking for: Badley V Peake – 11/26/2008 Source: http://www.dav.org/veterans/documents/bulletins/2009-10.pdf Compensation and Pension Service Fast Letter 09-33: Special Monthly Compensation at the Statutory Housebound Rate 38 U.S.C. § 1114(s) provides that SMC at the (s) rate will be granted if a veteran has a service- connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or (2) is permanently housebound by reason of a service-connected disability or disabilities. VA’s implementing regulation at 38 C.F.R. § 3.350(i) essentially mirrors the statutory language. Prior to the CAVC’s decision in Bradley v. Peake, VA excluded a rating of total disability based on individual unemployability (TDIU) as a basis for a grant of SMC at the (s) rate. VA relied upon language in citing VAOPGCPREC 6-99, dated June 7, 1999, in which the General Counsel stated that a TDIU rating takes into account all of a veteran’s service-connected disabilities and that considering a TDIU rating and a schedular rating in determining eligibility for SMC would conflict with the requirement for “additional” disability of 60 percent or more by counting the same disability twice. On November 26, 2008, the Court, in Bradley v. Peake, disagreed with VA’s interpretation and held that the provisions of section 1114(s) do not limit a “service-connected disability rated as total” to only a schedular 100 percent rating. The Court found the opinion too expansive because it was possible that there would be no duplicate counting of disabilities if a veteran was awarded TDIU based on a single disability and thereafter received disability ratings for other conditions. The Court’s holding allows a TDIU rating to serve as the “total” service-connected disability, if the TDIU entitlement was solely predicated upon a single disability for the purpose of considering entitlement to SMC at the (s) rate. The Court held that the requirement for a single “service-connected disability rated as total” cannot be satisfied by a combination of disabilities. Multiple service-connected disabilities that combine to 70 percent or more and establish entitlement to TDIU under 38 C.F.R. § 4.16(a) cannot be treated as a single “service-connected disability rated as total” for purposes of entitlement to SMC at the (s) rate. Based on the Court’s decision in Bradley, entitlement to SMC at the (s) rate will now be granted for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability and (1) there exists additional disability or disabilities independently ratable at 60 percent or more, or (2) the veteran is permanently housebound by reason of a service-connected disability or disabilities.
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