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grent
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Posts posted by grent
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What is your total rating?
ABOUT 10 SCS FOR A TOTAL OF 100% P AND T
IF A VETERAN HAS LEFT LEG DAMAGE FROM SPINAL CONDITIONS AND LEFT ARM PARALISIS FROM IN SERVICE INJURY CAN SHE RECEIVE SMC O / P
THKS
GT
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HI
I WENT BACK THEIR AT 0430 TODAY AND IM ABLE TO START LOOKING AT CASES AGAIN SO IT LOOKS LIKE ITS FIXED
THKS
GT
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TDIU maybe?
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TDIU maybe?
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it must be down ive been trying all day. google your questions about your disabilitys for now
THANKS SO MUCH I HAVE BEEN TRYING TO LOOK AT CASES AND NOTHING IS COMING BACK BUT ZERO
I HAVE A 1 800 BVA WASH DC WILL CALL THEM TOMORROW AND I WILL REPOST ANY INFO I GET FROM THEM HERE SO I KNOW YOU GOT IT
MY BVA CASE IS BEEN PENDING NOW FOR TWO YEARS I CALL THE LAWYERS NEVER IN NEVER CALL ME BACK
WILL TALK TO YOU TOMORROW ON WHY THE BVA OR THE BVA SAID TO ME ABOUT SEARCH CASES NOT WORKIN
THANKS AGAIN
GRT
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IM HAVING TROUBLE PULLING UP CASES ON THE BVA SITE I TRY USING SEARCH IN THE UPPER FAR RIGHT AND THEN THE BAR OFF TO THE LOWER LEFT AND NOTHING COMES BACK CAN SOME ON PLEASE HELP ME OR SHOW ME HOW TO LOOK UP CASES FOR HIGH BLOOD PRESSURE CERVICAL AND LUMBAR ISSUES ON THE BVA AITE VERY DIFFICULT TO USE
I CLICK ALL YEARS NOTHING COMES BACK
THX
GRT
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I HAVE ANOTHER QUESTION FOR THE FORUM.
IF A VETERAN HAS ALREADY BEEN RATED FOR CERVICAL AND LUMBAR INJURIES AND HAS ANOTHER SEPERATE 100% SC
CAN THE VETERAN RECEIVE SMC IF THE LUMBAR AND CERVICAL ISSUES ARE CAUSING
HIM URINARY, BOWEL AND WALKING PROBLEMS IN THAT HE HAS TO RENT A WHEELCHAIR OR WALKER TO GET AROUND ?
THNKS
GRT
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I HAVE A QUESTION ON HIGH BLOOD PRESSURE.
IF A VETERAN HAS HAD HIGH BLOOD PRESSURE AS SECONDARY TO BEING AWARDED CERVICAL AND LUMBAR SERVICE CONNECTION
IN OTHER WORDS>>>>>>>>
COULD THE VETERAN RECEIVE 100% RATING FOR THE HIGH BLOOD PRESSURE SINCE HIS CHRONIC BACK PAIN BOTH CERVCIAL AND LUMBAR PAIN WHICH HE IS SERVICE CONNECTED FOR ALREADY IS CAUSING THE HIGH BLOOD PRESSURE AND HE IS ON HIGH BLOOD PRESSURE MEDICATIONS ALREADY????
THANK YOU
GRT
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if a veteran is scheduler 100% P and T
and one of his sc's is 100% PTSD can a veteran work and make as much as he wants??
Or if he does work can the VA move to suspend, reduce or take away any SMC or any K awards
i know if you have A and A attached to SMC I think i read you cannot work but if you do no have an A and A and just have SMC without an A and A award you can work and make as much as you want
could the forum please clarify my question I hear a lot of information but not sure if tis correct.
Thk you again
Gt
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I would like to know after a veteran gets a Bachelors Degree can he still re-apply to voc rehab for graduate school?
how long does a veteran have before his voc rehab expires?
thx gt
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Yes and yes. The veteran need only meet one (1) requirement of the 100% criteria to qualify for a 100% rating. Obviously, the more criteria, he/she meets, the easier it is to get the VA to rate 100%. Don't count on the VA to voluntarily look for anything.
pr
Most of the cases i read @ bva web site end with bva judge saying complete social and occupational impairment veteran is here by awarded 100% PTSD the doctors who comment seem to by pass the anger issues and focus on whether a veteran is able to1 maintain relationships and be 2 able to work in a work type setting when he is not able to then he is awarded 100% but in my opinion i would say the underlying causes for that could be anger and poor behavior or what VA terms as loud out burst of anger or innapproriate behavior
i see what your saying i agree
thks
gt
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I have a question for the HADIT Forum.
My question is this regarding PTSD
if i veteran meets only one of the 38 CFR criteria for 100% rating for PTSD can he be awarded 100% PTSD? Yes or No?
If say for instance a veteran meets only the social occupational aspect where by he cannot secure gainful employment due to difficuly in adapting to
stressful circumstances (including work like setting); inability to establish and maintain effective relationships,
should not the veteran be awarded a 100% PTSD rating??
or
does the veteran have to meet more than one of the 38 CFR requirements to be awarded 100% PTSD
one final note if a vet is already 70% PTSD will that work in his favor to add to his request for 100% PTSD or not?
and then based on the new laws for SMC i think its Bradley v Peak case law I think Berta mentioned this case law-----
if the vet is awarded 100% and has another rating at 60% or even a couple of 30% sc's or say couple of 40% sc's does the VA now have to try to see if they can qualify the vet for SMC plus some SMC K awards
I would like to hear from the HADIT forum in relation to this issue.
Thanks again
grt
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my question is this
If the VA suspends a veterans benefits do they have to send the veteran a letter or do they just go ahead and suspend his benefits
in other words if they are going to reduce you have 60 days to respond
do you have 60 days to respond before they suspend benefits
thx
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When you add Bradley v Peake to it then should not the VA consider IU and 100% schedular as equal in all but name. They are equal regarding SMC potential in most cases as I read the long and confusing Bradley 2008. So how are they different for a mental disability? There is almost no difference. If you extrapolate from Bradley then when a vet gets IU for a single disability that would be almost exactly the same as 100% schedular. Read Bradley and see if you agree.
HERES WHAT WILL HAPPEN THE VA WILL HAVE TO AWARD ME 100% PTSD BASED ON MY SOCIAL SITUATION WHEN THAT HAPPENS BRADLEY V PEAK AND THE OTHER NEW LAWS REGARDING SMC SHOULD KICK IN
AND I WILL BE REVIEWED FOR SMC BASED ON MY SMC ISSUES WHICH I WILL HOPEFULLY GRANTED
AFTER YOU ARE REMOVED FROM TDIU AND GRANTED 100% P AND T THEIR ARE ONLY CERTAIN CONDITIONS UNDER WHICH YOU ARE GRANTED SMC
I FEEL CONFIDENT IN READING ALL THE OTHER POSTS THAT FOLLOW ALONG THE SAME AREAS AS MINE
FOR ME ITS NOT A QUESTION OF HOW ITS JUST A MATTER OF WHEN
THANKS I CAN SEE WHERE I AM HEADING NOW
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the va mis diagnosed me and said i have mood disorder then later down the road they re-classified my mood as PTSD and gave me 70% when in fact based on my not being able to obtain gainfull employment because of my PTSD the va should have given me 100% PTSD THAT DIDNT HAPPEN I GOT 70% PTSD THATS ABOUT TO CHANGE !!
now the laws changed once they give me 100% Ptsd they will have to consider smc but going back when i was removed from TDIU and granted 100% P and T (70% PTSD included) the VA should have considered SMC and going back even further if i read the law right when I was placed on TDIU at that point VA should have considered SMC THAT DIDNT HAPPEN EITHER
it s really nothing major everyone i talked TO tells me just to keep re-filing for the 100% PTSD and eventually i will get it JUST LIKE ALL MY OTHER VET FRIENDS DID THEY WENT THROUGH THE SAME THING
The reason why i will get is because of "CONTINUITY OF CASES."
THE REASONING HERE IS IF YOU DO IT FOR ONE YOU DO IT FOR ALL
I'M NOT WORRIED ABOUT IT I KNOW AT SOME POINT I WILL GET IT JUST LIKE I KNOW I WILL GET SMC
ITS NOT A QUESTION OF HOW OR WHY ITS JUST A MATTER OF WHEN
I CAN WAIT THEM OUT THATS ALL !
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That 1989 regulation was changed. Now those with a mental condition where they can't work may get 100%, or may get TDIU depending on symptoms. I am 70% for mental disorder and I can't work and I ended up with IU. There are a whole bunch of vets who are 70% for PTSD who can't work. They then have to apply for TDIU if they want 100% benefits.
I was on tdiu then i filed some more claims based on lost records and i told the VA my mood was not mood but PTSD months later without even telling me brown envelope comes in the mail
and it brown envelope does not say hi hello you are kicked off tdiu it drabbles on in the VA mumbo jumbo legal dictum so i had to call DAV and they told me I was removed from TDIU granted 100% P and T and my mood was re-classified as PTSD but only at 70% because during that time frame VA put a directive out to all VARO's NO MORE 100% PTSD because VA started to see a spike in 100% PTSD awards
friend of mine said yeah of course VA saw a spike in 100% PTSD claims because at that time 2 things happened the law changed on PTSD and a lot of troops were going to and returning from Afgahnistan and Iraq and a lot of troops were going to counseling seesions like mine and those sessions the out patient vet PTSD group sessions i went to were completely filled up.
In the intrem of this mess i met a viet nam friend in one of my vet sessions and he looks over the new decision i got he tells me the va is way off base in fact the VA did not look at the whole picture in regard to my PTSD and in fact because i cant go back to work because of my PTSD plus having a GAF of 40 not only should the VA have awarded me 100% for PTSD but in fact should have considered and awarded SMC because also the law changed on vets who got and approached 100% scs in regard to SMC
so now i have re-applied again for 100% PTSD and the SMC denial is on appeal timely appealed form 9 @ the BVA
The issue here is actually three things as i see it maybe im wrong correct me if i am
first PTSD was on the TV a lot in 2000 not only for the military but work in general,
then the VA started giving extremely high awards for PTSD then a directive got sent to all VARO's to stop awarding 100% PTSD awards
then after that happened the law changed on PTSD and the VA based on the complete medical record and new law that if only one of the conditions is met in my case not able to
substantially secure gainfull employment and its because of PTSD then the veteran is awarded 100% PTSD but that did not happen to me i got 70% BO BO BO
Of course chronic pain FROM MY APPROVED STRESSOR causes high blood pressure which in turn causes depression but thats only one small part of my PTSD picture va failed to catch the fact i cannot "SECURE GAINFULL EMPLOYMENT" its my opinion I have met the standard for 100% PTSD
so now i have to wait but its based on federal law and continuity of cases if you do it for one you have to do it for all
but to comment further most service organizations and veterans i have talked to feel that if only one of the conditions is met for 100% then the veteran is should be awarded 100% PTSD
if not then the whole psychological record should be re- evaluated to see if the veteran can still qualify for 100% PTSD and then if that happens then the question is because the law changed
on smc awards
then the VA would have to consider elegibility for smc after the decision was made to grant 100% PTSD i think now law changed va has to consider smc on all award s even approaching or definately at 100% either tdiu or schedular here again correct me if im wrong
thats how i see the PTSD issue on 100% PTSD awards but here again i could be completely wrong and off base no problem correct me if i am
but i would like to see more articles and hear what other veterans are going through or have gone through with PTSD awards I try to read as much as i can on PTSD and try to piece together how the rating law applies to me.
thks
grt
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I am currently 70% for PTSD
my question is this
If one of the requirements is met for 100% PTSD ----- I E ---- 1889 38 CFR 4.16 a mental disorder precludes a veteran from securing or following a substantially gainfull occupation the mental disorder shall be assigned a 100 % evaluation under the appropriate diagnostic code
their fore since i cannot secure a substantially gainfull occupation because of my PTSD my 70% PTSD should be moved to 100% PTSD.
I don't believe all the requirements have to be met to get 100% for PTSD whats your opinion on this matter any comments would be greatly apppreciated. Have read soldiers guide for PTSD that helped me get my 70%
thanks
grent
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i have quick question
i am currently 100% P and T
if approved how much would i get permonth for A and A
thanks
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I would like to know about the white envelop vs brown envelope
every time i get an envelop from VA good or bad its always brown
i see posts on the white and brown
whats the differance?
thks
gt
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My doctor has prescribed wheel chair for me
my doctor has precribed leg brace for me
i kept sending in the copies of the RX to the VA
VA has not answered me on the clothing allowance i guess that will come up at the BVA hearing since i will be appearing in abstentia my lawyer will be their
any thoughts??
i guess if you have a BVA hearing everything stops on your pending claim and the VA just waits until the BVA makes a decision
thks
gt
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I don't know if this can apply to your condition or not, only a doctor can say if your back condition causes some type of dysfunction with you having sex.
Citation Nr: 0304600
Decision Date: 03/13/03 Archive Date: 03/24/03
DOCKET NO. 01-10 211 ) DATE
)
)
On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Montgomery, Alabama
THE ISSUE
Entitlement to special monthly compensation based on loss of
use of a creative organ.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
ATTORNEY FOR THE BOARD
K. Hudson, Counsel
INTRODUCTION
The veteran had over seven years of active service, including
the verified periods from December 1968 to June 1970, and
from January 1975 to August 1978.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from an RO rating decision of September
1998, which, in pertinent part, denied special monthly
compensation based on loss of use of a creative organ. In a
February 2000 statement, the veteran requested a Board
hearing; however, in view of the following decision, which
grants the benefit sought, a hearing is not necessary.
FINDING OF FACT
The veteran is unable to achieve an erection without a pump,
and unable to engage in intercourse due to a service-
connected back disability.
CONCLUSION OF LAW
The criteria for special monthly compensation based on loss
of use of a creative organ have been met. 38 U.S.C.A. § 1114
(West 1991 & Supp. 2002); 38 C.F.R. § 3.350 (2002).
REASONS AND BASES FOR FINDING AND CONCLUSION
A. Background
The veteran is service-connected for numerous disabilities
including post-traumatic stress disorder (PTSD), evaluated
100 percent disabling, intervertebral disc syndrome,
evaluated 60 percent disabling, and urinary incontinence due
to intervertebral disc disease, evaluated 60 percent
disabling. He is in receipt of special monthly compensation
under 38 U.S.C.A. § 1114(s) for disabilities separately rated
100 percent plus 60 percent.
In August 1996, the veteran's wife wrote that although the
veteran had received an external pump, enabling him to have
an erection, he was unable to engage in sexual relations due
to back and leg pain.
On a VA examination in November 1996, the veteran's
complaints included increasing back pain, as well as pain in
the testicles and penis. He was wheelchair bound due to his
back disability.
On a VA neurological examination in June 1997, the veteran
complained of impotence, and the findings included impotence.
On a neurological examination in April 1998, the veteran'
complaints included sexual dysfunction, testicular pain, and
numbness in the penis. He had had four prior lumbar
laminectomies with no improvement of his symptoms. The
diagnoses included impotence secondary to back injury.
On a VA genitourinary examination in May 1998, the veteran
said he had been having problems with impotence since 1991,
and that he had had complete impotence since 1992. He said
that he had had a pump inserted in 1993. The veteran was
also noted to be incontinent of urine. He had undergone a
vasectomy in 1975. The examiner noted that vaginal
penetration and ejaculation were possible. The veteran had a
pump, which was rarely effective in allowing intercourse,
secondary to back pain after intercourse. On examination,
the testicles were normal in size. The diagnosis was
impotence secondary to laminectomy and spinal stenosis.
B. Analysis
The file shows that by RO correspondence, the rating
decision, and the statement of the case, the veteran has been
informed of the evidence necessary to substantiate his claim,
and of his and VA's respective obligations to obtain
different types of evidence. A VA examination was provided.
The Board finds that the notice and duty to assist provisions
of the law have been met. See 38 U.S.C.A. §§ 5103, 5103A;
38 C.F.R. § 3.159; Quartuccio v. Principi, 16 Vet.App. 183
(2002).
Special monthly compensation may be paid for loss of use of a
creative organ, as a result of service-connected disability.
38 U.S.C.A. § 1114(k); 38 C.F.R. § 3.350(a). Although the
term "creative organ" is not defined in the law or
regulations, the Office of General Counsel has held that a
"creative organ," as used in 38 U.S.C.A. § 1114(k), refers
to a procreative, or reproductive, organ. VAOPGCPREC 2-00.
In addition, where a veteran has loss of erectile power from
service-connected causes, he is also entitled to special
monthly compensation for loss of use of a creative organ. VA
Adjudication Procedure Manual, M21-1, Part VI, 11.25
(Change 85, April 4, 2002); see 38 C.F.R. § 4.115b, Code
7522. Therefore, although not specifically identified as a
"creative organ" in 38 U.S.C.A. § 1114(k) or 38 C.F.R.
§ 3.350, other legal authority clearly establishes that the
penis is a creative organ, for purposes of entitlement to
special monthly compensation.
The Board also notes that the veteran has undergone a
vasectomy. With respect to whether this precludes special
monthly compensation based on loss of use of a creative
organ, it is well-established non-service-connected loss of
use of a creative organ (i.e., sterilization) does not bar
special monthly compensation for anatomical loss of a
creative organ. VAOPGCPREC 93-90; VAOPGCPREC 5-89. Neither
opinion explicitly addressed the matter of whether non-
service-connected loss of use of one creative organ bars
special monthly compensation based on loss of use of another
creative organ, rather than anatomical loss (although
VAOPGCPREC 5-89 suggests a distinction may be drawn).
However, the statute provides that "if the veteran, as the
result of service-connected disability, has suffered the
anatomical loss or loss of use of one or more creative
organs, . . . [special monthly compensation shall be paid]
for each such loss or loss of use . . . and in the event the
veteran has suffered one or more of the disabilities
heretofore specified in this subsection, . . . the rate of
compensation shall be increased . . . for each such loss or
loss of use, . . ." 38 U.S.C.A. § 1114(k). Thus, the law
provides that special monthly compensation is to be provided
for loss of use of any creative organ, not merely loss of
reproductive capacity. By the use of the term "one or
more" creative organs, it is clear that only one creative
organ need be affected. Therefore, if a veteran has loss of
use of any creative organ, the presence of non-service-
connected loss of use of another creative organ is
irrelevant. Accordingly, the Board finds that the
preexisting vasectomy does not bar entitlement to loss of use
of a creative organ due to impotence.
As to whether the veteran is impotent, the VA examination in
May 1998 indicated that while the veteran was able to achieve
an erection with the use of a pump, resulting back pain
effectively precluded intercourse, and the diagnosis was
impotence due to the service-connected back disability.
Examinations in April 1998 and June 1997 also diagnosed
impotence, and the veteran and his wife have both stated he
is essentially impotent, due to back pain. (He is wheelchair
bound due to his back disability as well.) "The purpose of
the statutory award for loss or loss of use of a creative
organ is to account for psychological factors, S. Rep. No.
1681, 82d Cong., 2d Sess. 2 (1952); as well as the loss of
physical integrity, H.R. Rep. No. 6, 89th Cong, 1st Sess., 4
(1965)." VAOPGCPREC 5-89. Thus, the fact that he is
technically capable of achieving an erection, with the aid of
an assistive device, does not rule out special monthly
compensation, where he is, in essence, functionally impotent.
In the judgment of the Board, there is a reasonable doubt
that the veteran currently has loss of use of a creative
organ, due to impotence resulting from his service-connected
back disability. Such doubt is resolved in his favor.
38 U.S.C.A. § 5107(b). The Board concludes that the veteran
is entitled to special monthly compensation based on loss of
use of a creative organ, and that benefit is granted.
ORDER
Special monthly compensation based on loss of use of a
creative organ is granted.
L. W. TOBIN
Member, Board of Veterans' Appeals
IMPORTANT NOTICE: We have attached a VA Form 4597 that tells
you what steps you can take if you disagree with our
decision. We are in the process of updating the form to
reflect changes in the law effective on December 27, 2001.
See the Veterans Education and Benefits Expansion Act of
2001, Pub. L. No. 107-103, 115 Stat. 976 (2001). In the
meanwhile, please note these important corrections to the
advice in the form:
? These changes apply to the section entitled "Appeal to
the United States Court of Appeals for Veterans
Claims." (1) A "Notice of Disagreement filed on or
after November 18, 1988" is no longer required to
appeal to the Court. (2) You are no longer required to
file a copy of your Notice of Appeal with VA's General
Counsel.
? In the section entitled "Representation before VA,"
filing a "Notice of Disagreement with respect to the
claim on or after November 18, 1988" is no longer a
condition for an attorney-at-law or a VA accredited
agent to charge you a fee for representing you.
thank you this case was excellent
gt
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I don't understand. You say you are 100% P&T.
Then you say that you "just got removed from TDIU a year ago"?
I don't quite follow you, for, if you are 100% P&T, why would the PTSD 70% rating matter that much?
And, no, I know of no person that has received 100% PTSD simply based on a GAF "score", and certainly never ran across anybody that was granted 100% PTSD on a GAF of "55 or higher".
Your post leaves me scratching my head...............I'm sorry.
i was on tdiu i continued to file for other sc those sc were granted and at that point my mood disorder was re-classidfied as ptsd 70% then after that i was removed from tdiu and granted 100% P and T
i am currently filing for smc and housebound
my question is this since i have total occupational impairment from my scs should the va move my 70% ptsd to 100%????
also would like to know if i am granted 100% ptsd can i work if possible??
thank you for your help
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Well, if he is, in fact, 100% "schedular" and Permanent & Total................then the only reason for him to be seeking 100% for PTSD would be for SMC, I suppose?
However, what is his original question?
How can we help him?
my question is since the va said we are reclassifying your mood to ptsd and we are moving your 50 % mood to 70% ptsd
if i am awarded 100% ptsd will that count towards my request to be considered for smc????????????
my reasoning is because 100 P and T or 100% tdiu cant be used for smc unless you have 1 sc rated 100%
now my next question for ptsd
i am at 70% PTSD currently
in my 214138 i stated to the VA and to my lawyer that my PTSD should be granted at 100% level because
in march of 1989 38 CFR was amended to add subsection c stating in cases in which the only compensable service connected disability is a mental disorder which pre-cludes a veteran from securing or following a
substantial gainfull occupation the mental disorder shall be assigned a 100% percent evaluation under the appropriate diagnostic code
(please note ptsd is not my only sc i have a lot of other scs as well)
which my PTSD has prvented me from doing key wording and factor precludes vet from following securing gain full occupation
if you could respond to my ptsd argument that woud be great
yes im applying for SMC
thank you for your help
gt
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You need to have the following.
Loss of use of a creative organ
Loss of use of 1 or more limbs.
Loss of your voice or organic aphonia
Have 1 condition totally disabling with an additional disabiulity rating or combination at 60 percent.
The Maximum rating for the back is 60 percent. The nerve are rated separately.
http://ecfr.gpoacces....66.144&idno=38
Hang in there.
J
would my damged spine also be taken into consideration plus the fact i am in a wheel chair and have trouble going to the bathroom im trying to get assistance at home thanks
Clothing Allowance
in VA Disability Claims Research
Posted
HELLO,
MY PRIVATE DOCTOR RECENTLY WROTE A PRESCRIPTION FOR WHEEL CHAIR TWO MONTHS AGO.
I REQUESTED THE CLOTHING ALLOWANCE PERMANENTLY TO BE AWARDED TO ME THROUGH MY LOCAL VARO.
I STILL HAVE NOT HEARD ANYTHING. ARE OTHER VETERANS HAVING THE SAME DIFFICULTY AS ME IN REGARD TO THIS CLOTHING ALLOWANCE ISSUE.
I HEARD THAT REQUEST DOES NOT GO TO THE VARO BUT TO AND ONLY TO THE ORTHOPEDICS CLINIC @ VA HOSPITAL IN MY AREA?
SHOULD I RE-SUBMIT 21-4138 OR DO I USE A SPECIAL CLOTHING ALLOWANCE REQUEST SLIP?
CAN YOU HELP ME IN THIS MATTER?
THANK YOU FOR YOUR HELP.
GRT
PS, SAD TO HEAR NO COLA AGAIN THIS YEAR.