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Interested

Third Class Petty Officers
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Posts posted by Interested

  1. If the Decision Review Officer (DRO) overturns an earlier Rating Decision, the DRO will issue a Decision Review Officer Decision with evaluations and effective dates for the overturned items. The DRO Decision looks identical to a standard Rating Decision, with the exception that "Decision Review Officer Decision" appears on page 1.

    FWIW, if the veteran disagreed with several items, it's quite possible that a DRO might overturn one or more of the previous decisions yet uphold the previous denials on on others. In that case, the DRO will issue both a DRO Decision as well as a Statement of The Case (SOC) (which continues a denial). In my experience and observations, it's more likely to receive the hard copy SOC before you receive the hard copy DRO Decision because any decision (with award dates, money, etc.) requires a few more desks to rest upon and a few more keystrokes to be done before release to you.

    In the above case, there MIGHT be a statement somewhere within the SOC text, somewhat to the effect that " ... other issues claimed will be addressed in a separate decision>"

    Was that enough information for you?

    Question: Lets say the DRO rules/decides in your favor for your appeal. Does the DRO rate it or does it have to go on to a rater? Thanks in advance, Chu

  2. As others have mentioned, a veteran can have multiple 100% evaluations; please note that the veteran cannot hold a schedular 100% as well as Total Disability Because of Individual Unemployability (TDIU) simultaneously. With multiple 100% evaluations, Special Monthly Compensation (SMC) may be an issue.

    However, without knowing what the individual 100% evaluations are for or any of the veteran's other circumstances, the level of SMC would be SMC-s per 38 CFR 3.350(i)(1).

    Can a veteran recieve 2 100% ratings for 2 different SC'ed problems? I know you can only be compensated for 1. But can you have two 100% ratings?

  3. FWIW, both Aid and Attendance and Loss of Use (of the lower extremities) are SMC-l, however you can receive only one payment of SMC-l (if you manage to qualify for both). Yes, I know that LOU does entail additional benefits.

    Of some consideration is (4) Additional independent 100 percent ratings. at 38 CFR 3.350(f)(4) http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_350.DOC . If you qualify factually for A&A because of the heart problem/AICD, that additional 100% for PTSD should pop you up another SMC level.

    thsnks for helping me to understand I think my primary care doc will support the aid and attendence and we want to see if he will put in the treatment records that I have basically lost the use of my legs as I no longer can walk more than 25 feet without becoming short of breath and am spending most my time in a wheel chair (power chair) now I have a power lift to get me in and out of the tub now they added a new 20 foot ramp for the power chair to the front door next week they deliver the fancy new "hospital bed" i fight with ILP for years I get diagnosed with end stage heart failure and they fall all over themselves getting me what ever my wife wants to care for me go figure

  4. Take a copy of that Rating Decision awarding Automobile Adaptive Equipment to the Prosthetics Department.

    Yes, I appreciate the information because I have been getting the run around from the Prosthetics Department at the Medical Center telling me that I needed to contact the Regional Office and the Regional Office telling me to contact the Prosthetic Department at the Medical Center. I just need to figure out who I need to talk to about this.

  5. If you were awarded Automotive Adaptive Equipment on a previous Rating Decision, you still have the eligibility for that benefit. Unless, of course, there has been some miracle.

    But before you do anything .... you just can't go out and buy your own adaptive equipment and have the VA pay for it - you will have to see someone at your friendly neighborhood VA Medical Center for an evaluation, recommendation for the appropriate equipment and referral to (generally) a civilian contractor for the actual purchase and installation.

    Was that what you're looking for?

  6. IRS Publication 17 http://www.irs.gov/pub/irs-pdf/p17.pdf Page 52, right column has your answer.

    I'm dealing w/a bank and they are requesting proof that I need not file Federal income tax for 2009. My gross & net income for 2009 was $43,860. The $32,076 was from VA Comp and $11,784 from SSDI. I'm looking for an official link that states that VA comp is not taxable. Thanks!!!

    pr

  7. If the veteran has a 40% disability rating, there are no benefits available FOR THE SPOUSE OR OTHER DEPENDENTS.

    That said, if a veteran has greater than a 30% rating, the veteran will receive additional compensation. Here is the link to see what it might be: http://www.vba.va.gov/bln/21/Rates/comp01.htm .

    You will need to contact your local VARO and tell them about your spouse and dependents; this likely was mentioned someplace within the boiler plate information in your award letter. Send in a VA Form 21-4138 with the info; be prepared for a response letter, asking for a copy of a marriage certificate, birth certificates, etc. If your children are over age 19, you will need to show that they are full-time students.

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