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RockyA1911
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Posts posted by RockyA1911
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There is something terrible wrong then! I just got decision and the craziest explanation I ever saw. Keep in mind the diagnosis for stage 4 lung cancer of lower right lobe with resection surgery and metastasized to lower right pleural cavity on 14 Feb 2019...….The 100% Head Neck Larynx cancer diagnosed 19 Oct 2007 and treated in 2008 has remained cancer free but still edema.
So VA service connected the Lung Cancer due to agent orange and just put it there in place of the already permanent 100% and back dated the effective date of the lung cancer back to 19 Oct 2007. Stating Stage IV Lung Carcinoma lower right lobe w/ resection surgery and metastasized to lower right pleural cavity and Larynx cancer from 19 Oct 2007.....
So it is an additional 100% for lung cancer on top of my already SMC-S (S-1), but no increase in pay
Still SMC-S and no additional increase for the additional 100% that the U.S.C. said I was supposed to get.
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Hey Berta!
How say you in regard to a current SMC-S:
100% - Larynx cancer
70% - TBI
70% - PTS
50% - Skull Loss
10% - Scar on head
10% - Tinnitus
10% - Hypothyroidism
The larynx cancer AO and treated back in 2008 an due to Edema and voice, it was made 100%P&T. The new cancer is AO also, lung cancer stage 4, I filed claim last week as an increase. I can feed and bath myself etc. and am not permanently physical housebound, and I do not have any amputations. I know the USC says each additional 100% rating gets a full step increase from I to o etc. What about SMC-S, I would have two 100% conditions with others combined totaling 60%? Have you run into this stuff before.
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I looked up 38 USC 1114 and what I copied below I have found the below. It only states one full step increase for additional 100% condition, but lists paragraphs I thru o. I am not missing extremities to qualify for the others. So, the remedy it says for all others would be the VA Secretary would have to establish the increase amount not to exceed $4667 per month compensation. Could be a precedence for those that are SMC-S, 100% with 60% combined conditions
Determine if the veteran qualifies for: An Increase due to Additional Independent Disabilities.
Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement (increase 1/2 step) to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.
Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement (increase full step) to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.
SMC-S
Total plus 60 percent, or housebound; 38 U.S.C. 1114(s)
The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,
(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or
(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.
INSTRUCTION: If either of the above checked AND a SMC Level has not been selected yet from the Other SMC Level drop-down select below, then select "SMC-S".
NOTE: The compensation for rate SMC-S is less than for rates SMC-L through SMC-R (except SMC-Q).
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Thanks. I researched the M SMC but it appears it is a RAMP type that extra 100% moved from L to M. The problem I see with me is that I am SMC-S and nothing above that, so no SMC beyond the S to RAMP up to. I have Hospice/Palliative care VA contracted for. I guess we will see, it will be up to VA to determine if there would be a change in SMC and which one. VA is now paying for me to have my every 21 day infusions of Keytruda locally near my home instead of having to drive to Iowa City every 21 days. In fact all my oncology the VA has transferred to Genesis Cancer Center, 4 miles from home. My current SMC-S below, not including recent pending claim for Respiratory Cancer AO
- Head Neck Cancer AO - 2008 - 100%
- TBI -- 70%
- PTSD- 70%
- Skull Loss - 50%
- Hypothyroidism - 10%
- Scar on head - 10%
- Tinnitus - 10%
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Hi all,
Been a while since I have been on here. I had a lung resection on Valentines day and have had a long recovery. After removal of tumor it was later diagnosed with Stage 4 Squamous Cell Carcinoma located in my pleural cavity. I am treated every 21 days with infusion of Keytruda, an immunotherapy drug. I will have to have the rest of my life. I filed a new claim today for Cancer, Respiratory....Presumptive Agent Orange Condition. I have been SMC-S housebound award since 2008. My question is.....while undergoing treatment for service connected AO presumption condition, the VA rates that condition 100% and since what I have is debilitating condition that will require treatment rest of my life it is likely to be one more condition that is permanent 100%. Since I already have a service connected condition rated at 100% alone and others that are 70%,70%, 50%, 10%, 10% that is the SMC-S...…..is there any other SMC that would increase due to TWO SEPERATE Conditions each stand alone 100% each with others totaling 60% or more?
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I do not have Coronary Artery Disease (CAD) or IHD. The service connection of Carotid Artery Disease is DX secondary to service connected Larynx Cancer (Squamous Cell Carcinoma) which is presumptive agent orange head, neck cancer. The etiology of the Carotid Artery, left 100% occluded was more likely than not due to XRT radiation treatments for the larynx. I was a heavy smoker up until Nov 7 2007 and haven't touched a cigarette or tobacco since that day. Quit cold turkey without any aids at all........to this day I have never wanted one. I made myself quit and stuck to it as I had promised Almighty God that I would never touch another cigarette as long as I live and it was a promise I just could not break........I was instantly free of cigarettes at that moment and never even had an urge or even thought about wanting to smoke.....to me I call it a miracle!
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Hey Broncovet!
Just to let you know I got my decision already yesterday 10/3/2017. That was fast as I filed the claim on 8/15/2017 through ebenefits. Had C&P exam on 9/25/2017. Carotid Artery Disease was service connected but 0% and Hypothyroidism was service connected at 10%, both secondary to larynx cancer (agent orange). I really didn't have to go through any hoops like in the old days. It took me about 15 minutes to file the claim via ebenefits and since I was already in the system the claim form was already filled out except for the disabilities I was claiming. Both were a matter of medical history documented already by VA at the VAMC and CBOC. C&P was nothing, took about 10 minutes. You are right I won't get anymore money but unlike you I believe everything that is service connected should be documented just in case.......and in case of what.....I haven't a clue but just in case. So claim from start to finish only took 49 days....that has to be some kind of record......
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OK,now we are getting somewhere..........when is your next scheduled exam? So they are giving you SMC-S and you do have a spouse and a child correct? If you do not require aid and attendance (A&A) (to shower, use bathroom, daily living activity and you can leave your house, then you must be with a condition that is 100% and other that are a combined 60% to qualify for the SMC-S as housebound.
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Wow! Something is really amis! If you are getting $3545.04 that is way more that 100% even with spouse and children or parents. Something is really screwed up here......You must be getting SMC of some sort to get that much as I am 100% with SMC-S without dependents and I get $3263.43......You'd best contact the VA at the 1-800 number and find out what is going on. Benefit rates show $3545.04 as SMC-S Veteran with spouse and one child. So you must have one condition that is 100% and other conditions with a combined rating of 60% or more.
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Don't be cornfused!!!! IU PT is NOT rated at 100%, it is PAID at 100% rate. A 70% rating paid at the 100% rate for TDIU is not the same as being rated at 100%m your rating is still 70%. SMC-S had been as far as I know you must have a scheduler rating on one condition rated at 100% all by itself, not combined. And then other conditions with a COMBINED rating of 60%. Then the housebound SMC-S is awarded. I have 100% rating for larynx cancer AO, the a combined rating of 100% also for PTSD-70%, TBI - 70%, Skull Loss - 50%, Scar-10%, Tinnitus- 10%. I receive SMC-S and have been for nearly 10 years now.
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I'm sure you mean well Broncovet in your own way.....God Bless you Buddy
It amazes me how you come up with this stuff. As I have stated my ratings will not be increased, I am P&T with SMC-S and it goes back past 10 years and I still have issues with my throat and vocal chords so no chance of any reduction......Why you don't get it that service connected disabilities should be documented as service connected is beyond my understanding. Ever heard of Hearing Loss being service connected with 0% compensation? There are hundreds of thousands of vets that have that. Or Sleep Apnea service connected with 0% compensation? There are lost of service connected disabilities that are 0% compensation and the vets get hearing aids, CPAP machines, etc at no cost.
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No, I have no spouse and I am SMC-3 and have been since 2010. I am a believer that I need to get service connection for all conditions that would be service connected, and whether or not there is extra compensation is not a concern. I most assuredly will not get anymore compensation but the conditions should be service connected. My Larynx Cancer was presumptive agent orange and since completed treatment of chemo and radiation in 2008 my VA Drs are monitoring the Carotid Artery via once a year vascular duplex scans and Hypothyroidism since then because it is know to cause plaque build up in the Carotid Artery and Hypothyroidism. And yes my VA Notes and Problem Lists have had both of those documented every year.
These conditions were gradual after radiation treatment and Hypothyroidism began in July of 2012 of which my meds for it have increased in dosage 3 times and the Carotid Artery started at 50% Blockage in 2011 and 70% in 2012 and 100% in 2013.
The nexus of that it is well known and the VA cannot dispute it was not due to radiation treatment on my neck for the 100% rated presumptive agent orange Larynx Cancer that fell under presumptive Head & Neck Cancer.
40% of the folks that have had radiation treatment to head and neck have then gotten Carotid Artery Disease and Hypothyroidism. We are cautioned that it is one of the risks of Radiotherapy.
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Broncovet,
What I am claiming is already the diagnosis that is in my VA health records and it states I have Carotid Artery Disease from complications of treated Radiotherapy (XRT Radiation) for Squamous Cell Carcinoma Larynx Cancer. It is not IHD or CAD (Coronary Artery Disease). It is the left Carotid Artery that supplies blood to the brain and it is 100% occluded (blocked). The cause of both the Hypothyroidism and Carotid Artery Disease is attributed to radiation treatment which any one can google and see the causes of them and it will show several causes of which Radiation is one of them. I got the Hypothyroidism in July of 2012, In 2015 the left Carotid Artery became 100% Blocked . I neither had Hypothyroidism nor Carotid Artery Plaque prior to treatment of the Larynx Cancer in 2008. My Carotid Artery is not associated with my heart, and all my tests have proven that. So I claimed the Hypothyroidism and Carotid Artery Disease as secondary to service connected Larynx Cancer and furnished my VA Diagnosis and Problem List showing the both conditions that are current as evidence. I was just wondering myself is all as to which part of the body the Carotid Artery Disease falls under, it is not in the Cardiovascular buis in the vascular and could fall under neurological but is not specifically listed under either.
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Today I claimed Carotid Artery Disease wherein my left Carotid Artery is 100% occlusion (Blocked) and it is listed in my VA records Problem Items and my recent Carotid Artery Disease Report recently in VA Notes of 27 July, 2017. It states in that report that I had Neck Radiotherapy due to Larynx Cancer. I have looked at the 38CFR4 and found Cardiovascular and the conditions underneath it, but can't find the disease in there. Does Anyone know what it falls under and what the code would be for rating it?
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Hi Berta and Broncovet,
I remember you both when I was going through it. Berta this is what my SMC-S is for;
Head Neck Cancer --- 100%
TBI - 70%
PTSD - 70%
Skull Loss - 50%
Tinnitus - 10%
Scar on Head - 10%
Since I had one condition that was rated at 100% alone and other combined rated at 60% or more I was awarded the Housebound Award which is SMC-S and I got retro for the Skull Loss back to 1976 as it was determined to be an open claim because there had been a C&P and a decision was made for 50% but somehow it never got to the finance center.
The SMC-s was retro back to Oct 2007 when I was diagnosed with supraglottic (False Vocal Chord) cancer (Squamous Cell Carcinoma).
Another residual of the radiation they had been watching for was blockage of carotid artery and my left carotid artery was blocked 100% 2 years ago, the right one is ok and has good blood flow.
Since I am on medication and it has increased from when I started the meds 4 yrs ago, wonder what the rating would be. Is there a S/C for blocked carotid artery due to radiation treatment nexus to AO Head Neck Cancer?
I had several C&Ps after my cancer treatments, 3 of them every 6 months and it was found I still had swelling or edema and a real gravelly voice of which I could not yell if I had to sound the alarm....so they made the A0 head&neck cancer permanent 100% with no future exams.
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I am already 100% and have been getting SMC S Housebound award since 2010 with large retro also. After getting 100% for Head Neck Cancer in 2007 as presumptive agent orange and went through radiation and chemo treatments through Feb 2008, I got diagnosed with Hypothyroidism in 2011 and was prescribed Synthroid. Last year in 2016 my Synthroid was increased from .025 mcg to .050 mcg daily. Since Hypothyroidism is a know secondary effect of radiation on head and neck cancer treatments I had not claimed it or service connected it. My VA doctors say it is a residual of radiation. Is it worth it to file a claim for the Hypothyroid or just leave it alone, since I would not get any further compensation I would not think, or do I need to file it to have it listed as service connected condition any?
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Yeah, I looked at veterans award letter and it states right in it he is authorized VA dental care. And he is already enrolled in VA healthcare as a priority one and all he did was call the VAMC and asked for the Dental Department. He gave them his name and last four SSN and asked for an initial 1st time appointment. The gave him an appointment for April 22nd. He needs a need bridge and they will take care of that too in subsequent appointments. He did not need to go through the PCP at all. The receptionist looked him up in the data base and that was it. As MPsgt stated you need to be enrolled in VA health care and fill out the VA Form 10-10 ez if you haven't previously enrolled so you can get enrolled.
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Know vet that just received TDIU P&T paid at 100% rate, but is actually 80% scheduler. Is he authorized dental care by the VA? I know 100% scheduler is as I am but not sure about TDIU P&T veterans.
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Hi Berta and thanks for the response. Wow! I have been gone way too long and may the Lord bless those we have lost. Bet you can see a lot more clearly now with the cataract surgery. I had the same surgery but didn't have cataracts. I had prescription implants so I can see perfect and clearly both close up and distance. They said I will never get cataracts because the implants are artificial and won't get them. It was good hearing from you and seeing you are still in the fight for veterans benefits.
God Bless,
Rocky
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Berta, How are ya, haven't been on here in a few years and sorry to hear about Carlie. Question is about ChampVA... If the Veteran's spouse is covered under ChampVa and the Veteran later passes on, does the widowed spouse continue to keep ChampVA or not? Since the sponsor is no longer living.
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Ok, thanks. I just when into settings and unchecked that box. We'll see if it stops, I must have gotten at least 75 so far.
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T-Bird, I know you stated you were working on this, but it's been all day and evening and the amount of emails is rapidly increasing to about every 5 or 10 minutes......I suggest whoever you have working on a fix for this DISABLE the program......it is getting worse and worse........I've gotten two more since this writing. You can DISABLE it, instead of letting more and more emails come my way. Thanks,
RockyA1911
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T-Bird, I know you stated you were working on this, but it's been all day and evening and the amount of emails is rapidly increasing to about every 5 or 10 minutes......I suggest whoever you have working on a fix for this DISABLE the program......it is getting worse and worse........I've gotten two more since this writing. You can DISABLE it, instead of letting more and more emails come my way. Thanks,
RockyA1911
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Don't know where else to put this but I have a real complaint about the new Email being sent out 15 Jan 2016 VA and Veterans News from Hadit.com. I got the first one this morning and have been getting them every 15 or 20 minutes all day long.......the same exact one. I have tried to unsubscribe from this email list but when I click on the unsubscribe feature nothing happens.
Please help! Whoever is managing this, PLEASE remove me from the list......the overwhelming multitude of emails is running my smart phone battery down. I have gotten over 10 of the same exact newsletter and whoops.....just got another one.
I do not want any more of the emails. Please stop it!!!!!
RockyA1911
It amazes me how you come up with this stuff. As I have stated my ratings will not be increased, I am P&T with SMC-S and it goes back past 10 years and I still have issues with my throat and vocal chords so no chance of any reduction......Why you don't get it that service connected disabilities should be documented as service connected is beyond my understanding. Ever heard of Hearing Loss being service connected with 0% compensation? There are hundreds of thousands of vets that have that. Or Sleep Apnea service connected with 0% compensation? There are lost of service connected disabilities that are 0% compensation and the vets get hearing aids, CPAP machines, etc at no cost.
Hadit website
in VA Disability Claims Research
Posted
I remember when this site was so easy to navigate.....I can't even locate a post I did yesterday or go back and look or find anything anymore. This is one garbled mess and definitively no longer user friendly....I wish they could go back to when it was logical and reasonable for a veteran to negotiate. I give up.....