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LanceJoseph

First Class Petty Officer
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    109
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About LanceJoseph

  • Rank
    E-5 Petty Officer 2nd Class

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USMC
  • Hobby
    Long range shooting

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  1. I feel as though its not even worth fighting at this point, At least I still have ch 35 benefits which is really cool.
  2. The real bummer is when I received my award letter from the BVA in 2018 it was just that, an award letter. It did not go into any additional benefits that might be afforded to me. Now with the most recent increases on Dec 2019 I was granted an award letter with reasonings and also had a page labeled additional benefits, Which is why I assumed I had plenty of time.
  3. Long story short just wait and see what the VA says on Monday, I doubt you're going to run into any trouble for working up to this point but like I said it pays to be vigilant and forward thinking with the VA. Seems to me you are at the 100% rate, so even if they decide to make TDIU moot nothing should change. Let us know how this goes.
  4. Hello all, Long story short I was rated TDIU P&T 01/31/2018. I recently filed for an increase and was raised to 100% P&T scheduler on 12/20/2019. I was under the impression that I could now file for S-DVI. I received a letter of denial because I sent my application in on 02/04/2020 which puts me at 4 days over my limit! Is there any way to fight this? S-DVI. Below is my denial and the reasoning. I guess this is all on me for misunderstanding my eligibility.
  5. 19K4life, Go to Ebennies, log in and go to the upper right and click on Dashboard. Scroll down to a box that says "things you can view from here" and Click on Additional benefits, Then click on Special monthly Comp. This should give you a detail reason you as to why you are getting smc-k
  6. As BUCK52 says here, is what I have been told. I am still technically IU but also 100% P&T but because I have not shown I can hold gainful employment therefore I keep my SMC until that happens. I was told the same thing, that the VA is Maximizing my benefits if only for a year in my case once I start working. I would also ask the VA on monday why you are being given SMC award, check your dashboard on Ebenfits and click on additional benefits (it should go into detail as to why your receive SMC)
  7. 19K4life - The best advice I can give you is to call the VA Monday. 1. Ask for claim clarification and find out if going back to work would render your IU moot and thus go to scheduler. 2. Get all paperwork together, sick days, even a buddy statement from a manager on how impactful your disabilities have been. 3. Inform the VA that you have been temporarily employed. 4. Request a copy of your code sheet!!!! ( this will allow to see what each rating is static or Not) Static is unlikely to change and therefore no future exams unless you give them a reason I believe if you continued to hold employment your IU will become moot and you will continue to be paid at the scheduler rating. I also believe your smc award will stand because it isn't due to the 100+60 rule, If i had to guess its due to your knees. which is why yours shows up on your award letter and mine does not, mine is dependent on TDIU and the 100+60 rule. Hope this helps brother! PSA- All of this is my opinion and i'm not interested in getting into an information pissing match lol.
  8. 19k4life, I am in the exact same boat as you I was awarded TDIU w/SMC-S.My EB award shows both but my SMC isn't listed on my award letter, Its inferred due to TDIU. I have consulted with many ppl at the VA. What I have been told again and again is that My IU award will stand until I am able to maintain gainful employment. Once that happens I will lose my SMC-S and get paid at the 100% scheduler P&T rating.
  9. My TDIU was based on a mental health 70% rating, this made me eligible to SMC-S due to both the 60% rule & Housebound (or atleast from what I've been told). My knees are rated at 40% and back & shoulder at 20% from the most recent increase, this is was brought me to the 100 P&T.
  10. This is where I am confused though, every one I have talked to (Peggy and DAV) says I am rated at the 100% P&T level, with no future exams scheduled, which makes my IU moot and that returning to work will have no bearing on compensation. I guess I wont actually know until I hear from them.
  11. So I have called peggy more than once, also the DAV. No one can seem to answer my question. I was rated TDIU P&T + SMC-S by a BVA decision in late 2017, I recently filed for an increase on my knees & back which have gotten progressively worse since the last C&P in 2013. From that request of increase I am now rated 100% P&T. I have been in Voc Rehab for the past two years and trying to get myself to at least a part time position, I am still young and I want to be productive, Not saying those that cant work aren't but when i was volunteering it was a horrible experience, I was bossed around and treated worse than cheap labor and when I couldn't do something I was ridiculed for it (this was at a VA hospital). My question is if I return to work will the VA consider my SMC-S an overpayment? The DAV says I was given SMC-S due to housebound and also the Over 60% rule (which no longer applies). I was also told that my SMC-S will never be treated as an overpayment because it wasn't my decision on whether I received the benefit or not. I am not worried about losing the SMC benefit, I am more worried about the VA sending me a letter that I owe them a ridiculous amount of funds. Also if there is anyone that can give me some advice on how they would return to work or their experiences? Do I need to contact the VA when I return to work? On my benefit verification page it has check marks for both 100% TDIU and that I am 100% P&T.
  12. Thank you all for the replies and clarification! and I just sent in my application for SDVI. Not sure how to purchase the extra amount because I didn't see an option for it but will do more research,
  13. I was just recently rated 100% P&T and was told I am eligible for chapter 35 DEA benefits. I do not currently have any dependents. I was told that DEA benefits have a shelf life of 10 years to be used. So in my situation my possible future children could not use this benefit?
  14. Hello all, A bit about my situation. I was rated TDIU and recently filed for an increase on some issues that the BVA denied. I was increased from 10% to 40% each knee, and 10% to 20% for lower back. This put me in the 100% P&T threshold. I also filed for an increase with my Hiatal Hernia. Below is there reasoning for denying an increase of GERD. They list all but one contention that would need to be met, but what they fail to understand is I have constant arm/ shoulder/ upper chest pain from an AC separation which I am also service connected for. So when asked my symptoms I would have never guessed besides having upper chest pains that my arms and shoulder would be effected by my GURD considering I had considerable pain there regularly. My question is should I file an NOD or just let it go and not "rock the boat" considering I am at 100 P&T?
  15. I received this same email, I just recently went from TDIU to P&T.
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