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About Will314159

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    E-3 Seaman

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  • Service Connected Disability
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  1. Max, the three legged Labrador Retriever wonder dog greeter, just turned 14. His sister Maggie Mae, the Cockerel Spaniel guard dog will be four soon. Max is draggin & takes a fish oil pill & the dog equivalent of Celebrex. We know it's just a matter of time w/ Max. Maggie Mae has Evans's Syndrome and only Azothioprene keep her feisty, b/ she is that and she gives the mailman and cats hell. Of course, she can only chase the cats that run, sometimes, they turn around & chase her back. And there's one, Emily, that brazenly comes right up to her & rubs heads w/ her. Really stupifies her, u can imagine, the world turned upside down! And that's Life, Cats that refuse to run, or turn around and want to chase you back, or brazenly want to rub heads w/ you. What is young girl to do?
  2. OK there's another way to skin this cat! I was reading on a PTSD forum that a rating of 70% PTSD and IU is problematical for the VA according to one of their "fast letters." The reasoning being is that a lot of the PTSD cases have been historically under-rated and that a vet with a 70% PTSD rating that is unable to work has in fact been under rated and should have been rated at 100% from the beginning! Upon reconsideration, I think that is what is really going on! The rater realized the better way to go!
  3. hmm, the edit feature did not pop up providing the ratings equal the percentages required for IU A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have One service-connected disability ratable at 60 percent or more, OR Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more. If after the IU rating, then under Bradley vs. Peake court ruling, you still have other disabilities that combine to over 60% you are eligible to be paid under SMC-S, also called Housebound.
  4. "it goes on to state: "With respect to the Veteran's claim for TDIU, the claim is inextrcably interwined with the grant of service connection for a cervical spine disability discussed abgove. After implementing the Board's grant of service connection, the RO should readjudicate the claim for TDIU. The Board notes that the Veteran's residuals of a left tibia fracture, left knee recurrent subluxation, and left knee tender scar are disagilities of a common etiology, and therefore meet the schedular criteria for agrant of TDIU under 38 C.F.R. section 4.16(a)." 1)After implementing the Board's grant of service connection, This means SERVICE CONNECTION has been granted, we need to move on past this point, bro; 2)The Board notes that the Veteran's residuals of a left tibia fracture, left knee recurrent subluxation, and left knee tender scar are disagilities of a common etiology, and therefore meet the schedular criteria for agrant of TDIU under 38 C.F.R. section 4.16(a)." This means AWARD IU, or we are going to spank u for further wasting our time!
  5. the nov 09 decision said P&T, awarded Chap 35 benefits for the wife, deferred the frozen shoulder. there's always the last page of the decision they don't send you which indicated if there's any future exams b/ you can find out by requesting a Commissary letter. The Commissary letter said i had a future exam scheduled a year from now. in jan 2010 they gave 100% schedular P&T, same Chap 35, gave 30% for frozen shoulder bilateral which is moot b/c it's not more money b/c i already had over 60% for HB.. And on the face of the decision said no improvement foreseen & no further exams, which the Commissary letter echoed. Being lazy i had put off getting the tan ID, so i didn't have to get it twice. they issue Morale & Welfare I.D's with expiration dates. It's much better to have one that says Permanent! there's a lot of ways to interpret it, but they could have left me at 70% PTSD w/ IU, b/ i still think the raters look better w/ less Bradley cases. Just speculating, of course.
  6. i don't have a gripe. i get the same amount of money both ways 1) nov 09 70% PTSD IU with bradley HB & 2) jan 2010 100% PTSD schedular w/ HB no Bradley involved i was just speculating that with the two rating decisions so close in time and on top of each other, the VA was trying to decrease the number of Bradley ratings. Enough Said. I thought the point clear.
  7. correct, you have to read my post closely in my november 2009 rating, Bradley applied, i was given HB w/ an 70% IU rating w/ a further exam scheduled a year later, then shortly thereafter in January of 2010 i was bumped up to 100% schedular w/ HB & no further exams scheduled my theory is it was done to decrease the number of Bradley vets.
  8. What do you make of this? I put in a claim for IU, frozen shoulder sec to DMII, flat feet secondary to service records in sep 2008. Sent in supporting documentation w/ claim. sent in claim thru DAV. Had a mental health exam in july 2009, as well as a physical C&P Exam, & an eye exam in July 2009. Never was examined for frozen shoulders (bilateral). At the time I i'd had a rating of about 84%, 20% DMII, 30% PTSD, and the rest for conditions secondary to diabetes such as bilateral neuropathies, HTN, etc. & SMC-K. Had had all this for about 7 years. In November 2009 I was rated 70% PTSD, given IU based on the 70% PTSD w/ SMC-S. With a future exam in a year. Frozen shoulder exam deferred. Flat feet sc, b/ rated 0%. I found about the future exam from the commissary letter, that i wasn't permanent. I had my regularly scheduled mental health appointment at the VA in December. NOW, here is the KICKER. In January, I am rated again b/ no more money. 100% Schedular PTSD w/ SMC-S. Now the letter never talks about SMC-S, just a bunch of "housebound" verbiage which confused the heck out of me b/c i know i am not housebound, b/ i figured out later from this board what it meant. And they rated my shoulders from the medical info I had sent in a year and a half ago as 30% bilateral. They said in that letter, that based on my latest exam, it was obvious my mental condition was worse & was not getting better % hence 100% was in order with no further exams being necessary! What is going on? Does the VA not like that court decision T-Bird listed in the fast letter, Bradley v. Peak- where SMC-S is based on IU is awarded and wanted to get me out of that category?
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