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Found 8 results

  1. Hello and TYIA for any responses and for reading my long post. BLUF: I would appreciate some insight or just plain ol speculatin on why the VA raters would submit me for a lumbar strain increase (that I didn’t submit for) while working on my current claim? Also, are secondary conditions disqualified in the 60% calculation for SMC Housebound? I know it says the 60% must be separate from the 100% condition, but how does this work if I’m on IU, with secondary conditions? I’m probably overthinking at 4am but why would they submit me for an increase for a condition when I didn’t ask them, and the increase has no bearing on the final rating due to VA math, unless it qualifies me for SMC, or they believe I should be qualified. I’ve never raised the issue of SMC and I’m still learning about it trying to figure out my claim, and I know they are supposed to do due diligence, but that’s not my first hunch since that’s why I’m still in this process. History: I filed a claim in 2015 for PTSD increase and TDIU, was granted increase in 2016 to 70% PTSD, denied TDIU. Combined, 80% with other SC conditions. BBE/VSO said I was denied increase to 100% even though I had a nexus statement from a psychologist saying total social and occupational impairment, at least as likely as not, etc., but they said because I was still employed (I was on long term disability leave but not yet “terminated” and yes they had the relevant evidence through my employer and insurance), and my VA treating provider’s opinion took precedence who didn’t feel my symptoms quite qualified me for total of course, though he‘s a CRNP versus a psychologist and I don’t think he even knows me. I thought they were supposed to take the rating and credentials that favor the Veteran but never mind me. I also survived and was approved for Social Security and life insurance premium waivers during this period without having to appeal, with the same medical information and evidence, with the same VA SC conditions, even coming from VA docs and providers. Of course I appealed the rating and TDIU denial (they can decide) in 2016. I also submitted a new claim for secondaries to PTSD, and in my fog, with that claim an increase for PTSD and TDIU, even though I already had those on appeal. I believe I read or was told somewhere (or maybe my brain made it up) that if I submitted new evidence, the raters could look back at the effective date and could EED to the original claim if the evidence shows and close the appeal. Or, they could approve me from the date of the new claim and the appeal could deal with the stuff before that. But what they did was what they are apparently supposed to do (according to Peggy and the VSOs): defer the appeal related claims to the appeal. DOH. Current Status: Early this month my claim progressed and I was granted an increase to 30% for IBS secondary to my 70% PTSD, and since I had a pre-existing 10% for nerve condition and 20% for lumbar strain, that brought me to 90%. My claim never went to complete and I never got the BBE, ebenefits bounced around from gathering of evidence to pending decision approval within days of my last C&P (I had one for PTSD and one for IBS). I’m not sure why they would give me a C&P for PTSD if they are deferring that part of my claim to appeal as I was told. Maybe they’re just giving me a checkup because my 30 appointments and inpatient stays and shock treatments over the past year weren’t enough medical evidence. I learned of the increase bc I got a small retro and my ebenefits letters and disabilities changed within days, but the claim stayed open. I found out by calling Peggy and VSO that it’s due to an increase for my lumbar strain that someone in the rating chain put in. I do have plenty of evidence in my medical records that show my back is also crap. I got sent to a C&P for my lumbar strain and now I wait in GOE. The C&P examiner, Peggy, VSOs specifically say I was submitted for an increase for my back, not a review. BTW, in ebenefiits in the disabilities section, the PTSD increase is still open, the TDIU disappeared, the IBS is rated, and the lumbar strain doesn’t appear. Yes, I know ebenefits is unreliable and I should find something else to do, but compulsively logging into ebenefits is an activity quite similar to playing a slot machine for me. Every 1 in 10000000 logins I might get a glimmer of hope, and it keeps me going lol. I Wonder: What difference does it make if I’m rated 20% or 30% for my lumbar strain? Why would this be raised since my overall rating won’t change from 90% either way? Trust me, I AM NOT COMPLAINING AND I AM GRATEFUL, anything they do (and they have been getting faster and more Vet-friendly it seems) positive for the Veteran that saves future agony and torture is an appreciated blessing. It would help in the future in qualifying for SMC, but I don’t qualify with the math now. Just wondering if they don’t have enough to do over there, because in the future I’d probably have to get another C&P. Also, I would have to have another condition at 30% for that math to work out, and I pray nothing else worsens enough for that to happen. Does “separate” mean it can’t affect the same body system or it can’t be a secondary condition? Because with secondaries, I could potentially qualify for SMC, and therefore the VA rater would be setting me up for success. Otherwise, it just seems like extra work for them when they could close my case and get their quota numbers and help another Vet...again, not complaining but whoever is on my file seems to be thorough regardless. I know they could be doing anything over there, and I’m glad they’re working on my claim, but just for s&g I’d appreciate any guesses or suggestions, and any help clarifying the SMC Housebound math thing please. Thank you all.
  2. Im currently at 70% disability rating. 70% PTSD and 10% Tunitis.I recently just had a a C&P for headaches/migraines, IBS increase, bilat. shoulders C&P, and allergies/sinusitus C&P.Today I get a yellow envelope from the VA and inside it is a VA FORM 21-2680 EXAMINATION FOR HOUSEBOUND STATUS OR PERMANENT NEED FOR REGULAR AID AND ATTENDANCE.Has this happened to anyone before?What is this for?Who needs to fill this form out?Any guidance would be great.Also I do not have a VSO. Thanks in advance!
  3. flores97

    100% schedular p&t

    I wanted to update everyone on the great news I received yesterday when ebenefits updated. I received, as a result of the NOD I filed in November of 2015, 100% schedular rating for my SC lupus, p&t with no future examinations scheduled. My other ratings remain-50% for MDD/Memory Loss, 20% for fibromyalgia, and 10% for gerd/hiatal hernia. I was also awarded inferred housebound. I want to thank alot of members on this site, like Broncovet, Buck52, Ms Berta, Asknod, Gastone, and many others for your invaluable knowledge and help. My children thank you as well, as I have one in college currently and one about to start in fall semester, and the Chapter 35 benefits will be a blessing. I ask going to continue to contribute as much as I can to any veteran that needs help, I will do my best to provide it. Thank you Hadit!
  4. Entitlement to special monthly compensation is warranted in this case because criteria regarding housebound have been met.
  5. I am wondering if I should filed for an increase for my MH issues, currently rated 30% for bipolar with panic/anxiety, also rated for other things giving me TDIU. My psychiatrist has brought up my agoraphobia a few times but I am beginning to realize it isn't getting any better and I wonder if I should apply for an increase as well as housebound. Does anyone have experience with this, advice? I know my MH rating is much lower than it should be honestly, I am fairly certain with my VA records that 70% would be a definite and possibly 100%.
  6. Ask Nod did a good job explaining housebound, SMC S. In summary, "housebound" in VA speak, means a Veteran can not leave the home FOR WORK. Many Vets seem to think they can not leave their home AT ALL to get housebound. https://asknod.wordpress.com/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ Apparently Mr. Howell was denied SMC S because he showed up for a C and P exam, and the VA concluded he was not "housebound" if he could show up at the VA for an exam!! This "catch 22" needed a resolution, as this would mean no one could qualifty for SMC S. The VA would order a C and P exam, and, if you failed to show you were denied for failing to show, and if you did show, you were "obviously" not housebound as you left the home to get an exam. This backfired for VA. Instead of closing the door to SMC S, it opened up the gate, because the court looked back at Congress's Intent: The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all. End of Ask nod quote.
  7. Im curios if anyone has gotten comp for arthritis secondary to a knee injury? Here is the deal: Im at 100 percent and am seeking the "easiest" route to SMC S. I have at least 4 possibilities to SMC S. 1. TDIU..since I applied in 2002, and have not been employed (SGE) since then. My TDIU claim was dismissed by RO as moot: the BVA appeal said it was "not moot" and remanded it to RO for an SOC. This is crazy and assumes the RO is going to deny the remand..predjudicing the RO. (The VA has a duty to maximize the benefits due to Veteran). However, when the RO "implemented" the BVA remand they "forgot" to even mention TDIU, even tho it was required by the Board. I appealed the RO decision but am interested in getting "on with my life" and not spend my last days fighting VA!!! 2. Arthritis of the KNEE(s). I have it in both knees, as it often happens with one knee injury, the other flares up also. I had a fracture in military and have developed arthritis in BOTH knees and its documented by xrays and several docs and physical therapists. My question is if I did get arthritis for the knees, it wont even qualify me for SMC-S unless its "About" 50%. I have 100% for depression 10 percent hearing loss 10 percent tinnitus. Not sure if SMC is added or combined (above 100 percent) but I need "at least" 40 percent for arthritis to make to to SMC S. Maybe somebody has gotten SC for arthritis of the knees and can share their percentage and symptoms. One doc says I have a "leg length discrepency". I dont have a firm "nexus" for arthritis but I may be able to persue it. Its somewhat compelling when you have a fracture that broken bone often gets arthritis. 3. Sleep apnea. Im not SC for OSA but definately have sleep apnea. Since they did not even know what OSA is in the 1970's this is a tough one to get SC'd on. No, I do not have a docs nexus linking OSA to service. Possibly or even probably my nexus has to be something secondary to depression..after all they make me take pills, at least some of which has led to weight gain (and sleep apnea). My doc did say if I could lose 50 pounds it would not guarntee getting rid of sleep apnea but it would likely reduce it. 4. Crazily, Im already "housebound" but its SMP housebound. The VA says Im housebound..but that its not service connected HOUSEBOUND. However, VA did not say in reasons and bases how I can be housebound NOT due to sc conditions. Thanks for the help. Id like to know your opinions on the best or easiest route to househound (SMC S). On ASKnod, he explained to be "housebound in fact" you dont need to NEVER leave the house..but never leave the house "for work". The VA was denying vets housebound if they showed up for a housebound c and p, reasoning if they made it to the docs for c and p, then they were not housebound. Buie struck that one down. Typical VA.
  8. Hello, I have been rated service connected 100% Permanent and Total Disabled with a SMC Special Monthly Compensation-S and that I have been found to meet the housebound criteria. I also receive SSDI. The 100% is based on one claim--others follow with an accumulated 165% service connected disablement. Retirement date: Jan 2006 I recently received a Bachelor's degree under the Post 9/11 program. I'm cautiously seeking some extra income as a trial, however, I am confused with all of the information I have sought over the internet to include the Code of Federal Regulations (CFR) 38 in particular section 4.15. My regional VA Officer said that it shows that I am 100% service connected P&T and that I can make any amount I choose without penalty. Can anyone help unconfuse me on all of this information? and/or Am I risking much too much?
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