ptsd At Least Likely Or Not

[JohnM]

We are waiting on the dicission on the appeal of My Brothers PTSD, which she said she would be willing to give him 70% plus P&T. But we have other medical conditions to file and we have so far Two HMO Doctors stating " At least Likely as not" for two other conditions. Question is should we file these if they give him 100% and would they consider an HMO DR. saying at least likely as not. I see Betrayed is 290% what does this all mean, you can only get paid for a 100%. We are waiting for 3 more doctors and he will be going to a pulmnary specialist so that would be another Dr.

Thanks is advance for your answers.

JohnM's Wife Dianne

[sixthscents]

John and Dianne, you ask several good questions which I will try to answer in order.

We are waiting on the dicission on the appeal of My Brothers PTSD, which she said she would be willing to give him 70% plus P&T.

Who said?

But we have other medical conditions to file and we have so far Two HMO Doctors stating " At least Likely as not" for two other conditions. Question is should we file these if they give him 100% and would they consider an HMO DR. saying at least likely as not.

John you should always file for any illness you believe to be service related or connected. Certainly if you have an Inedendent Medical Opinion which back up your statement I would file it. 100% or not, does not matter I would file it.

I see Betrayed is 290% what does this all mean, you can only get paid for a 100%.

Well, actually no you can get paid for other things above 100%. This is called Special Monthly Compensation, and percentages ABOVE 100% CAN entitle you to extra pay, as well as just having certain illness's or injuries... this is covered in CFR 38 Section 3.350 you can do a search and read about it or if you still have questions ask, but try to read about it first ok?

Dianne, personally I'd like to thank you. Obviously you are trying very hard to be supportive with this, and there is no way of really saying thank you enough. Our spouses and relatives are the keystone upon which we stand often, especially during times like these.

We are waiting for 3 more doctors and he will be going to a pulmnary specialist so that would be another Dr.

Thanks is advance for your answers.

JohnM's Wife Dianne

Edited May 18, 2007 by sixthscents (see edit history)

[JohnM]

John and Dianne, you ask several good questions which I will try to answer in order.

We are waiting on the dicission on the appeal of My Brothers PTSD, which she said she would be willing to give him 70% plus P&T.

Who said?

But we have other medical conditions to file and we have so far Two HMO Doctors stating " At least Likely as not" for two other conditions. Question is should we file these if they give him 100% and would they consider an HMO DR. saying at least likely as not.

John you should always file for any illness you believe to be service related or connected. Certainly if you have an Inedendent Medical Opinion which back up your statement I would file it. 100% or not, does not matter I would file it.

I see Betrayed is 290% what does this all mean, you can only get paid for a 100%.

Well, actually no you can get paid for other things above 100%. This is called Special Monthly Compensation, and percentages ABOVE 100% CAN entitle you to extra pay, as well as just having certain illness's or injuries... this is covered in CFR 38 Section 3.350 you can do a search and read about it or if you still have questions ask, but try to read about it first ok?

Dianne, personally I'd like to thank you. Obviously you are trying very hard to be supportive with this, and there is no way of really saying thank you enough. Our spouses and relatives are the keystone upon which we stand often, especially during times like these.

We are waiting for 3 more doctors and he will be going to a pulmnary specialist so that would be another Dr.

Thanks is advance for your answers.

JohnM's Wife Dianne

You asked who said:

The woman at the appeal in Milwaukee,WI last Monday said to have the VA Pyshic fill out a form and for LeRoy to fill out the form for IDU and hand it in before the end of the week and she would grant him the 70% PTSD and IDU to give him a 100% But his medical conditions are worse especially his lungs, and of course we just found all of this out in the last few months.

Thank YOU for your answer I will fax this to him and his wife right away.

[jbasser]

The higher the percentage the increased chances of getting a higher compensation award like housebound of maybe even a SMC. Of course it all depends on the actual listed disabilities.

[allan]

>and would they consider an HMO DR. saying at least likely as not.

John and Dianne,

concerning the "type" of consideration you may receive on any medical opinion containing the statement," at least as likely as not bases", "on a more probable than not basis" etc.

Where a private treating physician stated, (after viewing a copy of my c-file & his medical records) that in his professional opinion, as an MD, that "on a more probable than not bases" the claimed issues are in deed service connected.

He stated he also was in agreement with the Dept of Veterans affairs C&P examiners previous medical opinion, which also stated,"on a more probable than not bases". That all issues the "BOARD" sent back down for re-examination with an opinion were service connected, as symptoms & exacerbations have been steady over the yrs.

Almost every RO rater including a DRO, has stated my private physicians opinion said, on an "probable and not basis".

One said "on an eddie & hot bases" is what the doctopr stated.

It all about what "they" state the dr stated as to wether or not it has any weight as evidence.

Any statement from a DR that says a veterans issues are service connected on a"probable and not bases", cannot expect to be granted SC, can they? Then they will follow right after with, how veterans are supposed to have valid evidence to support their claims & qoate codes.

THIS is what they recieve bonuses for!

[allan]

Special Monthly Compensation (SMC)

Special Monthly Compensation (SMC) is a rate paid in addition to (i.e., SMC (K)) or in place of 0% to 100% combined degree compensation. To qualify, a veteran must be disabled beyond a combined degree percentage or due to special circumstances (i.e., aid and attendance, loss of use of one hand, etc.). SMCs are referred to by the letters (K) through (R.2). These alphabetic designations follow the paragraph numbering system in 38 U.S.C. §1114 (also see references to that in 38 CFR §3.350 below).

Eligibility criteria, see 38 CFR §3.350 (Special Monthly Compensation)

Rates, see Special Monthly Compensation (SMC)

http://www.vba.va.gov/bln/21/Benefits/

[allan]

Special Monthly Compensation (SMC), Last Updated 09/29/06

http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_sech.doc