Berta Or Others In The Know

[gdsnide]

OK Here we go

As I have stated on the board I was granted an "L" award on Special Monthly Compensation.

This was approved at the RO which I find difficult to believe as they have never approved a darn thing I have sent in.

OK...I have at least 7-8 VA Docs saying I need A & A & one saying I need it 24 hours a day & 1 or 2 IMO's which state "I need A & A"

I asked Berta if I should talk with a Lawyer & she seemed to think it was a good idea & I called Karl (Lawyer's Name I got from Berta} today & am waiting for him to call me back.

I know I have asked this question before but I just want to be reassured that how ever long it may take said Lawyer to complete this claim that I will be receiving the award that was granted to me.

I already received back pay which went back to 1997.

Also, I believe with all the evidence I sent them I deserve a higher rating than an L & hope the VA agrees after I "sic' a Lawyer on them"

So, that's the question & any input I would sincerly appreciate.

Also, has anyone been in this position before & if so how did said person fare with the VA?

Thank U as always for the input

GARY

[Berta]

Gary -the SMC stepping stones (the regs) to higher levels are a vast and complex maze of medical stuff.

The VBM from NVLSP explains these levels better then the VA does.

I have posted some of their info and it is at hadit under a search-but I am not allowed to copy and post pages of the VBM-

These higher levels are very unique to the specific veteran's situation and overall disabling picture- you can find some good info by putting SMC M or SMC R-1 into the browser at the search thing at the BVA web site-use the most recent cases and there will be some true cases there as to how BVA denied or awarded the higher levels of SMC.

Karl should know the SMC regs as well as the many combos that can lead to higher SMC rates.

Rich is our inhouse SMC expert here-

I have a SMC CUE claim and could not tell VA how much they owed me in accrued SMC until I bought and studied the VBM-

My husband's medical evidence showed he should have been in the R-1 criteria-for the last 2 years of his life-but it took me a long time to figure that out.

PS the regs should be attached to their recent A & A award.

[john999]

If Karl does not know he will find out is my impression. He understands the finepoints I believe of the VA law. He did my CUE and showed that he knew how to avoid pitfalls and there are many.

[gdsnide]

Gary -the SMC stepping stones (the regs) to higher levels are a vast and complex maze of medical stuff.

The VBM from NVLSP explains these levels better then the VA does.

I have posted some of their info and it is at hadit under a search-but I am not allowed to copy and post pages of the VBM-

These higher levels are very unique to the specific veteran's situation and overall disabling picture- you can find some good info by putting SMC M or SMC R-1 into the browser at the search thing at the BVA web site-use the most recent cases and there will be some true cases there as to how BVA denied or awarded the higher levels of SMC.

Karl should know the SMC regs as well as the many combos that can lead to higher SMC rates.

Rich is our inhouse SMC expert here-

I have a SMC CUE claim and could not tell VA how much they owed me in accrued SMC until I bought and studied the VBM-

My husband's medical evidence showed he should have been in the R-1 criteria-for the last 2 years of his life-but it took me a long time to figure that out.

PS the regs should be attached to their recent A & A award.

Berta & John....Thank U for the replys. OK, I looked around at the BVA site some & about got dizzy...HA

I have to mail a copy of my Award to Karl so will let him figure out the legal end of it. Way I figure it if a Lawyer takes a VA Claim there's a good chance one may win as they work on the 20% of back pay with nothing up front.

So, if I may, Thank U again

Actually I'm happy with the L Award ( Finally won one on my own) but got to thinking I may be able to get a higher award & the reason I am pursuing that is because I think it would be a good idea to sit up some sort of "Trust Fund" (Or something of that sort) for my 4 Grand Children.

That way when they get older ( Youngest is 1 year old & Oldest one is 21) & take that money & throw it away on goofy stuff (HA) they can say " Ya Dude, I got this from my "Crazy Ole Grandpa" HA

Seriously, if they accrue enough compound interest ( If the Interest Rate ever raises or what ever some money advisor could tell me what would be a good idea on how to sit up something like this) the younger one's should have a pretty good pile of cash & could apply it to their education or a fast car & a bunch of Tattos. HA

So that is my sole purpose for getting in touch with Karl & seeing what he can do.

Guess that may sound kind of dumb to some but I'm just mellowing out in my "Old Age" & would really like to help them any way I can & I figure cash is the best way.

The youngest one, I doubt if I'll ever see her get any money from whatever I sit up (I'm 61) but I think back to when I was younger & I know I would have liked to have had the same deal sit up for me

Thanks again

GARY

[Berta]

Gary-we think alike-

I made sure the VA knows who my Estate lawyer and my beneficiary is because my award will come under Nehmer- so if I croak-the VA is not off the hook-they have to pay Nehmer money out to my estate and cannot keep it in their coffers.

I think every one should have a financial plan in place for their beneficiaries-you might have more assets than you think- and a plan as well as a will can alleviate a lot of stress.

If you can get whole life insurance-this is a wonderful way of thinking ahead-one of my policies is solely for the taxes on my farm and my other land-in the event of my death and that it could take time to sell it all-

This stuff is expensive-Life Insurance-

but even a small Christmas club account can be turned over into a CD instead of spending it-

I know how difficult it is these days to save-I am old enough to remember driving around all night long on a few bucks in gas.

Also I was widowed twice -both vets had catastrophic illnesses-and my rainy day savings got us through both times- although it was very difficult-

But when we do get significant awards from the VA- in my opinion- that is sure the time to pay off the credit cards-even the mortgage if you can and then start a savings plan of some sort.

And make sure you get a Health Care Proxy with the will.

[gdsnide]

Gary-we think alike- Thank U for saying that as I have great respect for your intelligence

I made sure the VA knows who my Estate lawyer and my beneficiary is because my award will come under Nehmer- so if I croak-the VA is not off the hook-they have to pay Nehmer money out to my estate and cannot keep it in their coffers. Berta, once again U lost me on that one.I have no idea who Nehmer is.

I think every one should have a financial plan in place for their beneficiaries-you might have more assets than you think- and a plan as well as a will can alleviate a lot of stress. Well, I know for sure I'll have 5-6 Cartons of cigarettes because when I was 12 if U wanted to be "KOOL" one had to emulate "JAMES DEAN" with the cigarette hanging out of your mouth..HA

If you can get whole life insurance-this is a wonderful way of thinking ahead-one of my policies is solely for the taxes on my farm and my other land-in the event of my death and that it could take time to sell it all- Ok. Here I'm looking pretty good as I have a 100k Policy I took out in my 20's which is a Universal Life Policy which is the same as a "Whole Life" but just a little more flexible & my Wife has a 50k "Whole Life" policy

This stuff is expensive-Life Insurance-

but even a small Christmas club account can be turned over into a CD instead of spending it-

I know how difficult it is these days to save-I am old enough to remember driving around all night long on a few bucks in gas.

Also I was widowed twice -both vets had catastrophic illnesses-and my rainy day savings got us through both times- although it was very difficult-

Ya, I can relate to that. When my Mom died they didn't put a Death Date on the damn Tomb Stone & wanted $40.00 to put it on there & I really had to hustle to come up with $40.00 & I have to say "I have 2 brothers & a Sister but none of them seemed to be interested

But when we do get significant awards from the VA- in my opinion- that is sure the time to pay off the credit cards-even the mortgage if you can and then start a savings plan of some sort.

OK...Have no Credit Cards as I sit down one day & figured how much I was paying in Interest & cut the damn things up. Only use a debit Card from the bank now. Kind of funny because when I was in Business my Wiffe had 36 (Yep,35) credit Cards & one of the damn things was to Nemin Marcus. I went to that store one tims & about fell over because of the prices they charged.I saw a lady by her daughter a 4238,00 Clutch Bag as she called it. Did see one thing interesting there. They had a "Stuffed Camel" they wanted $5,000,00 for.

And make sure you get a Health Care Proxy with the will

Berta, will have to show this to my Wife to make sure we have our provereable(Might have mis spelled that one) Ducks in a row.

Once again Thank U very much for sharing your knowledge

GARY

[Berta]

Gary- I think Karl will certainly be able to assess your medical evidence to see if it qualifies for a higher SMC level.

As I might have said -it took me a lot of time to see how my husband fit into the higher SMC levels.

SMC takes many factors into consideration and it is always an award that is unique to each veteran-

Lots of SMC stuff here too at hadit.

In some cases the VA will award "S" (100%SC plus 60% SC for independent other disability- but the reality is the vet might well be eligible for higher than the "S".

It all depends on medical evidence.