Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Lou

Paid As Smc L1/2 & Now Aquired 3 Secondary Ratings

Question

Hi there,

Disabled USAF Vet. at 100% lupus(actually have Behcet's), 70% Dysthmia, 10% knee, 0%ED(receiving SMC K for this?), with A&A. I receive compensation under L1/2 for Spouse and 2 children(+SMC K). I have Obesity now due to my Behcet's which severely limits my mobility and ability to exercise and loose weight.

I just received some Medical Opinions and Support by several Doctors that used the KEY WORDS, "It is at least likely as not...." For DM2, Hypertension, and "Severe" Sleep Apnea. All 3 deemed as being caused by the medications and Obesity I have as related to my Behcet's.

I have GERDS but was denied it as being by Behcet's previously, but with Obesity being recognized as my cause of other problems now, I should be able to reapply again I assume as being Secondary to the Obesity and the Medications that cause Obesity and digestion problems?

What are the possible new SMC rates I may see? (I doubt they will denie the connections as they are supported by Medical Opinions from Dr's they chose).

Possible to get into the Rating awards in SMC at a levels higher than L1/2, M, N, O/P, R, or S?

To excited and curious to wait for the VA Board to go through the Red Tape and get back to me sometimes in the next few months(If lucky). So if anyone understands how the Ratings and SMC usually work, please feel free to speak up. :-)

Thanks!!

Lou

Share this post


Link to post
Share on other sites

Recommended Posts

Even though "S" seems later in the alphabet, it is actually less of a rating than "L". You can have up to 3 "K" awards. Loss of bowel and bladder are easier to add than most any other ratings, but remember that the "P" ratings of P-3 (additional 50%)or P-4 (additional 100%)can only be added one time and it can be either/or, but not both. P-1 is extreme loss of extremity and P-2 is loss of eyes basically. So, L 1/2 can jump to M 1/2 if P-4 is used.

Share this post


Link to post
Share on other sites

Ad

Thanks for the explanation on it, so basically I'll be given a rating of whatever the board decides it's worth and if I understand it correctly then....

Since the VA can play Devils Advocate as they often do then minimal I can expect is 3 new K ratings at $96.00 ea.(3x96=$288.00) in addition to the L1/2(+1 more child and A&A) I receive now? But if I'm lucky and the VA stays honest I can see M1/2(+1 more child and A&A) plus 2 K ratings?

I think I started this case back in 2002 initially, so would be sweet when Retro Pay is calculated. :-)

Peace and thanks again!

Lou

Share this post


Link to post
Share on other sites

Lou,

The higher rate $ amount tables can be found at va.gov

The "S" rating hasn't been used in years it is housebound, and it's a little lower, than aid & attendance.

Look at 38 USC 1114(a) "Start there (b), ©, --there are 8 pages of law on the different letter classifications;

(l)A&A (k)thru (n) and intermediate rate provisions.Then (o), (p) maximum rates. Then R1,R2 R2 needs professional daily care, contrasted to R1 need for regular daily care. R2 is in lieu of long term home/hospital.

M onward are amputations and injury to different body parts, legs, etc then eyesight & hearinglosses were added.

Share this post


Link to post
Share on other sites

Well here's an UPDATE.......as of Feb. 2009.....

I was granted not "3" Claims by the BVA.....but, "4"!!! heheh Yeaaaahhhhh!!!!

Sleep Apnea (Severe as I use a Bi-Pap).

Asthma (Take 2 meds for it, 1 Daily Nebulizer? To prevent and the other Ventolin 2xDay as needed).

Diabetes Mellitus 2 (Diet Control, Metaformin, keep getting Dumping Syndrome lately).

Hypertension (Take 2 Meds to control it, otherwise I avg. 150/100).

So at L1/2, wonder what the 4 above will bring me too for the SMC Ratings?

Oh wait now the BAD NEWS......hey we're dealing with the VA you know shit happens!

My Ratings request went to St. Pete's RO Rating Board and I just found out I'm behind 10,000+ delayed Rating Claims!!!

IS THIS CRAZY OR WHAT????? 1 Step with the BVA going forward since opening case in 2002/2003. Now 3 STEPS BACK with a hell of a loooonnnngg wait it seems!

To top it off, they want me to do more Health Exams to help set the ratings....."Uhm duh, like I am on medicine and controlling these granted conditions.....what should I do...jump off all the Meds I use to keep me going with these Secondary Conditions just so they can see how SICK I can really get???" These boards are driving me TRULY NUTS!!!

So any ideas on how I can get this thing expedited, besides letting myself get foreclosed on so I can claim Financial Hardship. I'm not that bad yet, but we're just staying a float, making it from mos to mos.

Should I tell them to take their exam and STICK IT????

Should I say fine, getting it done through Private Doctors of my choice with my own out of pocket due to Ratings Boards biasness IMHO since they already want me to get more exams rather than just look at the Current Medical Records.

Can't believe this I waited 6 years for the BVA to meet me on some Granted Conditions and now to have to play the waiting game again and who knows how long with 10,000+ ahead of me! Any guesses?

Any tips, tricks, ideas to get my ratings done sooner?? I'm all EARS! ;-)

Peace,

Lou

Share this post


Link to post
Share on other sites

Lou..

I also receive AA at the L rate and I still don't understand how they award the ratings. I as understand it they don't base it on how bad off one is but a formulary that is complicated to me...however saying that I would suggest you go to the BVA Appeal website and put in the search "Aid and Attendance" using 2008 as a starting date..you can go back further or else pull up what they have for 2009 but you will find how the board rules, what they look for and how they apply the ratings to the veterans disabilities. You will see what most Veterans do wrong during their exam or how they answer the questions posed to them by the Dr. examiner..you will see the difference between being "Housebound" the percentage needed for the Housebound rate and requirements for AA. Here is a link to go look at the cases:

http://www.index.va.gov/search/va/bva.html

Have a good day Lou

Robert

Hi there,

Disabled USAF Vet. at 100% lupus(actually have Behcet's), 70% Dysthmia, 10% knee, 0%ED(receiving SMC K for this?), with A&A. I receive compensation under L1/2 for Spouse and 2 children(+SMC K). I have Obesity now due to my Behcet's which severely limits my mobility and ability to exercise and loose weight.

I just received some Medical Opinions and Support by several Doctors that used the KEY WORDS, "It is at least likely as not...." For DM2, Hypertension, and "Severe" Sleep Apnea. All 3 deemed as being caused by the medications and Obesity I have as related to my Behcet's.

I have GERDS but was denied it as being by Behcet's previously, but with Obesity being recognized as my cause of other problems now, I should be able to reapply again I assume as being Secondary to the Obesity and the Medications that cause Obesity and digestion problems?

What are the possible new SMC rates I may see? (I doubt they will denie the connections as they are supported by Medical Opinions from Dr's they chose).

Possible to get into the Rating awards in SMC at a levels higher than L1/2, M, N, O/P, R, or S?

To excited and curious to wait for the VA Board to go through the Red Tape and get back to me sometimes in the next few months(If lucky). So if anyone understands how the Ratings and SMC usually work, please feel free to speak up. :-)

Thanks!!

Lou

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines