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Just Received Increase Decision From Varo (great News)

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Bound4heaven

Question

Greetings to all,

I just received my increase decision from my varo after 18 months Praise God!. They did not not include my new SMC level or my new monthy comp. I do not understand this am very confused at this decision. Can anyone help me.

My current rating is 100% T&P

50% SMC (Loss of use of extrimitys)

New % for increase 50% Mayofascial Strain

New % 40% (increased from 20%) Arm condition

New Increase Total is 70% effective date 18 months ago

The payment letter which I have always received (states payment will be made within 15 days) was not included. My new smc level was not included. My new monthy comp amount was also not included.

Did the person who sent this out make a mistake? can anyone give me any advice.

I do have 5 issues on appeal, however I would not think that should effect this at all, since there is no decison made. Thank you and God bless you.

Bound4Heaven

Edited by Bound4heaven
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  • HadIt.com Elder

The main thing is they owe you money and you will be paid at 100% rate. Congrats!!!!!

Veterans deserve real choice for their health care.

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It sounds like an error to me!

Maybe you should send a query via the VA inquery page as to where is the rest of the decision-

they usually always have a "what we will pay you" statement in any award letter-

Would it be awful if this is a new VA way of saving money?

Send the award letter and then just forget to send the money-

It could be that your claim is still being figured out as to the retro-have you asked the 800# people to explain this? Maybe there is another letter on its way ????

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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It sounds like an error to me!

Maybe you should send a query via the VA inquery page as to where is the rest of the decision-

they usually always have a "what we will pay you" statement in any award letter-

Would it be awful if this is a new VA way of saving money?

Send the award letter and then just forget to send the money-

It could be that your claim is still being figured out as to the retro-have you asked the 800# people to explain this? Maybe there is another letter on its way ????

Dear Berta,

Thank you once again. I do agree it has to be an error upon there part. God bless you.

Bound4Heaven

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Is the myofacia strain and arm condition all related?

Is it severe enough to be considered "loss of use of"?

I dont get it-

by loss of use of extremities-on the 50% - you mean your leg below knee for both extremities?

We do need Rich here! - the way I interpret this (page 341 of the VBM) this is the SMC "L" award-

I dont understand the 50 % rating you mentioned for extremeties-

It sure pays to look over 38 USC 1114 very closely to see what SMC category you fit into-

One other question - Bound- when you said 100% TDIU -you fully mean that one single condition has been rated at 100%? right? The SMC criteria involves a single 100% disability first and then the additional disabilities can kick in-

100% plus 60% for additional separate disability + SMC "S" award.

or then it can go into steps of SMC in 38 USC 1114.

I thought you had 100% and then when you mentioned the 50% SMC for extremities that has really thrown me off-do you already get 2 "K" awards for this?

Could you explain the breakdown of the award that you have now before you got this decision?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Is the myofacia strain and arm condition all related?

Is it severe enough to be considered "loss of use of"?

I dont get it-

by loss of use of extremities-on the 50% - you mean your leg below knee for both extremities?

We do need Rich here! - the way I interpret this (page 341 of the VBM) this is the SMC "L" award-

I dont understand the 50 % rating you mentioned for extremeties-

It sure pays to look over 38 USC 1114 very closely to see what SMC category you fit into-

One other question - Bound- when you said 100% TDIU -you fully mean that one single condition has been

rated at 100%? right? The SMC criteria involves a single 100% disability first and then the additional disabilities can kick in-

100% plus 60% for additional separate disability + SMC "S" award.

or then it can go into steps of SMC in 38 USC 1114.

I thought you had 100% and then when you mentioned the 50% SMC for extremities that has really thrown me off-do you already get 2 "K" awards for this?

Could you explain the breakdown of the award that you have now before you got this decision?

Dear Berta,

Thanks for yor response.

(Most recent decision 3 days old)

Yes the mayofascial strain(New rated at 30%) and the left nerve Numbness to second, thrird, and forth digits (New rated at 20%) are related as seconday to my right arm condition with they increased on this deision from 20% to 40% ( Impingement syndrome with tendonitis, dominant extremity).

The mayoficial, and numbness to second, third are secondary disabilities in regards to my right arm for over cmpanasting using my left arm and waliking with a cane.

There other decisions: 3 weeks old

Evaluation of lower extrimities to include varicose veins, pes planus and plater fasciitis and degenerative changes increase to 100%

Granted SMC on loss of the feet with addtional disabilities independently eculated as 50% disabling.

Prior to receiving this decision letter I was rated at 90% IU T&P paid at the 100% rate.

Other issues: I just talked to 2 VARO reps and they informed me that the above addtional disabilities in my last award letter I just received:

30% Mayofocial

20% Impairment of left median nerve

20% increase Right shoulder

They said that I was at my max in regards to SMC (They have never issued me a SMC Level, and that I was not going to be compansated even though they granted an effective date 18 months ago. They said I have reached my SMC limit. I asked them I have fought for 18 months for nothing. I got 2 IMO' (DR Bash one of them) and now you are telling me this doesn't matter. They said yes. I am in awe of it. I know I have not reached my maxium in regards to smc my award amount is only at the starting of SMC level.

I sent off a NOD on the right arm and requested a DRO and suported original edivence and why I warranted a 60% level.

For the first time in 10 years dealing with the VA I do not know what to do. I contated 2 SO's they were clueless. Can you or anyone else help me? Thank you and God bless you.

Bound4heaven

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"I know I have not reached my maxium in regards to smc my award amount is only at the starting of SMC level."

What is the SMC Level you get now?

This recent BVA case might help you-

http://www.va.gov/vetapp06/files2/0605441.txt

As I understand the VBM -loss of use of both feet- is not two "K" awards but the higher SMC level of the "L" award.

If you have loss of use of your hand-that seems to be an additional "K" award-

It seems to me that the entire arm condition is being separated into different disabilties-

shoulder, nerves and hand-

When you get their actual letter it will be easier to see why they denied SMC-but I dont understand what level you get now.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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