Just Received Increase Decision From Varo (great News)

[Bound4heaven]

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 May 6, 2006 by Bound4heaven

[Bound4heaven]

"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.

Berta,

I don't know which level of smc I am on, the VARO has never informed me. I am unclear what is going on.

You refer to me receiving amother letter. What letter would that be? They agreed to en effective date of ver 18 months ago. Will I receive amy comp amount for that time? I hope so. Thank again Berta and God bless you.

Bound4Heaven

[Berta]

The 'letter" I mean is the actual decision- OK- I re-read your post and you were refering to that-sorry-

"I don't know which level of smc I am on"

Do you feel comfortable telling us what amount you get monthly and for how many dependents?

We could figure out the SMC level you are on-

Isnt it a prior decision?

Or the 800# people should know.

What did the VA actually say about SMC after they said this:

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

[Bound4heaven]

The 'letter" I mean is the actual decision- OK- I re-read your post and you were refering to that-sorry-

"I don't know which level of smc I am on"

Do you feel comfortable telling us what amount you get monthly and for how many dependents?

We could figure out the SMC level you are on-

Isnt it a prior decision?

Or the 800# people should know.

What did the VA actually say about SMC after they said this:

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

Berta,

This is prior to the new award letter in question. The 800 VARO reps are out to lunch. I called another time and got a VARO rep that said he had no idea on what is going on with my claim, and would not allow me to talk to supervisior. Thank Berta. God bless.

Edited May 9, 2006 by Bound4heaven

[sixthscents]

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

Go here and click on the link under Aid and Attendance Allowance CFR 38 3.350. This outlines exactly what each SMC rating requires. You can have loss of use of both feet/lower limbs and still qualify for a higher rating than L depending upon your other disabilities. Also Housebound is a factor perhaps dependent upon your particular situation.

The regulation is pretty clear so read it, and if you still have a question give a yell.

Also, the loss of use of both feet/lower limbs is considered the same as amputation of both limbs at that level, and compensated accordingly. As stated, it is not 2 ratings of K, but a bump up to L. The compensation rate tables are located here:

http://www.vba.va.gov/bln/21/Rates/comp02.htm

So you can see what you are supposed to get based upon your level.

Bob Smith

[sixthscents]

OK, I actually read your whole post so I understand a bit better.....heres a couple of things that may apply

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

Also...

(5) Three extremities. Anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities shall entitle a veteran to the next higher rate without regard to whether that rate is a statutory rate or an intermediate rate. The maximum monthly payment under this provision may not exceed the amount stated in 38 U.S.C. 1114(p).

Also...

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

Since you are seeking 60% I guess you already understand this...also

If you are recieving SMC at say L and you have another injury that would qualify you for L or higher as well...you go to O...ok?

It's a bit convoluted, but read thru it all and it kinda starts to make sense....from what I see you have if they determine that you have loss of use of that arm or hand then you should be entitled to the next higgher rate at least....

Bob Smith

[Berta]

Best I can tell that would be the SMC L 1/2 award-

vet-spouse -one child 3363 per month and then 136 for the two additional children-

I agree with Bob- as he sees this-

"from what I see you have if they determine that you have loss of use of that arm or hand then you should be entitled to the next higgher rate at least...."

I feel that anyone asking for SMC should practically tell them what level they expect and why-

On the arm NOD- they will want evidence of loss of use of-

if it involves your hand- that means, unable to dial phone , pick up coins, write legibily-etc---

the arm condition will involve loss of abilty to flex elbow, loss of strength, stuff like that.

That is why these BVA decisions are so good as a reference- it takes time to search for similiar disabilities but then it shows why they awarded and at what level or why they didnt.

Do you have copy of all C & P results for these conditions?