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]

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?

Dear Berta,

Yes I do have copies of this C&P exam. I did foward a copy to them in regards to my NOD on my right shoulder in which they increased to 40% I asked for 60% and loss of use.

The question I have is that will I recieve addtional Comp for this new 70%? In the award letter they did say they grant an earlier effective date to 18 months ago. Thank you again and God bless you.

Bound4Heaven

[Bound4heaven]

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

Dear Bob,

Thank you for your response. The continueing question I have is will I receive any addtional comp for the NEW 70% in which they gave me an effective date of 18 months ago or will I get nothing? , and have wasted 18 months og fighting and many C&p exams. It appears that might be the case. I do thank you and God bless you.

Bound4Heaven

[Berta]

Based on this statement from the vA:

"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" it looks like they are not going to send you any retro-

You will have to NOD that and ask them for the higher level that your medical evidence shows that you should be granted. I would certainly focus on the hand-arm disabilities and on the next level of SMC- which is either an M level or O-it is difficult to even contemplate the level because each case is so different.

The best thing to do is to read over the 38 1114 regs and see what category would be the highest one that reflects your SC disabilities and then shape the NOD to focus on the evidence that would prove that.

[Bound4heaven]

Based on this statement from the vA:

"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" it looks like they are not going to send you any retro-

You will have to NOD that and ask them for the higher level that your medical evidence shows that you should be granted. I would certainly focus on the hand-arm disabilities and on the next level of SMC- which is either an M level or O-it is difficult to even contemplate the level because each case is so different.

The best thing to do is to read over the 38 1114 regs and see what category would be the highest one that reflects your SC disabilities and then shape the NOD to focus on the evidence that would prove that.

Dear Berta,

Thank you once again, Yes I will focus on the arm condition. I guess I still feel a little numb. It appears that the 18 months have been in vein. I will put it behind me and learn from it. Thank you and God bless you.

Bound4Heaven