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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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    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


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carlie

Special Monthly Compensation At The Statutory Housebound Rate

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when i went thru my PEB/MEB the VA rep suggested that i be considered for housebound do to my PTSD, depression, anxiety. My son has to bring to my appoinments as well as my wife, My question is, I get 100% TDIU as with 40% for Degenerative Disk to the lumbar area and 20% to the cervicle area of my neck, 10% for left shoulder 10% for right knee Now this was all done for this Pilot Program called DES (disabitly evaluation system) the Army medically retired on June 9 2011 at 100% the VA rep is recommending SMC (s) Im just waiting on the decision letter. If im denied SMC how do i Appeal it.

patriot,

Welcome.

Please repost your info and questions by starting it as a new topic in the

corresponding Forum.

Thanks

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Wondering if my being rated at 90% and awarded TDIU... 60% BACK CONDITION 50 MOOD DISORDER 10%PPARALYSIS OF THE SCIATIC NERVE...Do i qualify for SMC?

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ammawa, start a new topic as this one is 3 years old and has lost its pazazz.

J

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Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision?

SMC is an inferred issue in EVERY 100% rating - there is a section in the M21-1MR that discusses this requirement.

So, if you have a 100% rating, and the VA fails to consider SMC , this can be a valid basis for CUE (if you have no more time to appeal the Ratings Decision that failed to consider the SMC.

Just make sure that you can PROVE you are entitled to the specific SMC you seek - in a CUE claim, if you can't show that the "outcome would have been different" (even if the VA did make a clear and unmistakeable error) than you will not win.

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Thanks Chris, I posted here in the CUE forum how I won a SMC CUE in 2012. (4 cues in 2 CUE claims)

I had to file a CUE yourself claim within the appellate period on one part of the 2012 CUE award.This was one of my 1151 issues.

No reg for that I made it up and it has sure been working for me many times.

I got my award letter yesterday for the pending CUE on the CUE of 2010 from the CUEs of 2003 and 2004, but they forgot to pay me 20 months of 100% P & T , plus Smc, one wife, one child and the deceased veteran....

I did get the 6 months retro in 2012 but the evidence VA had at time of the cued decision warranted 26 months.

Thank for bringing CUE to our attention...It cannot be repeated enough....

The worst CUE of all is the one that is never filed.

And it is not a one shot deal like the vet reps want us to believe.

If the BVA dismisses a CUE without prejudice, that means the claimant can re shape it and file it again.

Thanks for your info you post here.

.

I filed another CUE yourself claim with the director of my RO,via email , on the decision this AM. for the award letter I got yesterday.

She is probably quite frazzed because I filed Sunday, a CUE on their 1151 denial.

I also sent Ms. Hickey a copy of her email to me , sent on Sunday, from her blackberry, telling me both of my claims had been denied.,which I relayed to Ms. Hickey, and here I find in the mail yesterday that the CUE was awarded and "granted"

(But still buggered up.)

I got a bogus medical 'opinion' but they have a VACO opinion ordered by GC when I won FTCA, that fully supports the 1151 claim.It was an additional malpractice issue that GC didnt not resolve.

They did not extend me BOD per M21-1MR quidelines.....never mentioned it at all.

I sent them the healthgrades credentials of this top VA doctor at VACO.

The CUE I filed was unusual. It attacks the BOD regs via their M21-1MR version, I posted it here somewhere.

Ms Hickey the Under Secretary got this moving in the first place.

Buffalo VARO had not even acknowledged these claims by mail in over 2 and 1.2 years.

They sent me the 5103 2 weeks ago.along with the " we are working on your claim" BS letter

I need to clarify that I not only won FTCA and 1151 DIC,for wrongful death , I also won 2 separate AO direct SC death awards.( AO IHD and AO DMII.) FTCA offset had to be refunded to me.in 2010

Since my husband had a posthumous award of 100% P & T for SC PTSD, also , this is why they have to pay me the additional 1151 100% benefits.

I posted those 1151 regs here some time ago.

NOTHING IS IMPOSSIBLE with the VA.

Edited by Berta

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