diabetes What Do You Make Of This?

[jbasser]

So what if they did. Were you getting the SMC before?

If not then you may have a gripe. The regs on SMC S are defined by t he title 38 and the United States Code. There is a difference then US code which is boss to the title 38 Cfr states total plus 60. Nowhere does it mention 100 percent. The CFR has a subparagraph added that states 100 percent. That was sneak job to begin with. If you are eligible for the total plus 60, fight for it.

If you will not gain anything, let it go.

That is what Bradley V Peake is all about. Total V 100 percent.

J

[Will314159]

i don't have a gripe. i get the same amount of money both ways

1) nov 09 70% PTSD IU with bradley HB &

2) jan 2010 100% PTSD schedular w/ HB no Bradley involved

i was just speculating that with the two rating decisions so close in time and on top of each other, the VA was trying to decrease the number of Bradley ratings.

Enough Said. I thought the point clear.

[jbasser]

It does appear to be rather odd. Are you P and T and have you always been P and T?

That would come into play.

J

[Will314159]

the nov 09 decision said P&T, awarded Chap 35 benefits for the wife, deferred the frozen shoulder. there's always the last page of the decision they don't send you which indicated if there's any future exams b/ you can find out by requesting a Commissary letter. The Commissary letter said i had a future exam scheduled a year from now.

in jan 2010 they gave 100% schedular P&T, same Chap 35, gave 30% for frozen shoulder bilateral which is moot b/c it's not more money b/c i already had over 60% for HB.. And on the face of the decision said no improvement foreseen & no further exams, which the Commissary letter echoed.

Being lazy i had put off getting the tan ID, so i didn't have to get it twice. they issue Morale & Welfare I.D's with expiration dates. It's much better to have one that says Permanent!

there's a lot of ways to interpret it, but they could have left me at 70% PTSD w/ IU, b/ i still think the raters look better w/ less Bradley cases. Just speculating, of course.

[Will314159]

the nov 09 decision said P&T, awarded Chap 35 benefits for the wife, deferred the frozen shoulder. there's always the last page of the decision they don't send you which indicated if there's any future exams b/ you can find out by requesting a Commissary letter. The Commissary letter said i had a future exam scheduled a year from now.

in jan 2010 they gave 100% schedular P&T, same Chap 35, gave 30% for frozen shoulder bilateral which is moot b/c it's not more money b/c i already had over 60% for HB.. And on the face of the decision said no improvement foreseen & no further exams, which the Commissary letter echoed.

Being lazy i had put off getting the tan ID, so i didn't have to get it twice. they issue Morale & Welfare I.D's with expiration dates. It's much better to have one that says Permanent!

there's a lot of ways to interpret it, but they could have left me at 70% PTSD w/ IU, b/ i still think the raters look better w/ less Bradley cases. Just speculating, of course.

OK

there's another way to skin this cat!

I was reading on a PTSD forum that a rating of 70% PTSD and IU is problematical for the VA according to one of their "fast letters." The reasoning being is that a lot of the PTSD cases have been historically under-rated and that a vet with a 70% PTSD rating that is unable to work has in fact been under rated and should have been rated at 100% from the beginning! Upon reconsideration, I think that is what is really going on! The rater realized the better way to go!

[jbasser]

Go get you an ID card. Now it will say indefinate on the expiration date.

J