ptsd Can You Send In 2 Claims At The Same Time

[Lady]

Hi, just wanted to know if a person could send in a request for P&T and a request for getting s/c for new things to his PTSD. All is new information not sent to VA R.O. in the past. Or is it better to send in 2 different claims. Since this is new information ,I don"t want them to get one claim first and say I can't use some of the same new informatioon on the 2nd. I hope this makes sense I am trying to help some one with this .Thanks Mary

[Guest Berta]

bertha, i think SMC is the dictators code 21-21-71-00-0. i am 100% blindness w/a/a, plus 40% bilateral hearing loss, plus 10% bilateral tinnitus. i also have LPO for my eyes. i was wondering what would be the correct rate to be paid? i think it would be r-1. 38 usc 1114 (o) says blindness plus 40% bilateral hearing loss is an o rating but w/a/a plus LPO it would be r-1. could you find anyone with anything similar? thank-you, gene.

That makes sense- dictator's code- Gene-but I see what you mean on the R-1-with LPO-and will get back to you-

Here are the 2006 rates:Without Children, SMC-N 1/2 through SMC-S

Dependent Status N½ O/P R.1 R.2 S

Veteran Alone $3,956 $4,176 $5,968 $6,845 $2,678

Veteran with Spouse $4,091 $4,311 $6,103 $6,980 $2,813

Veteran with Spouse and One Parent $4,200 $4,420 $6,212 $7,089 $2,922

Veteran with Spouse and Two Parents $4,309 $4,529 $6,321 $7,198 $3,031

Veteran with One Parent $4,065 $4,285 $6,077 $6,954 $2,787

Veteran with Two Parents $4,174 $4,394 $6,186 $7,063 $2,896

Additional A/A spouse. See footnote (:) $122 $122 $122 $122 $1

One vet alone- R 1--- $5,986 per month-additional for wife and child-

Your question is with A & A and LPO should it be R-1 and I think you are right but will try to find similiar claim

at the BVA-

Is the VA considering the LPO- light perception only- as somehow less than blindness?

will post what I find- need to shut down- ice storm in New York-

If you have dependents Gene let me know- I can post that SMC chart too---

TABLE II

RATINGS FOR MULTIPLE LOSSES OF EXTREMITIES WITH DICTATOR’S RATING CODE AND 38 CFR CITATION

Impairment of other extremity

Impairment of one extremity

Anatomical loss or loss of use below elbow

Anatomical loss or loss of use below knee

Anatomical loss or loss of use above elbow (preventing use of prosthesis)

Anatomical loss or loss of use above knee (preventing use of prosthesis)

Anatomical loss near shoulder (preventing use of prosthesis)

Anatomical loss near hip (preventing use of prosthesis)

Anatomical loss or loss of use below elbow M Codes M-1 a, b,

or c, 38 CFR 3.350©(1)(i) L Codes L-1 d, e, f,

or g, 38 CFR 3.350(B) M 1/2 Code M-5,

38 CFR 3.350(f)(1)(x) L 1/2 Code L-2 c,

38 CFR 3.350(f)(1)(vi) N Code N-3, 38 CFR 3.350(f)(1)(xi) M Code M-3 c, 38 CFR 3.350(f)(1)(viii)

Anatomical loss or loss of use below knee 3.350(B) L Codes L-1 a, b,

or c, 38 CFR 3.350 (1)(iii) L 1/2 Code L-2 b,

38 CFR 3.350(f)(1)(i) L 1/2 Code L-2 a,

38 CFR 3.350(f)(1)(iv) M Code M-3 b,

38 CFR 3.350(f) (1)(ii) M Code M-3 a,

38 CFR 3.350(f)

Anatomical loss or loss of use above elbow (preventing use of prosthesis) N Code N-1,

38 CFR 3.350(d)(1) M Code M-2 a,

38 CFR 3.350© (1)(iii) N 1/2 Code N-4

38 CFR 3.350(f) (1)(ix) M 1/2 Code M-4 c,

38 CFR 3.350(f)

(1)(xi)

Anatomical loss or loss of use above knee (preventing use of prosthesis) M Code M-2 a,

38 CFR 3.350© (1)(ii) M 1/2 Code M-4 b,

38 CFR 3.350(f)

(1)(vii) M 1/2 Code M-4 a,

38 CFR 3.350(f)

(1)(v)

Anatomical loss near shoulder (preventing use of prosthesis) O Code O-1,

38 CFR 3.350(e) (1)(i) N Code N-2 b,

38 CFR 3.350(d) (3)

Anatomical loss near hip (preventing use of prosthesis) N Code N-2 a,

38 CFR 3.350(d) (2)

Note: Need for aid attendance or permanently bedridden qualifies for subpar. L. Code L-1 h, i (38 CFR 3.350(B)). Paraplegia with loss of use of both lower extremities and loss of anal and bladder sphincter control qualifies for subpar. O. Code O-2 (38 CFR 3.350(e)(2). Where there are additional disabilities rated 50% or 100%, or anatomical or loss of use of a third extremity see 38 CFR 3.350(f)(3), (4), or (5). (Authority: 38 U.S.C. 1115)

[Guest Berta]

Gene- this is what else I found-

The 2005 edition of the VBM (NVLSP) says this-

SMC R-1=

the vet must be receiving the maximum under 38 USC 1114 (0) and

the vet also meets the requirements of 38 CFR 3.352 (a) Regular A & A under SMC to receive SMC R-1

This is example they give - vet has loss of use of both feet,

vet also has 100% PTSD-is a danger to himself and therefore gets regular A & A too-

So he gets 2 L awards (for the feet) but VA converts 2 Ls to one O award-

So the vet has SMC at O level and the A & A requirements are met at the L award so this vet gets SMC at R-1- they said single vet $5,803 per month but that was publshed before the COLA came out-

Does this make sense?

Are you seeing blindness as 2 SMC Ls (which equal SMC o) plus your A & A L award to equal R-1?

Makes sense to me. Berta

[gene]

bertha, dictators SMC coding i told you about is for this basic 21, hosppital 21, loss of use 71, anat. use oo, other loss 04. have you ever heard of that? i know 21 means eyes, 04 is for aids attendance. but what i can't figure out is how this fits into your rating and what it does. can you help me? thanks, gene.

[Guest Berta]

Gene -they are all somewhere in M21-1 but half way through this- they have some and what they mean:

I cant find these rest you mentioned-

http://66.102.7.104/search?q=cache:kOmeAd_...&hl=en&ie=UTF-8

Does anyone out there have the VA dictator codes?

I dont have a clue what they mean other than maybe identifying the vet's status -???

I think the diagnostic codes are more important for VA claims.

Edited December 16, 2005 by Berta

[Lady]

Mary - anyone can certainly send in more than one claim at a time-

I have done it myself but I referred -in each claim- to the previous or consecutive claim.

Like I started one of my claims-

This is an additional claim on a separate matter from my claim filed on Jan 30,2003.

Then when I sent in evidence, I specified which claim it was for and the date I filed that particular claim. My initial claim in Jan 2003 grew into 6 claims.

Also I dont know if you have a vet rep but I emailed my vet rep-when I knew the DRO review was coming- a brief overview of each claim and the evidence is listed

at the end of each one so when he gets my c file before the review-he can understand what is what.

I also filed 2 lets make a deal claims but then found much more evidence for them-

I mentioned this in my summary to my vet rep- because my main claim will make these 2 moot and if they award on that one first- it will save them time.

I mentioned that I will not make any deal on the SMC retro or the AO claim .My vet rep knows me well and knows I would find an improper award unacceptable.

Also it helps to use those colored yard sale stickers- I use them for the exhibits (evidence) and color coordinate them with a sticker next to each thing I have listed and I use Alphabet letters instead of numbers-

and refer to them as Exhibit A, or Exhibit B, and so forth.

Also I use those address labels that many vet orgs send for donations on each page I send in to the VARO of everything.And it all goes priority- because I think the big priority envelopes are more attention getting and less likely to be lost.

Plus I get tracking slips.

It feels kind of weird here. The only changes I like to make involve changing underwear and lightbulbs. I will get used to it though. Berta

Berta

Thanks for all your help,Mary&Greg

[gene]

bertha, my diagnostic codes are 6080- 100% wa/a, with LPO, 6100-40%, 6260- 10%. but they are not paying me anything for the 10%. 6260 is for tinnitus and it is supposed to be for bilateral tinnitus, which i filed for and it is on one of my rating decisions. the varo here is underhanded and crooks. no one will stand up to them to make them follow their own laws, believe i have tried. i also have called and wrote everybody and anybody about these people, and mr. cooper, mr. nichols, the ocg, the congressman and senators won't help. i have proof of the va changing my files, memos from head people at varo trying to get my bebefits revoked. one representative said the va didnot like me because i knew the 38 usc and the 38cfr's. he said that i knew more about them than the people that worked there. the varo should be prosecuted from the way they treat veterans. i have help 11 veterans get their benefits, and some of them were denied, but i took their evidence along with the lwas and regulations and sent them back in and they won. the only reason i do all this is because the varo screws each and every veteran. and we all can use help. 3 of the claims i filed for veterans were for SMC and they got it. thank-you, gene