Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sign in to follow this  
aggie54

Retro Payment

Recommended Posts

I HAD A MINUTE TO GO OVER A POST i MADE HERE RE: BRADLEY IN 2011.

I WAS CONCERNED ABOUT THE RETRO DATES OF BRADLEY>

HOWEVER, MY HUSBAND DIED 19 YEARS AGO WITH 30% SC< then 100% SC P & T POSTHUMOUSLY.

HE ALSO HAD A SECTION 1151 100% STROKE . IN A 1997 DECISION VA FAILED TO CONSIDER HIM FOR SMC.

VA GRANTED THE CUE.

I GUESS BRADLEY DID NOT AFFECT MY CUE RETRO SMC CLAIM AT ALL BUT ANXIOUS TO SEE WHAT OTHERS SAY ON YOUR SITUATION.

"if a veteran (whose clinical record or other evidence VA had) was not considered for SMC, then it is possible that decision contains a CUE.


I thought at first Bradley would help my CUE claim.But I never used it.

The VA is mandated to infer SMC in every claim that the evidence would warrant SMC consideration.

The VA could then consider and deny SMC- but if they do not infer it and consider it in the first place-when the medical evidence in their possession indicates they should-than this is a CUE.

Any award of 100% SC or TDIU should warrant consideration of SMC if the clinical record supports it.

This applies to all Section 1151 disabilities as well as SC disabilities.

For any potential better EED due to SMC retro-the clinical record at time of decision that did not consider SMC or if it did, denied SMC, has to have contained clear and convincing evidence that would have warranted SMC consideration."

Share this post


Link to post
Share on other sites

I HAVE NOT BEEN IN HADIT FOR A LONG TIME, DUE TO MEDICAL PROBLEMS.

I PUT IN FOR A&A BACK IN OCTORBER 2012, RECEIVED A LETTER TODAY,DATYE JUNE 20/2013. BBUT I AM CONFUSED BY THE RATING, I ALSO PUT IN FOR AN INCREASE OF MY RIGHT SHOULDER[WENT FROM 30% TO 50%] EFFECTIVE DATE OCT/12/2012.

IT STATES YOUR AWARD AMOUNT AND PAYMENT START DATE

YOUR MONTHLY ENTITLEMENT AMOUNT IS SHOWN BELOW

MONTHLY ENTITLRMENY AMOUNT-3,368.00

PAYMENT DATE-NOV 1,2012

REASON FORCHANGE-SPECIAL MONTHLY COMPENENSATION ADJUSTMENT, IT ALSO SHOWS COST OF LIVING ADJUSTMENT AND MINOR CHILD ADJUSTMENT THIS IS WERE THE CONFUSION FOR ME COMES IN, IT ALSO STATES

WHAT WE DECIDED

ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM OCT,12,2012[iS THAT AN SMC AWARD OR NOT]

MORE CONFUSION THEY DENIED ME A&A BECAUSE I AM NOT BEDRIDDENS OR CONFINED TO MY HOME,ECT,ECT

1. THEY GRANTED S.M.C BASED ON HOUSEBOUND CRITERIA BEING MET

2. DENIED A&A, SOME ONE PLEASE EXPLAIN THIS TO ME.

IN 2012 THE COURT RESTORED MY PTSD 70% TO ME, IT WAS TAKEN AWAY FROM ME IN 2005, HAD A LAWER TAKE CAREOF THIS FOR ME, VA RESTORED MY S/C BACK TO ORININAL DATE OF 1997, [iS THERE ANY RETRO PAY INVOLVE IN THIS } LET ME KNOW, VA DID NOT ADDRESS THIS IIN MY CLAIM 2012, ALL THEY ADDRESS WAS MY SHOULDER AND A&A.

I HAVE BEEN TDIU SINCE 2002

IN 2012-RESTORED MY PTSD-70%

IN 2012- S/C FOR HEART-60%

IN 2012-INCREASE IN RIGHT SHOULDER-50%

PAID AT THE 100% SINCE 1997.

I WOULD APPREICIATE ANY HELP WITH THIS, ALSO PLEASE EXCUSE ANY MISTAKES I MADE, AS I AM LEAGALLY BLIND BY THE VA STARDARDS BUT MY BLINDNESS DID NOT HAPPEN IN SERVICE, SO NOT S/C.

IF ANYONE WOULD LIKE TO TALK TO ME IN PERSON[i WILL CALL YOU} PLEASE GIVE ME YOU NUMBER, SEND IT TO barbell102@yahoo.com, THANK YOU.

Please start a new topic, instead of jumping in on someone post with

a different issue than yours.

Thanks

Share this post


Link to post
Share on other sites

I AM REPOSTING MY ORINAL MESSAGE UNDER SMC FORUM AS SUGGESTED BY CARLIE THE MODERATOR BEC I STILL HAVE QUESTIONS NOT YET ANSWERED.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Like
      • 5 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines