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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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qrdgv2tebc

Smc / A&a

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qrdgv2tebc, on 27 Jun 2013 - 2:42 PM, said:snapback.png



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.

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"PAID AT THE 100% SINCE 1997."

ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM OCT,12,2012

[iS THAT AN SMC AWARD OR NOT)

Yes, it is an SMC award.

"VA RESTORED MY S/C BACK TO ORININAL DATE OF 1997, [iS THERE ANY RETRO PAY INVOLVE IN THIS?"

"DENIED A&A, SOME ONE PLEASE EXPLAIN THIS TO ME"

First conventional A&A is based upon pension rather than compensation. You are receiveing compensation, so the pension side is not appropriate.

Next there is a gross asset less than requirement $80,000?. Finally, if you happened to be a recent veteran, there may be a new program that you might meet the requirements for. Being an old Vietnam vet, I haven't bothered to get into the details, since the idea irritates me. (Home care benefits that are not available to us.)

If the VA has been paying TDIU at the 100% rate since 1997, I doubt that (with the details you mentioned), that any reto is due. But, it might be if the VA forgot to properly add such things as dependents, etc.

It may be that the VA decided that TDIU met the 100% SC creteria, and the 70% in addition entitled you to SMC. There are different levels of SMC, and it's possible that the VA awarded a level that is lower than you might be entitled to, depending on the gory details.

"MONTHLY ENTITLRMENY AMOUNT-3,368.00" This does not match the current SMC L rate, so I don't know how this was figured. ($3,446) seems to be current)

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it appears that you are being paid SMC S at this point and time, I am married and get 3661 and am SMC L when I was getting SMC S it was about 3300 a month, to qualify for aid and attendance you basically are wheel chair bound and bedridden and need someone to do assistance with all aspects of daily life, getting you food, bathing, full time care, pretty much, I filed for A&A in Nov 2011 and it was approved in Nov 2012 after a thorough C&P exam that lasted about 2 hours I am in and out of ICU it seems on average about once a month due to congestive heart failure for the past 3 months I have had a home nurse that comes in weekly and assesses me and sends the VA a report the first 2 months it went to medicare and then it transferred to VA pay in the 3rd month

you do not appear to be rated at SMC L but at the S rate

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You got TDIU in 2002 and then an extra 60% in 2012. According to Bradley vs Peake you are entitled to "S". I got TDIU in 2002 and got an extra 60% in 2008. I got "S" quoting Bradley v Peake. They called a CUE on themselves and I got two years backpay because I did not ask for "S" until 2010 because I did not know I was qualified.

John

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CHECK OUT THE TABLE FOR THE S AWARD,IT STATES THE AMOUNT OF $ 3,368,

IS THAT A SEPERATE AMOUNT NOT TO INCLUDE MY TOTAL DISABILITIES PAYMENT OF $ 3,088?

CHECK MY ACCOUNT AND THERE PAYMENT WAS $ 336.00

MY S AWARD WAS FOR SPOUSE AND ONE CHILD

ARE THEY ADDING MY DISABILITY PAYMENT ($ 3,088) AND MY S AWARD ($ 336.00)?

WHEN I ADD THIS TWO FIGURES IT GIVES ME $ 3,424 .

FOR EXAMPLE, DO I ADD THE S AWARD ($ 3,368) AND MY DISABILITY PAYMENT ($ 3,088) TOGETHER?

IT WILL GIVE ME $ 6,456 . I AM SO CONFUEED, I AM A SIMPLE MAN,

HOPE I GAVE ENOUGH INFORMATION.

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