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Fully Developed Claim Question

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derenick52

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Hey All,Am currently rated at 90% COMBINED With 100% UNEMPLOYABILITY Since 2001,my right hip is 20%-Had my hip replaced in June,called the Disabled American Veterans Service officer in May-to file for Surgery convalescence rating for 13 months-which will take the 20% TO 100% and then to a minimum of 30% After 13 months-she said she is sending me the FULLY DEVELOPED CLAIM form and it should take a couple of months to process,and to submit my Surgery report,Did this about a week after surgery,obtained a E Benefit password in August and was listed as a Traditional claim,the DAV told me there was a error in processing,contacted my Senators office to check into the situation-SEE FIRST Attachment from Va and Second attachment from Senators office,this Claim would take me to AID AND ATTENDANCE-100% plus a additional 60%,For which I Qualify,then last week received a letter from Regional office- claim is delayed again,contacted the DAV as to what is happening-their response-SEE 3RD Attachment,The Va is now saying I am NOT eligible for FDC Claim Process since I am already receiving 100% Rate-?? I read the FDC Rules-says it can be used for surgery convalescence and Aid and attendance claims-?? Anybody had any experience with a claim like this-? THANKS For any advice,Happy New year

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Edited by derenick52
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Hey bud, personal info is showing on scan 2 and 3. Try to delete that ASAP.

Thanks for sharing the details of your claim process. I think this will help a lot of people who didn't even know it was possible to get SMC -S Temporarily as part of a 100% convalescence rating.

Am i reading it right where it says once your convalescence period ends in August 2014, then your TDIU will kick back in and you will continue getting the SMC-S based on your 100% at TDIU?

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Gotcha.

I guess you probably know the SMC S can kick in if a vet is getting IU based on only one condition, plus they have additional issues totaling 60% for a separate bodily system.

Are you getting IU for more than one issue? What's your IU award letter say?

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Hey,My Unemployability was granted for 70/40/10-Ptsd/back/scarring-my hip was awarded afterwards,which will now be 30% In August,are you referring to Bradley/Peake case-?? Just became aware of that in January,been researching,Not sure if I qualify,my Unemployability was granted in 2001,Do I QUALIFY-? thanks J

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My understanding is that if your TDIU is granted based on a SINGLE condition, Plus you have other unrelated issues totaling 60% or more then the SMC-S would kick in.

If your TDIU was based on three issues then my understanding is you would not qualify for the SMC-S.

But I have heard some rumblings about people trying to fight for it anyway. So if I were you I would continue to research it and keep up on the latest developments. Do you have a copy of your TDIU award letter? If so does it specifically say what the award was based on?

It couldn't hurt to ask for it anyway, & let VA figure it out.

Edited by NavyWife
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Hey,My Unemployability was granted for Ptsd/Back Issues in 2001,might have a evaluation by someone,imagine it would be a struggle to confirm it was for single issue,my employer in 1994 attempted to medically retire me on Ptsd before I Was granted service connection in 1995,the back disability was granted in 1998,will research more,Thanks

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