hypertension Does This Sound Right? Had Meeting With So

[SprayedandBetrayed]

I was wondering if this sounded right. We had a meeting with my fathers SO. They told my dad he basically is getting compensated well. That filing the new claims for the IHD the Parkinsons and the worsening of the Neuropathy. Would not benefit him at all. Only in the event of his death my mother would get compensated if he passed from sac disabilities. Dad also

Inquired about the Aid and attendance he filed over a year ago. It's not in the system they said. So my dad asked how to get it. The person at the SO told him that he should wait and see how this goes. It don't feel 100%. For some reason with the crap the SO told us. And reluctance to file. I told him that my dad has the neuropathy in his arms from the elbows down on top of all the other stuff my dads compensation is

Disability Rating Decision Related To Effective Date diabetes mellitus, type II with diabetic nephropathy and tinea pedis 20% Service Connected

Agent Orange

02/2004

early peripheral neuropathy, left lower extremity

10% Service Connected 02/2005

early peripheral neuropathy, right lower extremity

10% Service Connected 02/2005

hypertension

0% Service Connected 02/2004

peripheral vascular disease left lower extremity

20% Service Connected 12/2008

peripheral vascular disease right lower extremity

20% Service Connected 12/2008 posttraumatic stress disorder (PTSD)/major depressive disorder 70% Service Connected 10/2008

Plus SMC L I don't know why I am not sitting easy with what the SO said. My dad also had the DBQ's filled out by the dr's and submitted them.

[Andyman73]

S&B,

You're not sitting well with this because it sounds like a brush off. And it is. As you are learning, and most if not all of us here, have learned, that as a system, the VA does not care for Veterans. Some of the VA's employees do, but this branch of Gov't does not. Otherwise we wouldn't be here, and all these scandals wouldn't have happened, and new ones coming out every day.

Perhaps you may need to consult with a lawyer, such as Chris Attig(a member on here) to see what can be done to help your father.

Semper Fi.

Andy

[broncovet]

Its right you dont trust the VSO. However, in this instance, based on your post, I agree with your VSO UNLESS your dad has "loss of use".

You indicated your dad is getting 100 percent plus SMC L.

SMC L IS Aid and Attendance, so it wont do any good to apply for a benefit you already get.

To get above 100% plus SMC L, you are going to need to get "loss of USE" SMC.

In other words you can not get any "higher" rating above 100% + SMC L, unless you have the "loss of use" of one or more of those listed in the SMC regualtions:

http://www.vetsfirst.org/special-monthly-compensation-ratings-are-you-eligible/

If your father has "loss of use" of his hand, foot, vision, etc, then he can/should apply for higher levels of compensation.

[Gastone]

What, your dad is 80%-90% SC, right? I don't see any mention of an IU claim or appeal, why not?

A 70%SC 12/2008 Mental Condition (PTSD & Major Depressive Disorder??) rating usually encompasses severe employment issues. You indicated (2) separate ratings for PTSD & Depression, right?

What is his current employment situation? Does he or has he had individual earned income in excess of $12,400 ($11,400 over 65 yrs old) in the last 12 months?

Positioning himself for future SMC's is great but a claim for Individual Unemployability, if he qualifies, needs to be filed YESTERDAY.

As to your Dad using and relying on a VSO, he does so at his own peril. VSOs can be a useful tool but like all tools, some are good and some are bad. A "Well Seasoned," knowledgeable SO that still has the "Fire IN His Belly" attitude can be a great source of knowledge and assistance. Sorry to say, very few SO's meet that requirement.

Semper Fi

Gastone

[Berta]

You have an A hole for an SO.

Under Nehmer 2010 those SC ratings ( which are probably wrong too) have nothing to do with any retro due to you for SC AO IHD or Parkinson's.

"Would not benefit him at all. Only in the event of his death my mother would get compensated if he passed from sac disabilities."

How long has the 100% been in affect?

If less then ten years continuously, and he dies from IHD or Parkinsons contributing, and no Nehmer IHD, or Parkinsons claim was ever filed ,or pending at his death, and if his potential 'widow' finds out he does not fall under Footnote One of the Nehmer Stipulation,

the VA will deny her DIC.

Of couse she could prove with a costly IMO that the DMII caused him to have IHD, and that caused his death...if the IHD is on the death certificate.

But if he is an incountry Vietnam veteran, I think you should read over ALL of the Nehmer info here under the Agent Orange forum and file those claims.

Read over the Footnote One info I posted there that came directly from NVLSP's head Nehmer Attorney and also ,if you feel his IHD was never coded in any past decision but should have been, you will need contact NVLSP (their contact number is there somewhere) after the claims are filed.

My dead husband;s AO DMII as well as his AO IHD were never diagnosed or coded in any VA decision.

I won both of those claims under Nehmer.

You need to familiarize yourself with Nehmer retro and awards under the 2010 Nehmer Court Stipulation.

All of that info is within our Agent Orange forum here.

.



"Plus SMC L I don't know why I am not sitting easy with what the SO said. My dad also had the DBQ's filled out by the dr's and submitted them."

I dont understand this...does he now receive SMC L? , what were the DBQs for.?

Edited August 1, 2015 by Berta

[Gastone]

What exactly is your Dad's current SC Rating? He gets a VA letter each year regarding his SC Comp Rating.

I see a PTSD 70, 3 SCs @20% each and 2 Bilateral 10's that equal 21%. Using the rating calculator, I'm getting 87.86 rounded to 90%.

Is there a chance he's already rated as IU and being paid at the 100% SC rate? I've heard of some SO's advising Vets not to waist there time filing additional claims, once rated as IU.

How long has he been receiving SMC L? What & who, got him the rating?

Semper Fi

Gastone