Jump to content
  • 0

Introduction, New Award and Questions


BabyDoc

Question

Hello everyone!  First I want to introduce myself.  I am a recent USN retiree, 6 years active duty, 14+ years reserve (with deployment), and a qualified submariner.  I am a long time reader and first time poster.  I want to give my sincere gratitude to everyone who posts here, the information in this forum is priceless!

I will spare you all the medical details, the long and short is:  I have a number of chronic service connected disabilities, chiefly IBS and Fibromyalgia, as well as chronic urticaria (hives), scaring secondary to hives, and chronic fissure due to IBS.  Utilizing the knowledge I learned here and from shipmates, I worked with my private physicians and prepared a series of disability benefits questionnaires (DBQ) which the VFW submitted on my behalf.  My claim process was unbelievably fast- it went from intent to file, to filing, to award in seven months.  I was recently awarded the following:  IBS 100%, Chronic Urticaria 60%, Fibromyalgia 40%, Facial Scars 30%, Anal Fissure 20%.  I was awarded 100% total disability compensation with a Special Monthly Compensation (S-1).  I have not yet received my letter, however I can see the benefits in benefits and my VFW rep called me to inform me of the award.  I am very grateful for the award, and consider myself lucky based on the stories I have read here.

I do have a couple of questions, and in advance, thank you for taking time to read this!

1.  I have never heard of anyone being awarded 100% for IBS.  I have chronic oscillating constipation and diarrhea, and constant abdominal pain, which is noted in the DBQ.  I miss a few weeks of work over a year's time due to inability to eat, compounded with the aforementioned bowel issues.  While I am grateful for the award, I do not understand how the VA awarded me 100%.  I thought 30% was tops unless the veteran requested an extra-schedular award (which I did not).  What do you make of this?  Was I assigned a TDIU or something similar without applying for it?  Will or can the VA provide an extra-schedular award without the veteran asking for it?

2.  My award indicates that I was also awarded SMC S-1.  What does this mean?  I do not require a home health aid at this time, although my wife did leave her job to assist me with activities of daily living such as cleaning and cooking since at times, I am not able to complete those tasks due to either bowel issues or exhaustion from fibromyalgia.  The SMC S-1 code indicates that the award was given due to having a 100% disability (IBS) and a second award of 60% (Urticaria).  Is it just standard process to issue an SMC S-1 for someone suffering from two diseases that are over a certain percentage each?

3. Does any of the above legally impact my ability to seek and maintain employment?  Again, I do not have my formal VA letter yet, however, the above mentioned awards seem to indicate that the VA issued a TDIU or something to that effect.  While I am in constant moderate to severe pain, and the problems are chronic and debilitating, I strongly prefer to try to maintain employment because working and staying active as I can seems to help me, at least mentally.  I am afraid that if I quit working and focus solely on my chronic illnesses, my overall life outlook would suffer.  

4.  Lastly, am I missing anything?  

Thank you so very much for you time.  As I learn more, I will be glad to assist anyone here by sharing what I did (almost of it learned here).

Thanks again everyone!

Link to comment
Share on other sites

  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

1 answer to this question

Recommended Posts

  • 0

Hello, I have a question after a few years of waiting I was finally granted a rating of 90%

70% for ptsd/tbi SC

 Sleep apnea secondary to ptsd/tbi 0% not service connected

50% for migraines SC

30% for total knee replacement SC

20% for neck SC

10% for arthritics SC

Mid line scar patella service connected 0%

I filed a NOD for the knee and the Ptsd/tbi and the sleep apnea

it has been 10 month the V.A. call and set up a C&P exam for the items I list in the NOD  when I filed the NOD I asked for a DRO instead of the traditional route, After the last C&P  will I have a meeting with the DRO or will he/she decide and let me know by letter. I was also thinking about filing for IU but not sure if I should. Right now I get 1888.00 a month if I got IU should I expect I have no kids but I do have a wife.

 

Link to comment
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
Answer this question...

×   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.

  • Ads

  • Ads

  • Similar Content

    • By harry59
      Hello everyone,

      I have a quick question concerning TDIU. My last employer terminated me because of my service-connected disability. If approved for TDIU, will the VA back pay me to the date that I signed the TDIU form and submitted my claim, or will they back pay me to the date that I put on the TDIU form that I last worked?
      My VSO initially told me that I would be paid from the date I last worked. Then on another day he told me that I would be paid from the date I submitted the claim. So I just want to get the correct answer. 

      Thanks for any replies.
       
    • By Smirak
      I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear.  I am ready to file a claim for TDIU.  Currently at 90% combined with 70% of that being PTSD.  So, I meet the 70/60/40 rule since one of my ratings is greater than 60%.  Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such.
      Background out of the way now...
      Is there a "How to file TDIU for Dummies" guide somewhere around here?  Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov?  I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work.  I do not have a vocational letter (is this needed?).  I need to put myself out there and go ahead and call me stupid, but where do I start?  
      Thanks,
      Kevin
    • By Smirak
      I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear.  I am ready to file a claim for TDIU.  Currently at 90% combined with 70% of that being PTSD.  So, I meet the 70/60/40 rule since one of my ratings is greater than 60%.  Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such.
      Background out of the way now...
      Is there a "How to file TDIU for Dummies" guide somewhere around here?  Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov?  I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work.  I do not have a vocational letter (is this needed?).  I need to put myself out there and go ahead and call me stupid, but where do I start?  
      Thanks,
      Kevin
    • By capitan
      I received a VA Rating Decision Letter. I had applied for TDIU. I'm 50% PTSD, 30% cancer residuals, 70% total. I had been sent to several C&P exams. The letter says my PTSD Rating is continued as is, even though I think it should be more. At least they're not reducing it. That won't matter if I get TDIU. The rest of the claims are deferred, including TDIU. It says, "deferred for the following: VA examination." Does that mean their examination of the claims to see if they will grant TDIU? It says, "Entitlement to individual unemployability is deferred." So, I don't have to do anything but more waiting, right? Anybody know how long I'm looking at, and what my chances are? If they deny me, the first thing I'm going to do is call an Attorney.
    • By Georgia12345
      Good afternoon everyone,
      I was hoping that someone more knowledgeable may be able to provide input on my claim.  Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings.
      My attorney filed a supplemental claim and included the letter from the psychologist.  I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence.
      My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account.
      Does anyone have any input, advice, tips? I'm beyond desperate at this point.
      Pysch IMO 
      C&P Exam
      Rating Decision
      Vocational Assessment
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    406%
    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 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
     
  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines