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This was a big week at asknod. I just wish my neighbor John had gotten R2 out of the gate. It ain't over until Secretary Bob weighs in when he reads my email Monday morning. One of the Vets, Andrew, is a member here- or should I say- his wife is. She found me here and I'm honored to have helped her.
When I came home from Vietnam, I never ever thought there would be a day when I'd say I was proud to have served my country. It was ugly in 1972. Now, I'm overjoyed at the ability to pay it forward. Thank you Lord for the Internet. It's a Godsend to so many who are clueless. Leave no one behind. I still wish I could have named my site What would a Veteran Do? (WWVD). That's what wives are for.
I have been rated 100% for severe and chronic ptsd since 2007 along with 8 other ratings ranging from 10% to 60% and recently was diagnosed and service connected for Parkinson's disease from my TBI sustained in combat in 2005. The VA sent me paperwork and ratings for my Parkinson"s diagnosis and awarded me an additional 100% disability rating on top of my multiple other ratings as well as my 100% ptsd rating. I have been drawing additional SMC pay on top of my normal disability VA pay at the S or what is referred to the home bound rate ( around $300.00 ) extra a month. I was at a veterans session this past week and a former VA service officer was there explaining our pay and medical benefits and one of the questions asked by another vet was if anyone like himself had two separate 100% VA rated disabilities. I raised my hand and he asked the former VA rep why he wasn't getting paid smc on top of his 100% rating and that's when it got confusing for me with my TBI. Apparently to my understanding if a veteran had two separate 100% service connected VA disability ratings, their SMC pay should be much higher than the household amount in the $300.00 range. Can anyone verify or confirm this. The former VA rep stated that the two combined 100% ratings should place additional SMC pay to around an additional 12 to 13 hundred extra dollars a month. Is this in any way accurate or Am I misunderstanding all this because of my TBI? Thank you in advance and thank you God for Spell correct.
This is an amazing story. I got a Vietnam Swift Boater (Dan) R1 last year. Sadly, he passed in early January. They got almost a year of R1- $93,600 -before he passed.. This Vet's wife (Dan's daughter) came to me in early December and asked me to help her. Seems the VFW in Arkansas doesn't understand SMC very well. They said her husband was maxed out at SMC M. But of course, they said that before he finally got SMC L. I was honored to represent this 11 Bravo 20 w/ CIB. Two R1s and two Vietnam Vets in the same family. That will probably stand as my personal best. Hoooooo, doggies I do love to litigate. Leave no one behind fellow members. Never.
This is precisely why I chose to become a VA agent. I wanted to make a difference in a few Vet's lives before I punch out.
Some of you will ask how much money I made. $36.75 for USPS Priority mail postage. The Arkansas Puzzle Palace didn't fight my Vet on it nor did I expect them to. Cool beans, huh?
redact R 1.pdf
I was just wondering if my conditions qualified me for smc. I believe i could end up getting am extra 100% rating.
100% Total Combined Disability
You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.
How is this calculated
Disability Rating Decision Related To Effective Date left (non-dominant) shoulder condition (claimed as left shoulder) Not Service Connected trunk injury Not Service Connected abdominal muscle Not Service Connected degenerative disc disease/arthritis of the thoracolumbar spine with intervertebral disc syndrome and history of lumbar strain (previously rated as lumbar strain, claimed as lumbago, upper and lower back, spasming muscles and bulging disc) 20% Service Connected 06/05/2017 radiculopathy, left lower extremity, sciatic nerve
40% Service Connected 06/05/2017 radiculopathy, right lower extremity, sciatic nerve
40% Service Connected 06/05/2017 radiculopathy, right lower extremity, femoral nerve
10% Service Connected 06/05/2017 left knee chondromalacia (claimed as severe bilateral knee chondromalacia) 0% Service Connected 04/15/2014 limitation of flexion, chondromalacia and osteoarthritis, right knee 0% Service Connected 06/05/2017 migraines Not Service Connected carpal tunnel syndrome, left hand Not Service Connected carpal tunnel syndrome, right hand Not Service Connected pseudofolliculitis barbae (also claimed as skin condition) 0% Service Connected 04/15/2014 limitation of extension, chondromalacia and osteoarthritis, right knee (previously rated under DC 5003-5260) 40% Service Connected 06/05/2017 major depressive disorder (also claimed as adjustment disorder with depressed mood; nightmare disorder; depression; and trouble sleeping) 50% Service Connected 04/15/2014 right (dominant) shoulder labral tear, including superior labral anterior-posterior lesion 20% Service Connected 05/02/2015 degenerative disc disease/arthritis of the cervical spine with intervertebral disc syndrome and history of cervical strain (previously rated as cervical strain, claimed as neck) 20% Service Connected 06/05/2017 radiculopathy, right upper extremity, middle and lower radicular group
40% Service Connected 06/05/2017 radiculopathy, left upper extremity, middle and lower radicular group
30% Service Connected 06/05/2017 right knee scars 0% Service Connected 04/15/2014 Pending Disabilities
Disability Submitted Type Actions Lumbar Spine 05/08/2018 INC View Pending Claim Right Knee 05/08/2018 INC View Pending Claim Cervical Spine 05/08/2018 INC View Pending Claim Right Upper Nerves 05/08/2018 NEW View Pending Claim Left Upper Nerves 05/08/2018 NEW View Pending Claim Left Lower Nerve 05/08/2018 NEW View Pending Claim Right Lower Nerve 05/08/2018 NEW View Pending Claim Skin Condition 05/08/2018 INC View Pending Claim
- 100% P&T ( to include 100% PTSD, 70% TBI ) since 2011
- SMC-S with two children.
- two documented neuropsych & forensic workups: TBI residuals well documented, aquired ADHD due to mTBI x3; cognative and social imparements compounded by PTSD.
- purple heart
I need guidence.
I am having a harder time maintining basic tasks. I am relying more on my relatives and children to help me with items such as laundry, house cleaning and such. The wife split and and left me and the children.
I have contacted my MOPH service officer and am waiting to hear back from him. I am trying to figuire out if I should file for A&A or other SMC. I feel like I am barely treading water.
I have read but tired to figuire out SMC -R1 or SMC-T applies...
Fury 1-9 out
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Vync posted an answer to a question,I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
Buck52 posted an answer to a question,Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
Picked By66 bricks,