Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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
     
  • Ads

  • 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

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 1
USMC EOD

Do I have a chance at R1 or R2?

Question

I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available.

My question is this, Do I qualify for the SMC R?

At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialist through Tri-Care. Does this show cause to file for SMC R1?

After reading these posts I am also sick over my having followed the advice of my VSO on not filing a NOD for conditions I was treated for while on AD.

Please advise, your assistance is greatly appreciated.

Semper Fi!

70%=

PTSD

50%=

Sleep Apnea

40%=

Lumbar Spine

20%=

Hematochezia

20%=

Right ankle arthritis

20%=

Cervical spondylosis

20%=

Radiculopathy, right upper extremity

10%=

Tinnitus

10%=

Radiculopathy

10%=

Left wrist tenosynovitis

10%=

Left ankle arthritis, status post fracture

10%=

Right elbow olecranon bursitis

10%=

Deviated septum, traumatic

10%=

Painful scar of right axilla

0%=

Right hand DeQuervain's tenosynovitis

0%=

Erectile Dysfunction

 

Not Service Connected=

Renal cyst

Not Service Connected=

Right knee patellofemoral syndrome

Not Service Connected=

Hypermetropia

Not Service Connected=

Migraine headaches

Not Service Connected=

Left shoulder acromioclavicular

Not Service Connected=

Left knee condition

Not Service Connected=

Right wrist condition

Not Service Connected=

Epididymal cyst/spermatocele

Not Service Connected=

Right shoulder rotator cuff impingement

Not Service Connected=

Bilateral hearing loss

Not Service Connected=

Bilateral cubital tunnel syndrome

Not Service Connected=

Traumatic brain injury

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

The very first prerequisite for R-1 is to obtain a "O" rating. Read CFR 3.350 - 3.352 for eligibility rules.

You don't mention anything about SMC "S" that you should qualify for, and you might qualify for regular A&A, depending upon your individual circumstances.

Share this post


Link to post
Share on other sites

Ad

  • 0

I think you might qualify for "L", (might) only because of this BVA decision that makes it clear that "L" can be awarded even if the 100% disability is not for one specific disability:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files3/1624771.txt

But it pays to read the SMC info carefully here and even in BVA decisions because it can be confusing.

 

Share this post


Link to post
Share on other sites
  • 0
10 hours ago, USMC EOD said:

I definitely do not qualify for "S", but after further review, I think I qualify for "L".

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

Share this post


Link to post
Share on other sites
  • 0
32 minutes ago, THOMAS89031 said:

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

 Hold on here Hoss

How long ago was this? I mean if they are suppose to give the SMC -When I veteran gets P&T  And usually the only way to get P&T IS TO BE RATED 100% or TDIU.

I have been rated TDIU P&T the last 13 1/2 Years concurrently and never was awarded the SMC-S???during this time

I get it now only b/cLast year I filed a PTSD Claim and got 70% on top of my TDIU P&T And that's a mandatory rating  b/c the criteria was met for the SMC-S

When or where do the CRF'S Mention a veteran gets P&T  Then he should also qualify for SMC?

I need to know this  hell I might ask them hey where is my SMC BACK PAY THE LAST 13/1/2 YEARS.

  • Like 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
×

Important Information

{terms] and Guidelines