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

  • 0
Sign in to follow this  
Mr cue

Well 15 yrs away from the va when i won the cue now i find they play me

Question

Well guy my name was James I believe thn. With the help of had it I won my court case effective 1993. Va left my appeal open back than.

Well little did I no about smc benfits. Well I was granted iu and 60% effective 1993.

Well va put a 20%rating effective 1993 2001 60%. Well I got pay 100% effective 1993.

Now that I look at it they put a 20% rating to stop my smc s pay. 100% plus 60. Its a cue again smh

Court statement my appeal had been open since 1993 when I was granted the 60 and iu it was effective 1993. Were did the 20%1993 2001 come from lol

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
9 hours ago, Mr cue said:

Va left my appeal open back than.

Im not getting this.  Did you get a decision which "deferred" some issues that were never adjuticated?  Normally, an appeal is not just "left open" since 1993. 

Also,  you posted:

9 hours ago, Mr cue said:

Well va put a 20%rating effective 1993 2001 60%. Well I got pay 100% effective 1993.

Now that I look at it they put a 20% rating to stop my smc s pay. 100% plus 60. Its a cue again

The statuatory SMC S regulation, (100 plus 60) requires that they be "seperate and distint", and I dont know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldnt be eligible for Statuatory SMC S, because your PTSD and TDIU are not "seperate and distinct", in fact they would be the same.  

Also, Bradley VS Peake was not here in 1993, so that would not be CUE in 1993.  Prior to Bradley, TDIU did not qualify you for SMC, it had to be a single 100 percent schedular rating.  

It would take some reading to find out "where the 20 percent" came from and I dont have your cfile.  Unless this 20 percent is a reduction from something else, an additional 20 percent rating should not adversely affect your eligibility to SMC S.  

Share this post


Link to post
Share on other sites

Ad

  • 0

I agree with broncovet on this

''The statutory SMC S regulation, (100 plus 60) requires that they be "separate and distinct", and I don't know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldn't be eligible for Statutory SMC S, because your PTSD and TDIU are not "separate and distinct", in fact they would be the same.'' 

Now with a 100% rating and other ratings that are combined up to 60% they will use the combined ratings for the SMC if you meet the SMC Criteria.

My Example

I was 90% combined rating an was granted TDIU /P&T for my original S.C. Disability.

 at 90% TDIU P&T Being paid at the 100% rate.

ok later through the years I filled for PTSD & Was rated 70% for chronic combat PTSD

This change in my rating to a 100% final degree, & they granted me the SMC S H.B. 

because of the separate and distinct PTSD Rating.

As broncovet pointed out , its a Statutory rating and the rater is obligated to grant the SMC According to the SMC Special Rating Table.

I never filed for the SMC-SH.B.

The only SMC Grant that is not given a %rating for a s,c, disability ( that I know of anyway) but is granted Service Connection is for a E.D. Claims for est of $105 16 per month  when you get that its an SMC K Award to be paid in addition to any other S.C. Disabilities that the veteran may have.

Although a veteran can have loss of use of body organs  its rated different that the E.D. which would probably fall under the total combined ratings category. 

Share this post


Link to post
Share on other sites
  • 0
7 hours ago, broncovet said:

Im not getting this.  Did you get a decision which "deferred" some issues that were never adjuticated?  Normally, an appeal is not just "left open" since 1993. 

Also,  you posted:

The statuatory SMC S regulation, (100 plus 60) requires that they be "seperate and distint", and I dont know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldnt be eligible for Statuatory SMC S, because your PTSD and TDIU are not "seperate and distinct", in fact they would be the same.  

Also, Bradley VS Peake was not here in 1993, so that would not be CUE in 1993.  Prior to Bradley, TDIU did not qualify you for SMC, it had to be a single 100 percent schedular rating.  

It would take some reading to find out "where the 20 percent" came from and I dont have your cfile.  Unless this 20 percent is a reduction from something else, an additional 20 percent rating should not adversely affect your eligibility to SMC S.  

 

Share this post


Link to post
Share on other sites
  • 0

Yea I did I is under hester vs shiski an yes thy left my appeal open would have never no if no for me filing a cue.

But if I look thy stage rates me. So that I couldn't get smc s but I was never look at when I be came 100% 60 2001.

Seem like a cue claim to me

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
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • 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
×

Important Information

{terms] and Guidelines