Jump to content
  • 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
  • 0

I am writing fast excuse me but yes appeal was left open from 1993.

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  

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 17 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 17 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 0 replies
  • 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
     
  • Donation Box

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

×

Important Information

{terms] and Guidelines