iraqx2 Posted August 9, 2018 Share Posted August 9, 2018 Hello Folks! Hope everyone on board is doing well. I have been at 100% for TBI since 2009 plus other ratings. At the 2014 reevaluation, the decision was to keep it static at 100% for TBI. I felt that was not right because I was getting worse, so I filed an NOD for a P&T status and also on the same NOD, appealed for a higher SMC based on A&A. IT WAS SUCH A LONG WAIT!!! THIS IS 2018!!! I suspected progress when they finally sent me to be reexamined again this past spring. I finally got the letter last week, P&T awarded, effective date 2014. I needed that so bad. My son already started college two years ago and my daughter is starting this year, they officially had no educational benefits. Chapter 35 will help big time! Its a great win after a hard fought battle. However, no decision was made on a higher SMC. The appeal is still showing " open ". I just hope that by them deciding on one issue of a NOD, they forgot about the other. Awarding P&T is on the same line as the other issue. I feel so relieved. Thank you all. Link to comment Share on other sites More sharing options...
Berta Posted August 9, 2018 Share Posted August 9, 2018 This is Wondeful news! If the EED for P & T covers some or all of the time in college, regarding your son , it is possible he could apply for a retroactive amount pf DEA(Chap 35) . I sure did but for a different reason and they paid the retro. If your daughter ( they both have to be in a VA approved college-most colleges are VA approved) your daughter should tie in with the college VA counselor as well as their Financial Aid department. My school (a military school) never had a Chapter 35er before and I was the only civilian in a degree program there- But in any event it still went OK- After my DEA entitlement date ran out I paid for the rest of my degree out of pocket- and then I was awarded a DIC for SC death that trumped my 1151 DIC and this gave me a new DEA entitlement date as well as the retroactive payment, when I asked for it ,with a claim that VA Edu handled. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted August 9, 2018 Content Curator/HadIt.com Elder Share Posted August 9, 2018 Congratulations! "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
mcsanty Posted August 9, 2018 Share Posted August 9, 2018 Congratulation Link to comment Share on other sites More sharing options...
Moderator broncovet Posted August 9, 2018 Moderator Share Posted August 9, 2018 Congratulations. Did the VA defer the issue of SMC? Or did they address it? You need to look into that, and appeal if it was overlooked or denied. Link to comment Share on other sites More sharing options...
jefmil50 Posted August 12, 2018 Share Posted August 12, 2018 Congratulations! USMC 79-85 100% P&T SMC R1 70% loss of use of right arm due to multiple sclerosis 100% suprapubic cystostomy due to multiple sclerosis 100% loss of use of both lower extremities due to multiple sclerosis 30% left upper extremity weakness 30% insomnia with hypersomnolence 10% neurogenic bowel Link to comment Share on other sites More sharing options...
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