FTCA SF 95 Pro Se...

[maine1963]

I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! 

Treated at Togus VAMC. Live in Maine...

 

Thanks, 

G

[Berta]

 

I dont get this- others will have to chime in-

if the 100% is based solely on one disability-why didn't VA give this vet SMC S as well as SMC K?

any takers??????

Maybe the 100% is a combo- and that would make sense for the K award........

 

https://www.law.cornell.edu/uscode/text/38/1114#l

[vetquest]

I will take a shot at this.  If you are awarded TDIU for one disability and have another separate and distinct disability that rates 60% you can get SMC S.  Even though I have gone to 100% I do not have an individual disability at 100% and an additional 60% so my TDIU still counts as a separate and distinct disability.  Even though I am 100% I still need my TDIU to get SMC S.

[Buck52]

I Agree with ya vetquest  but it don't necessary need to be 100%  it can be a combined rating under the 100% if the Veteran is awarded the IU

For all intent and purposes  when I veteran is awarded IU   he is actually 100% but they will say although you are rated IU  your combined rating is 70& or 80% or even 90%   what ever the veterans combine rating is Being paid at the 100%rate.

So a 70&  80%  or 90% veteran awarded IU    will and should meet the SMC Criteria if he has another separate and distinct s.c. rating 60% or higher.

Being IU is the kicker here....>   then another separate S.C. Disability 60% or higher should render this Veteran the SMC S

[Buck52]

Veterans need to send all claim inquires to the Janesville Wi location 

Address is

 Dept of Veterans Affairs

Veterans Claims Evidence Intake Center

P.O. Box 4444

Janesville WI, 53547

 

[maine1963]

Going to try and clear up the confusion...

PRIOR to filing and being granted an 1151: I was 90% combined SC paid at the 100% du to TDIU. I was also PREVIOUSLY awarded SMC K (Loss of use of foot)

THEN, in April was awarded 1551 30% for Painful Scars, 1151 30% for Tinea Cruris and 0% for scars of the bilateral lower extremities (* 0% due to the scars were not of the head, face or neck and basically not 6"sq **And I was bumped up to 100% combined disability and removed my tdiu status due to my now being at 100% (I presume that is why they removed it)

Sorry that I confused everyone. The recent 1151 did NOT include any one particular disability at 60%, but rather two seperate at 30%.

My scarring is due to Topical Steroid cream use over a long period of time. But the VA used the "closest" 1151 DC.  

to quote the CFR for skin disabilities (Tinea Cruris):  "Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802, 7803, 7804, or 7805), or dermatitis (DC 7806), depending upon the predominant disability."

I need to review all of the ratings for DC 7800 to 7806 in order to figure out if the scheduler should have used a different DC and possibly one of them have a 60% rating that applies to my case. If there is a possibility of a SMC S rating - that would perhaps be far above and beyond any award that may come about from a Tort Claim. 

 

Edited February 4, 2019 by maine1963

[Berta]

"VA updates the disability rating schedule related to skin conditions

WASHINGTON — Effective Aug. 13, the U.S. Department of Veterans Affairs (VA) updated portions of the VA Schedule for Rating Disabilities (VASRD, or Rating Schedule) that evaluate conditions related to the skin.

The VASRD is the collection of federal regulations used by Veterans Benefits Administration claims processors to evaluate the severity of disabilities and assign disability ratings.

VA is in the process of updating all 15 body systems of the VASRD to reflect modern medicine more accurately and provide clearer rating decisions.

“VA remains committed to providing Veterans the benefits they have earned at the highest quality,” said VA Secretary Robert Wilkie. “With modern medicine advancing at a rapid rate, it’s important to ensure VA’s disability rating schedule and rating decisions reflect these advancements.”

No conditions were removed from the new skin rating schedule. However, several diagnostic codes were restructured or revised. The complete list of updates to the rating schedule for skin conditions is now available online. Claims pending prior to August 13 will be considered under both the old and new rating criteria, and whichever criteria are more favorable to the Veteran will be applied. Claims filed on or after August 13 will be rated under the new rating schedule.

By updating the rating schedule for skin conditions, VA claims processors can make more consistent decisions with greater ease and ensure Veterans understand these decisions."

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5093

These ratings changed and the link ( click on "online") will give you more info.