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By Retired MP
I was at 100% for, 60% back, 20% left and right sciatic and femoral nerve impairment, 60% neck with left ulnar nerve impairment, 10% left knee strain, 10% Tinitis, 40% bilateral hearing and 30% PTSD. Also loss use for left foot that was part of back claim.
I asked for review for all disabilities. They came back with 100% PTSD. They took away separate nerve rating of lower legs and added it to back claim. They then moved me to SMC-S. In appeal in DC is right foot drop which I was first diagnosed in 2006 by private doctor. Also loss of use for left snd right hand snd left and right shoulder and bilateral buttocks all on appeal at regional level. We are waiting for decision on bilateral foot drop which should have been automatic since I have left.
Then how I understand the ankles and the AandA would be two SMC L’s which would move to SMC-O then with AandA would move to R1. Is this correct ?
I’m using a private VA certified attorney because my county rep would not assist anymore.
i was told to look into something called smc l. i dont know if i qualify or not.
i was given a 100% permanent and total rating in 2015. here are my ailments.
biploar disorder 70%
Asthma due to jet fuel exposure 60%
cystic acne due to jet fuel exposure 30%
carpal, allergies, tinnitus each at 10%
i also get ssdi 100% and they require me to use my sister to manage my finances.
my sister also basically serves as my caregiver. without her i dont believe i can function. she does everything for me from finances, to taking me to appts, to reminding me and sometimes helping me clean. and more.
would i be able to apply for smc-l and if so how would i go about doing it. i overheard a family member discussing it with my sister and mom the other day. and it sounds very helpful.
Can anyone lead me to the SMC S HOUSEBOUND Criteria? NOT JUST THE SMC CRITERIA BUT THE HOUEBOUND CRITERIA.
I understand this SMC S H.B. NEEDS TO BE UNIFORMALLY SUITED TO THE DISABILITY UNDER CFR 3.350 (i)
What I mean about uniformly suited to the disability is like for PARALYZED VETERANS THEY ARE SUITED FOR HOUSEBOUND ITS OBVIOUSLY HE CAN'T LEAVE HIS HOUSE ANY TIME HE FEELS LIKE ON HIS OWN MAKING HIM HOUSBOUND.
Does a Veteran need to have his disability uniformly mention as a criteria? TO MEET THE HOUSEBOUND CRITERIA?
Meaning the Veterans disability needs to be as he can't leave his house because of his S.C. Disabilities the disability needs to be chronic static and of nature
example veteran with severe hearing loss and is S.C. For it at 80% they award him TDIU BECAUSE HE CAN'T DO ANY TYPE WORK DUE TO THIS DISABILITY,
OK UNIFORMLLY HE CAN WORK AND DO SOMETHING HE ALSO CAN LEAVE HIS HOUSE IF HE DECIDES TO SMC s house bound is define as a veteran with one rated disability 100% and another sc disability at 60% this meets the SMC S CRITERIA ....>BUT EXACTELY IS IT HOUSEBOUND?
Can anyone tell me the criteria for housebound? AND NOT JUST THE CFR 38. 3.350. - (a) -(z)
My current VA rating for veteran w/spouse is being paid SMC L1 since 2018.
Last month I won my BVA appeal for CRPS both upper extremities but my rating did not change.
The board granted the appeal but sent it back to the Houston RO to rate.
Should I be rated "R" for having two separate L1 ratings or do you think I should be rated higher (at least O)?
Can you become an HadIt patron with a 1 time donation? Be happy too.
Current rated disabilities:
L1 - Loss of use both feet rated on 8/24/2020 effective date 1/26/2018 (7-foot surgeries resulting in permanent use of mobility devices)
L1 - (A&A) permanent need for Aid and Attendance rated on 8/24/2020 effective date 8/21/2019 (on account of being so helpless due to complex regional pain syndrome & lumbar degenerative arthritis with intervertebral disc syndrome) 100% - 8/24/2020 effective date 1/26/2018 loss of use of both feet
30% - 4/10/2014 lumbar degenerative arthritis with intervertebral disc syndrome
(CRPS in all four extremities)
20% - 06/05/2015 complex regional pain syndrome left upper extremity
30% - 02/05/2020 complex regional pain syndrome right upper extremity
20% - 04/10/2014 left lower extremity complex regional pain syndrome with tibial nerve impairment
20% - 04/10/2014 right lower extremity posterior complex regional pain syndrome with tibial nerve impairment
10% - 10/09/2014 tinnitus
00% - 10/09/2014 bilateral hearing loss
20% - 05/25/2016 left ankle tendonitis and chronic regional pain syndrome
20% - 05/25/2016 right ankle tendonitis
10% - 04/12/2012 scar, s/p right plantar fasciectomy, thigh graph, fibromatosis
20% - 04/12/2012 scars, s/p left plantar fasciectomy, thigh graph, fibromatosis
10% - 04/12/2012 s/p left plantar fasciectomy, thigh graph, fibromatosis (now rated as bilateral)
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,