vetquest Posted July 5, 2019 Share Posted July 5, 2019 Richard1954 I agree with you 100% about pursing SMC if it is supposed to be paid to you. They are supposed to consider it automatically if you are eligible but we know the VA sometimes will not tell vets of benefits they are entitled to. ShrekTheTank 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted July 5, 2019 HadIt.com Elder Share Posted July 5, 2019 Ya think??? How about a veteran getting health care for a presumptive disease and yet the medical people don't tell the veteran he or she should file. I believe that is criminal. Happens ALL the time. ShrekTheTank 1 Link to comment Share on other sites More sharing options...
paulstrgn Posted July 5, 2019 Share Posted July 5, 2019 In my opinion (which the VA does not agree with) I should be able to claim a disability and all the secondary disabilities to that one and it be considered 100%. After all you can't use any of those to make up the additional 60%. JMO ShrekTheTank 1 Link to comment Share on other sites More sharing options...
Jimmer Posted July 5, 2019 Share Posted July 5, 2019 paulstrgn, You are spot on! I agree with you 100%! paulstrgn 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted July 6, 2019 HadIt.com Elder Share Posted July 6, 2019 18 hours ago, Richard1954 said: And would you believe I left off one 60% rating..... I agree its a lot of work with no payback, but you never know when the VA is going to decide to downgrade you so it is still better to have all of your issues rated. I guess you have never read : https://www.theveteransvoice.com/reasons-to-keep-pursuing-va-claims-and-appeals-after-you-reach-100 or watched: https://www.youtube.com/watch?v=4cFUwC0oypQ It really is always better to pursue every valid issue ...... Hey Richard 1954 Yeah I read this a long long time ago Chris is an outstanding Attorney but like most attorneys they feel a need to promote their business, I have no problems with Chris and I highly recommend him to younger veterans starting out with their claims, this is a debatable subject in my opinion, it makes sense what Chris is saying here, but if a veteran has a disability that is static and of chronic in nature and not expected to Improve in his/her life time and it says this on their award letter as it does with most veterans that has a S.C. Rating for their disease/Injury. No proposal should ever be sent to this veteran. I can't see a proposal to reduce being sent, it don't make any sense to do this, but the VA is the VA and can and will but most veterans can beat this, if they keep going for medical care with the VA or if they are fortunate enough to be able to afford insurance then they can share their medical records with the VA as long as a veteran is seeking medical care for his over all health, I can't see a reduction taking place, if the veterans stops the medical care sure this will prompt the proposal to reduce in the VA EYES they think if the veteran is not seeking medical care well he must have improved on his s.c. disability ect,,,ect,,,(Prompt the proposal) or some VA Dr tells lies on the veterans disability. ect,,,ect,, Don't get me wrong if a Veteran has a legit claim and wants to file on it that is on him no matter how severe or moderate the disability is. if its a claimable disability that is certainly up to each veteran to file. Now at times after a Veteran has been service connected for his/her original disability and has these for a while and starts filing for pee-nickel claims the 10%ers even after he/she is past the 100% this can and will open a complete review of all his/her claims and some times this will generate a proposal to reduce some say it opens up a can of worms, this may not be so, but it all depends on what type of rater we get or the C&P Examiner has a Hair up his arse they can cause a veteran a lot of problems. Do you remember Long time Hadit member carlie cash? she was a hadit MOD/Admin and also a CUE Claims expert and devoted hadit member she was great helping veterans and she did it in a way we all could understand the way she explained how things work and she knew most of all the CFR Regulations by memory...she had her s.c disability 100%and I believe she also has some SMC's well she had went to her VAMC for some medical test...after a few weeks she got a letter for proposal to reduce her benefits...(we never knew what cause this proposal) but carlie seem to think it was the hospital test..maybe a VA Dr has written in her record that she has shown improvement (we don't know what cause the proposal?) anyway carlie was very up set about it and she wrote an email to the VA Secretary and ask that the proposal be canceled, she had her sc disability over ten years and her age was over 55 and the disability she had was of static and chronic in nature and not expected to improve in her life time, and she also mention in her email that this proposal should be canceled because its a waist of tax payers $$ and everyone's time and that a younger veteran needs this time for his /her claim , I ask this proposal to be canceled... they canceled it. her post on this is in hadit's archives if you like to read it..I kept this post for future reference if I need it. unfortunately we lost Ms Carlie back in 2015 to a sudden Heart Attact she is deeply missed here on Hadit as a good friend as well an an expert veteran adjudicator. Going for every disease or injury that happen while in the military or was caucused by the military .a veteran has every right to file a claim for it no matter what the disease or injury was or the severity of it. but just my opinion I really do not think veterans should file on every little thing that pops up to be compensated for it. or have ir service connected sure others will disagree and that's ok this is just my opinion! Now if its disabling to the veteran sure file for it , but if its not or not life thereting ,in my opinion he don't need to file for it , or filing for these type claims to keep from being reduce under the 100%rate or what ever the veteran is rated for. ..just my opinion on this it adds insult to injury and gives veterans a Bad name.....if I get a proposal to reduce then I will be a man and stand up against the VA and fight for what I got coming to me come hell or high water.. Oh .I did get a proposal to reduce me back to 0%one time caused from a arse veteran Dr that like to play God And use his weight to take veterans benefits away...Yeah he caused me all kinds of problems by lying. fortunately for me.I over came his lies ....> oh it cost me, I had to get a IMO/IME to rebut this VA Dr but I got one and the DRO tore this VA Dr to Pisces, and I won and not only did I win out but an increase was forth coming and not a decrease this back -fired on this VA Dr. Anyway don't take this all wrong if a veteran wants to file on every little thing that he can file on then that's certainly up to that veteran ,but don't do it on the reasons to hopefully keep from getting a proposal to reduce. *Note *This is just my opinion alone others have their own right to their opinion as well. Link to comment Share on other sites More sharing options...
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