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Long story, Advice Please! EED or Nothing?

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taylor99be9

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My claims have been incredibly jacked up since 2012, when I was medically retired for Ptsd/Tbi from the military for injuries that awarded me a purple heart.  
 
Granted (50) Percent PTSD from  VA when i was medically retired which is grossly underrated back then, I mean at (50) Percent for PTSD, if those were my symptoms, I would have never even been recommended for a medboard.
Keep in mind that i was AWARDED Social Security Benefits based only my military medical records and the SSDI granted the Disabilities of : TBI With Migraines,PTSD,Adjustment Disorder with Effective Date : 02/22/2010 the so SSDI made the my Effective Date the same day as my Purple Heart date! 


So  “Effective Date”

(June 27,2012) awarded (50) Percent  PTSD,  (10) Percent Tinnitus,(10) Migraines, (10) Gerd.  
Total combined disability rating (60) percent combined rating upon medical retirement date of 
(june 27,2012)


I appealed the rating decision by IDES of the (50) Percent : (PTSD/Post Concussion Syndrome), then on (October 23,2013) awarded (TDIU P&T) on my appeal  from
 (June 27,2012), the  (50) Percent PTSD/TBI Rating  to (70) Percent based “solely” on the (PTSD/Post concussion syndrome) rating that was originally (50) percent from IDES Medical Evaluation Board up medical retirement.  

So in (11/10/2017) migraines and gerd went from (10) Percent each to (30) Percent increase separates , so now with the TDIU P&T based solely on the (70) Percent PTSD/Post Concussion Syndrome so from 
Effective Date : (SMC -S) =
 (11/20/2017 - 03/23/2018) 
(SMC-S) stopped due to me going from (S)  to (SMC-L) based on aid and attendance “solely” due to (PTSD/TBI) Residuals,  and now my (TDIU P&T) 
for (PTSD/TBI) Residuals would from (70)Percent to (100) Percent Scheduler with Effective Date : (March 24,2018) and awarded (SMC-L) that same day as well, with effective date : 
(March 24,2018)

Then granted (SMC-K) effective date : (02/13/2018).

Then with the extra combined rating a side from the PTSD/TBI which 
is (100) Percent rating now and having a now (50) Percent:  Migraines, 
(30) Percent : Gerd, (10) Tinnitus, I go to (SMC-P1) or (SMC-L 1/2) effective date : (March 24,2018) 

Would the (SMC-L1/2) go back to the “Effective Date,”  I was awarded the VA Caregiver for mental health, ie : (PTSD/TBI Residuals was exactly what i was approved for the grant of the VA Caregiver from (July 26,2012) - (03/17/2014) my wife who is also a RN and my VA assigned caregiver, she left me and divorced me, in (2014), then I never followed up with trying to get a replacement caregiver, so i was TDIU P&T 70% PTSD/TBI Residuals : Effective Date : (June 27,2012) and now now im 100 Percent scheduler, PTSD/TBI Residuals P&T  with Effective Date : (March 24,2018)

Ive had or currently have been awarded :

SSDI Effective Date : (02/22/2010)

TDIU P&T Effective Date : (06/27/2012)

VA Caregiver Effective Date : (07/23/2012)- (03/2014)

SMC -S Effective Date : 11/28/2017-04/2018)

SMC-L Effective Date : (03/24/2018)

(70) Percent TDIU P&T to (100) Percent Scheduler based on “same” rating of the PTSD/TBI Residuals that i was given a P&T status for in 2012 anyways 

(100) PERCENT Scheduler
 “Effective Date” : (03/24/2018)

(SMC - P) Effective Date : (03/24/2018)
Based on having the extra (50) Percent a side from the PTSD/TBI.

So basically (SMC-L 1/2) is my current rating. 

And for the record I’ve, tried going the Supplemental Claim route i was denied the  appealed to Higher level review and was denied everything and now went to the Board of Veterans Appeals in Washington they received it on (OCTOBER 17,2019) and already on (January 09,2020) my appeal case is in ( Front of a Veterans Law Judge) I filed a expedited claim based on my file being jacked up since (2012) with ratings and was told by the VA they did grant the Claim  from me for expedited claim.  Is that a good or bad sign or means nothing at all,that the board of veterans appeals granted me expedited/priority, based on my claims being screwed up? 
 

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42 minutes ago, Dustoff 11 said:

They know where to come to for complex claims as I hardly ever see this on that other forum known as VBN.

I go there every now and then when I'm slumming.

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  • Moderator

Make sure you know:  A "VA application" is different than a med board rating.  You have to apply AT VA AFTER your exit from service to be eligible for an effective date within a year of exit from service.  

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VBN's motto: "Dont apply for benefits, you could be reduced, instead.  You really dont deserve the rating you got, it must have been a generous rating specialist.  So be happy and settle in for less than you deserve as VA always gives Vets the benefit of the doubt awarding more benefits than they deserve.   The VA has 95 percent accuracy, blah blah blah..."  

 

Of course, this motto is promulagated by rating specialist whose prime interest is reducing their work load of claims and appeals.  If you post anything in conflict with that, you are banned, of course, because of your bad attitude.  "How dare you accuse hard working VA raters of lowballing lying drug  addicted, alcoholic Veterans who expect a free handout?"   

Edited by broncovet
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Honestly same story here mostly but I wasn’t awarded a Purple Heart for my sTBI . But I had to get a occupational assessment from a doctor when they said I was 90% IU and P and T. I laughed a year later after the assessment awarded SSDI and 100% scheduled P and T. I’m not promoting people business o don’t think It’s allowed but I will say I paid 500 bucks for it message me I’ll give you his name a Dr credentials. No point on delaying what you deserve this person will also wait till your awarded or work out a payment plan for the 500...,.

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  • HadIt.com Elder

https://www.purpleheart.org/about-the-purple-heart/

My Brother-in-law recieved the PH As it was presented to my sister

 PFC William L Foley

http://www.virtualwall.org/df/FoleyWL01a.htm

Not sure about the Gulf Wars ,But back in the Vietnam War /conflict you damn near had to lose your life during combat to recieve the P.H.

If you did recieve the PH back in the RVN and still live to shoe it or tell about it   then you were pretty much messed up.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Click on his profile to read what happen.

Back in 1968 Up at Quang Tri Province.  South Vietnam.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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