100% p&t exam

[SPO]

Starting a new thread to avoid confusion.  I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p).  However, in the decision letter it says they are scheduling exams to evaluate my current severity.   What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

[pwrslm]

35 minutes ago, pacmanx1 said:

Another issue missed or overlooked, the veteran is rated 90% and a 20% increase will not even move the combined rating score to reach an increase in his combined rating.  90% + 20% is rounded down to 90% no pay change, no increase in monthly pay, no retro payment, no nothing, just an increase. A 20% rating will not get an SMC payment. 

Hmm. Without looking at his actual ratings, there is no way to see what 20% would or would not do. If the prior rating was 94.2 he would be rated down to 90. Stop closing your eyes.

But the Vet is already 100% P&T he said.

If the 12 remanded conditions put the Vet to an additional 40%, 20% would put him into SMC payment.

But this is all speculation. What is NOT speculation is the 0% from 2018. That is final.

Edited December 15, 2021 by pwrslm

[pacmanx1]

2 minutes ago, pwrslm said:

Hmm. Without looking at his actual ratings, there is no way to see what 20% would or would not do. If the prior rating was 94.2 he would be rated down to 90. Stop closing your eyes.

If the 12 remanded conditions put the Vet to 100%, plus he received an additional 40%, 20% would put him into SMC payment.

But this is all speculation. What is NOT speculation is the 0% from 2018. That is final.

Let's agree to disagree. We are both speculating but now you say file the supplemental/HLR and wait for the review which could lead to an SMC payment. That is putting the claim in two different directions. My eyes are wide open, but keep in mind that the 12 issues being reviewed would still be counted within the 100% rating and are not separate so there may not be a 100% + 40% + 20% it would just give the veteran an earlier effective date of the 100% and may not even get to the SMC factor. Let you and I stop the debating because as we have said it is just a guess that means nothing, if the veteran has more questions let them ask.

 

[SPO]

I don't know if this will provide clarity, but here are Board and VBA decisions.   As a reminder, all the items discussed in these letters have been issued ratings and effective dates, but are still also deferred. These are the only items I have on appeal or in any claim right now.  Before this appeal was completed I was at 90%, and after these decisions I am at 100% P&T.

vba decision redact.pdf

BVA redact_Redacted.pdf

Edited December 15, 2021 by SPO

[Mr cue]

Ok so I got the rating and notification letter.

An I would say u got a check for the 100% for the condition granted.

But the va still have them under deferment still.

And are now requesting exam for all your issues. 

You haven't even had the rating for a Year.

All that said.

If it was me I am withdraw all the claims or appeals

U are 100% they can't take that away because u withdraw all the other stuff after they Grant it.

 

My belief is they are going to get a new unfavorable medical opinion and than lower the rating.

And u will be appeal it to the bva who might get it right. If not your on your way to the cavc.

They will remand.

I say 2 yr or more without the 100% payment.

For what.

Just my opinion

Don't play there game.

And last thing the va isn't trying to get you smc.

You can apply for smc benfits at any time.

 

 

 

 

 

Edited December 15, 2021 by Mr cue
Miss spell

[Mr cue]

I try to replace the I with you.

But it didn't let me edit my bad.

[pacmanx1]

IMHO, yes it does. It appears that you do not have a single rating that is 100% and not likely to reach the SMC factor but if you do have a single rating that makes you unemployable then it is possible. Based on your most recent post it appears that the BVA/VA is trying to determine if you should get an EED (EARLIER EFFECTIVE DATE) of your 100% rating and retro/back pay. It is not likely that the VA would try to decrease your combined rating because the only exams they are reviewing are the new ratings. So, the board granted everything and no remand just a review of records to include possible exam review with more opinions needed but no real chance of a decrease in your combined rating. No need to disagree with the BVA grant because they granted everything, the new ratings still have to be rated properly and if you disagree then it is time to file your disagreement and just in case the VA does try to decrease your combine rating you can appeal that rating back to the BVA.

Congratulations! Thank you for your service and your patience.

P.S. I had a BVA grant that was increased then decreased by the regional office, it did not change my combined rating percentage, but it has a potential to establish an overall earlier effective date. Since my claim was still in the appeal status the BVA forced the regional office to restore my rating and now I am waiting for my new BVA decision.