BVA Grants Service Connection Yesterday

[63Charlie]

I won service connection for Meniere's Disease, and Tinnitus after several years long battle.

 

I anticipate that the next thing will be the typical VARO lowball rating decision which will trigger a new appeal.

 

Curious as to why the BVA judge failed to order a new C&P exam for MD/Tinnitus after granting service connection?

 

I'll never understand the reasoning for the backwards way the VA does things.

 

I had multiple other issues remanded back to the VARO funhouse for new C&P exams to determine service connection, including one for hearing loss.

 

Edited May 10, 2022 by 63Charlie

[Dustoff1970]

Congratulations Charlie and I too have a BVA decision on remand now on a claim/appeal for increase of heart disease rating.  It has now been two or three months since the remand decision that ordered a new C&P exam that I completed about two months ago with LHI.

BVA said in their remand decision that the VA C&P exam with a negative opinion against me was defective.   Although the courts have said that VARO adjudicators are to expediate all remand decisions from BVA and courts I have heard for a long time now that the VARO often takes a very long time to issue the new decision.  Some have said years.  Seems like everybody now days like to ignore court orders with no repercussions  against them.

Since I am P&T 100% with SMC-S I no longer check everyday for any new updates but still do so a few times a week.  Here is wishing a fast result for you and me.

[Vync]

Congratulations on finally getting over the huge SC hurdle! No idea why they didn't request a new C&P for it, but with tinnitus you should get a single 10% (not bilateral, unfortunately). No idea about MD though. In the interim, you could always put a request in for a new C&P for rating purposes due to it being an inadequate exam....

[63Charlie]

If they award 60% for the MD alone, I should receive two years of a higher SMC-S retroactive benefit above the 100% rating I was paid.

If they award 100% for Meniere's alone I have no clue what my rating SHOULD be as I have another single condition I am rated at 100%.

Maybe some help with this as I know very little about SMC and I have no attorney

I read the VA info but I still don't understand SMC ratings

I don't have the knowledge to even know if I would be entitled to higher than SMC-S

Edited May 11, 2022 by 63Charlie

[Dustoff1970]

I will answer your question about SMC-S by explaining my past and present (recent) situation.

For a great many years since 1998 I was rated P&T TDIU due to a single 70% PTSD rating.  Around 2014 to 2016 I received a 30% rating for Vietnam Agent Orange Heart disease.  Then on December 2021 I received a 50% OSA Sleep Apnea with CPAP rating that gave me a combined VA rating of 90 to 92% (VA math) with TDIU and the BVA also granted me automatically SMC-S with backpay to 2017 due to these additional ratings qualifying for SMC-S.

In other words I now had additional combined rating of 90% that were greater than the minimum required 60% additional rating to qualify for SMC-S.  For the purpose of qualifying for SMC-S a TDIU rating is equal to 100% scheduler.

Then very very recently I received from VARO (without appealing) a 60% rating for GERD caused by my long term PTSD and 10% for Tinnitus (Direct Service connection) that brought my combined VA rating of 90% to up over 100% so now I am 100% P&T with no TDIU at all.

If you are TDIU or 100% scheduler and receive an additional rating or ratings that add up to minimum 60% (at least 60%)  or more such as 80 or 90% then you automatically qualify for SMC-S with likely some months or years back pay.  I did not have to file or do anything else to receive this SMC-S.

An important (very important) note is that the additional rating or ratings must  effect a different body part of the vet than the initial rating that gave him the TDIU or 100% award.   For example GERD and Sleep Apnea is a different part of the body than a PTSD mental rating that gave me my long term TDIU award since 1998. 

Also for TDIU vets their TDIU award must be based upon a single rating of at least 60% or more and not two or more ratings that yielded the TDIU award in order for the vet/s to qualify for SMC-S.   Since you are 100% scheduler and not TDIU this should not effect you.  The VA is totally ***** up in their disability rating system and I mean totally.

P.S. Mel Gibson the actor and true nut case said in one movie that PTSD pays well.  There are a tremendous number of vets, police, EMS, firefighters, civilians, etc.  with PTSD so you others are probably outnumbered.  Don't knock it folks.

My comment is not legal advice as I am not a lawyer or paralegal or VSO.

 

 

Edited May 11, 2022 by Dustoff 11

[Riplip]

Congrats on the Menieres. I have a claim in for it now. Going for my second C&P on it. I'm 70% hearing, 10% tinnitus and 30% vestibular disorder. I'm looking for 100% meneires and completely fall in that category. I hope all your other claims fall into place. 

[pacmanx1]

Congratulations!!