Nexus letter if I have photographic proof?

[LKF050813]

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!

[LKF050813]

37 minutes ago, pacmanx1 said:

When the VA granted you 80%, they should have discussed TDIU in that rating because the 80% already makes you eligible for TDIU.  SMC-S is about $300.00 to $500.00 extra above the 100% or TDIU pay rating.  

 A veteran can be awarded SMC-S if he/she is rated a single 100% schedular rating plus an addition 60% or a single TDIU rating with an additional 60%.

Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

 https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR6477ad08d327384/section-3.350

 

I just tried to explain this to my VSO, That the VA had an obligation to consider me for TDIU or even notify me that I should apply for it based on my initial rating, and he is pretty much telling me they won’t care now because I didn’t ask for it within the first year after retirement.

Based on what I’ve learned here and the IMO given to me, I believe I do have case for compelling the VA to assign an EED to TDIU back to my last date of employment.

Is SMC something I need to apply for or will it automatically be added based on my ratings?

[Lemuel]

9 minutes ago, LKF050813 said:

Thank you for the thorough explanation, from both of you! I just spoke with my VSO to explain some of this to him and he told me the VA is going to tell me to pack sand. Thanks for the vote of confidence…

”Finally the Courts are holding the VA to account.  This should break the backlog of veterans claims in the "Delay, Deny, Wait Until They Die" mode.”

I’ve never heard that saying before, but it is sad and shockingly probably true. 

From a bill board in the east somewhere.  Saw a picture of it online.

[pacmanx1]

4 hours ago, LKF050813 said:

Is SMC something I need to apply for or will it automatically be added based on my ratings?

Because you have a pending decision, it is best to wait. SMC ratings are different than regular ratings.  Regular ratings go by the date you filed your claims, but SMC ratings go by the date you actually meet the criteria. So, it is possible after your pending decision, if you meet that criterion, the VA may grant it without you filing a claim.

[LKF050813]

13 hours ago, pacmanx1 said:

Because you have a pending decision, it is best to wait. SMC ratings are different than regular ratings.  Regular ratings go by the date you filed your claims, but SMC ratings go by the date you actually meet the criteria. So, it is possible after your pending decision, if you meet that criterion, the VA may grant it without you filing a claim.

Got it. Again, thank you so much for taking the time to share your knowledge about all of this. I’m beyond grateful to you and this community

[relatively happy camper]

I would file the SMC claim now and I'd request the earliest date where you felt you met the criteria.  I can't see any reason to wait.  jmo

[pacmanx1]

1 hour ago, relatively happy camper said:

I would file the SMC claim now and I'd request the earliest date where you felt you met the criteria.  I can't see any reason to wait.  jmo

SMC payments are determined by the records and when the veteran met the criteria and not by the date the veteran filed his/her claim.