• Announcements

    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/

Archived

This topic is now archived and is closed to further replies.

Smc Overload

17 posts in this topic

Posted

I have been reading posts, asking questions, reading USC codes and Title 38 and I am more confused now than I ever was.

For SMC. If I have a rating that is 60%, Service connected right knee with chronic resiudals following TKR. Can that rating be established as could or would be able to grant me TDIU??

If it was established that that single service connected condition at 60% could grant me IU, then would I be able to combine my other ratings to meet the 60% criteria for SMC S???

I have seen a lot of posts that state the rating for IU must be 70% to be considered total for the purpose of SMC S, is that true?

Are Bi-lateral conditions considered when computing the rating % necessary to qualify for IU and then SMC S?

I have the following ratings

60% Right knee, failed knee replacement x2 (and just recently diagnosed with Complex Regional Pain syndrome in that knee as well. Can that 60% be increased due to CRPS)

10% Left knee

30% Adjustment disorder

30% sleep apnea

30% cervical

20% lumbar

10% For bothe right & left lower limbs, radiculopathy

10% left shoulder radiculopathy

10% Bi-lateral Plantar Fasciitis

10% Left hand arthritis

10% Tinnitus

10% Hypertension

and a bunch of service connected 0%

My inital rating provided me TDIU and a 90% schedular. I filed a NOD and was granted the 60% for the right knee vice the 30% the rater initially awarded. Added the hypertension and left shoulder since then as well. Currently have a NOD for

seronegative RA, increase for left knee following a menisectomy & prescribed full length leg brace. Active claim for automobile allowance.

Share this post


Link to post
Share on other sites






Posted

Is the 10% left knee secondary to or a bilateral percent solely due to the SC right knee?

"Currently have a NOD for

seronegative RA, increase for left knee following a menisectomy & prescribed full length leg brace"

and "10% Bi-lateral Plantar Fasciitis" which sure must be aggravating the other stuff.

Have you compared the medical evidence that they used for the 60% to the Schedule of Ratings?

Have that specific disability gotten worse since they awarded?

Have you claimed it (the 60% disability) has been aggravated by the left leg disability -which sure has gotten worse- and warrants a higher rating that way?

"I filed a NOD and was granted the 60% for the right knee vice the 30% the rater initially awarded"

Did you formally appeal the 60%?

"I have seen a lot of posts that state the rating for IU must be 70% to be considered total for the purpose of SMC S, is that true?"

Can you refer me to one of those posts?

Share this post


Link to post
Share on other sites

Posted

forgot to ask:

"My inital rating provided me TDIU and a 90% schedular."

How did VA consider and deny SMC at that time? what was the date of that decision?

Share this post


Link to post
Share on other sites

Posted

sorry-I should have focused on your first question first-

60% Right knee, failed knee replacement x2 (and just recently diagnosed with Complex Regional Pain syndrome in that knee as well. Can that 60% be increased due to CRPS)

Yes.

The BVA would not have remanded this claim if CRPS was not a ratable disability:

http://www.va.gov/vetapp10/files4/1034802.txt

Did the diagnoser of the CRPS document in your med recs that the CRPS was a direct result of the SC knee?

Can you tell me the diagnostic codes they used for each of your ratings pertaining to both knees?

Share this post


Link to post
Share on other sites

Posted

If, you receive TDIU for one service connected disability rated at 60% or more, and have additional disabilities rated at 60% or more, separate and distinct from the disability that afforded you the TDIU, AND involves different anatomical segments or bodily system(s), then you would be eligible for SMC s. You would have to have medical evidence that you can not obtain, or maintain employment due to your knee condition, and apply for TDIU for it. I would venture to say that the VA would then schedule a C&P. I did not have to have a C&P for my TDIU, as my medical evidence, provided by VA Physicians, my employment record, and my statement was sufficient to establish TDIU.

Share this post


Link to post
Share on other sites

Posted

Well, the Fast letter says a single condition that was the reason for IU, OR could be considered for IU. My right knee condition is the main reason I was medically retired, and I was approved for SSDI, while on active duty, and the date SSDI found I could no longer work was January of 2007, prior to the left knee being injured, and the daignosis of the multiple orthopedic conditions, inflammatroy arthritis, sleep apnea, hypertension, and adjustment disorder. So I would have to think the right knee at 60% which is the maximum rating even with amputation was, or is able to be a single disability rated at 60% that would keep me from seeking gainful employment.

The Fast Letter does not specifically state that a condition that would qualify the Veteran for SMC S has to have been determined to cause the Veteran IU, or that IU has been awarded for that single SC condition. That is why I am confused. If the qualification now states that the condition "could be" the sole reason for IU, then the VA can grant SMC S.

The CRPS was just diagnosed, and it was consistent with the right knee surgeries and treatment causing the CRPS. The doctor didn't comment on CRPS in any other joint than the right knee. But I don't know if the VA can rate 60% due to chronic residuals of knee replacement, 5055, and rate the right knee with CRPS, or Neuralgia. If 60% is the maximum rating for a leg, can they rate another condition that is present??

Share this post


Link to post
Share on other sites

Posted

Keeping it simple you must have 1 single solitary sole condition rated as total with another combined rating of 60 percent or he housebound to receive SMC S.

J

Share this post


Link to post
Share on other sites

Posted

Well, the Fast letter says a single condition that was the reason for IU, OR could be considered for IU. My right knee condition is the main reason I was medically retired, and I was approved for SSDI, while on active duty, and the date SSDI found I could no longer work was January of 2007, prior to the left knee being injured, and the daignosis of the multiple orthopedic conditions, inflammatroy arthritis, sleep apnea, hypertension, and adjustment disorder. So I would have to think the right knee at 60% which is the maximum rating even with amputation was, or is able to be a single disability rated at 60% that would keep me from seeking gainful employment.

The Fast Letter does not specifically state that a condition that would qualify the Veteran for SMC S has to have been determined to cause the Veteran IU, or that IU has been awarded for that single SC condition. That is why I am confused. If the qualification now states that the condition "could be" the sole reason for IU, then the VA can grant SMC S.

The CRPS was just diagnosed, and it was consistent with the right knee surgeries and treatment causing the CRPS. The doctor didn't comment on CRPS in any other joint than the right knee. But I don't know if the VA can rate 60% due to chronic residuals of knee replacement, 5055, and rate the right knee with CRPS, or Neuralgia. If 60% is the maximum rating for a leg, can they rate another condition that is present??

Your residuals status post knee replacement are a musculoskeletal disability. A nerve condition, while secondary to your knee replacement is okay, and does not run afoul of the amputation rule. This is not pyramiding, since musculoskeletal and nervous system are separate and should be evaluated as such.

Share this post


Link to post
Share on other sites

Posted

Thanks for that. I was wondering because I had read that a limb could only be rated the maximum amount of the amputation, but then I have seen awards that went above the amputee rule, and until now didn't understand how

Share this post


Link to post
Share on other sites

Posted

Keeping it simple you must have 1 single solitary sole condition rated as total with another combined rating of 60 percent or he housebound to receive SMC S.

J

J - I continue to disagree!!! The additional ratings do not need to be combined, altho that is how the VA is apparently administering it at present. The additional ratings need only "add up" to the additional 60%. Anyone who's additional ratings add up to 60% should apply for the SMC "s" award, and if denied, appeal, appeal, appeal . . . . It's like money in the bank. When you win you'll get a nice retro check. Or you can listen to the VA and others(J) and not apply and get nothing, zero, zip, etc. It's your choice! jmo sorry J!

pr

Share this post


Link to post
Share on other sites

Posted

Yeah,

they could rate the right knee as total, a single 60% rated disability. The rest of my ratings easily can be combined to reach the 60%. I have 3 other ratings at 30% each, 1 for 20% and about 8 at 10%.

As I said before, I also currently have a NOD for Seronegative arthritis which was diagnosed only 6 months after I retired, so it is a presumptive. I had signs of the arthritis, and treatment records for it while still active so either way it should be found service connected. They denied it last time because they never requested the records from my private docotr, which I gave them the name, phone number, address and dates of treatment. I also sent a package of information that included the tests, X-rays, and bone scan which confirmed the systemic problem in every joint. They tell me they never got the package, but they did have in the evidence a record from the VA that they pulled at the same time. I only signed 1 release of info and it was in the package I sent, so how they came out with 1 piece of paper and did not receive the rest of the package really isn't possible. I am sure that is going to be rated at least 60% at a minimum because my doctors have noted it is totally incapacitating and I cannot work because of it, and my fatigue levels are 20% of normal.

We will see. I sent a letter to the VARO DRO asking that they consider the SMC when they complete the NOD appeal

Share this post


Link to post
Share on other sites

Posted

," so how they came out with 1 piece of paper and did not receive the rest of the package really isn't possible."

I believe strong from personal experience that this is deliberate on VA's part to selectively ignore critical evidence.

Do you have a vet rep?

"We will see. I sent a letter to the VARO DRO asking that they consider the SMC when they complete the NOD appeal"

"They tell me they never got the package, but they did have in the evidence a record from the VA that they pulled at the same time. I only signed 1 release of info and it was in the package I sent"

Have you firmly advised them to consider the entire packet you had sent to them? Do you have a proof of mailing receipt to scan onto the letter?

I get furious when I read stuff like this.

Years ago I was so fed up with Buffalo RO for refusing to acknowledge my evidence that I sent it all to former temp VA Secretary Mansfield with a postage paid envelope enclosed asking him to send it to my regional office.

I thought this would make them read it.

They got it all from him and still refused to read it.6 years later it got read by the BVA and they awarded the claim.

This stuff doesn't happen in a vaccuum.It is part of the stall tactics the VA uses.

Share this post


Link to post
Share on other sites

Posted

You have a huge problem. That is you are already rated 100% total. The va is not obligated to even consider TDIU if you are already rated 100%.

But on the other hand.. if you were rated 60% with TDIU and also had the smc .. and then the va revoked the TDIU and awarded 100% and you lost the SMC at the same time.. According to Bradley v Peake the VA would be required to

award TDIU and the SMC even though you could be rated 100%. This is because the va is required to award the maximum benefits allowed.

But as I said, once you are rated 100% the va is not obligated and by law will not consider TDIU... they will say it is a moot point...

You also would have to show the knee is the reason that you don't work, that may be hard to prove if you have been out of work for a while, and never raised the issue, or if you had a career that didn't require much walking or standing....

Don't want to discourge you but remember the va looks at all the evidence not just the medical records.....

At least this is how I understand the delima...

Share this post


Link to post
Share on other sites

Posted

Your residuals status post knee replacement are a musculoskeletal disability. A nerve condition, while secondary to your knee replacement is okay, and does not run afoul of the amputation rule. This is not pyramiding, since musculoskeletal and nervous system are separate and should be evaluated as such.

The problem with this reasoning is that the va did not always rate nerve injuries seperate from musculoskeletal ratings.

For example.. I have DDD lumbar region, rated at 60% , it caused siatiac nerve damage , muscle problems , and drop foot... I was never rated for the nerve damage as at that time (1999) it was considered part and parcle of the back injury. I was awarded a K award for the drop toot.... Truthfully, under the new rating schedule I don't think I wouild ever get a 60% rating for my back, and I would be lucky to get a 30% rating for the siatiac nerve.. but the VA does not re-rate based on the new schedule just to lower a rating.. And besides one 60% rating is better than two 30% ratings because of the combined ratings chart...

Share this post


Link to post
Share on other sites

Posted

Thanks for the replies, I appreciate the inout.

I do not have a Vet Rep. and have never had one. I received my award within 30 days of retirement, TDIU with DEA benefits and then later the NOD and additional shoulder and hypertension ratings. I talked with 2 before filing my own claim but the response I got was not encouraging so I went it alone.

I did verify that they finally received the packages I sent, the last 2 anyway, and after I asked why I have to send them something 2-3-4 times before they admit they received it I have not had an issue of them not receiving my mail. Crazy. Now they have the medical reports and tests to confirm that I was diagnosed with an inflammatory (unidentified) arthritis condition affecting every joint in my body which occured within the 1 year presumptive period. Arthritis is presumptive and I was seeking medical treatment while active duty anyway and it is in my records, and they have seen them and have rated multiple joints with arthritis.

If the VA can say that since I am 100% the TDIU and SMC S is moot, why didn't they write that in the fast letter?? There is nothing in the fast letter about a Veteran who is 100% schedular based on multiple disabilities being unable to qualify for SMC S under the Bradley case. I read that thing about 10 times to make sure and it does not clarify that, and in fact states the VARO must maximize the Veterans benefits and in order to maximize them they would have to consider the highest single rating in the award and determine if that single disability would qualify the Veteran for TDIU, which my right knee at 60% would because of the severity of the condition. As I mentioned earlier that is the reason I was awarded SSDI, along with the side effects of the pain medication I took because of the right knee condition (service connected).

I did originally have a TDIU rating, and when I was awarded the 60% for the right knee I inquired about SMC and they denied I qaulified. It wasn't until after my hypertension and left shoulder were rated did they say I was 100% schedular. That is why I wrote overload. Every answer I get on the question is not specifically in the fast lett 09-33, or the rating process did not occur as it should have making it in even more confusing.

I snet a letter to the RO asking that the question be considered when they review my NOD.

Again, thanks everyone for your input, when I get a final answer, whether right or wrong I will post it.

Share this post


Link to post
Share on other sites

Posted

J - I continue to disagree!!! The additional ratings do not need to be combined, altho that is how the VA is apparently administering it at present. The additional ratings need only "add up" to the additional 60%. Anyone who's additional ratings add up to 60% should apply for the SMC "s" award, and if denied, appeal, appeal, appeal . . . . It's like money in the bank. When you win you'll get a nice retro check. Or you can listen to the VA and others(J) and not apply and get nothing, zero, zip, etc. It's your choice! jmo sorry J!

pr

The best chance to get this discombobulated issue out in the open is for a Veteran to file an appeal, get deined, appeal to the BVA, Get denied and finally get it into the Court where it could be a precedent setting issue. It may even take a hgigher court to do it. That is what is needed, for the current status quo we are at the mercy of the VA on this issue.

j

Share this post


Link to post
Share on other sites

Posted

j- that's what I'm hoping to do, w/my claim. It's been back and forth for 20 yrs and it was just remanded, back to the BVA, after another RO denial. In the mean time I recommend all who may should file, now, and not wait. Thanks!!

pr

The best chance to get this discombobulated issue out in the open is for a Veteran to file an appeal, get deined, appeal to the BVA, Get denied and finally get it into the Court where it could be a precedent setting issue. It may even take a hgigher court to do it. That is what is needed, for the current status quo we are at the mercy of the VA on this issue.

j

Share this post


Link to post
Share on other sites












  • HadIt.com Twitter