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tdak

Can You Receive More Than 100% Disability?

11 posts in this topic

I have heard that you can receive more than 100% disability. Is this possible? It seem to me that is why they bulked all of my residuals into one code and didn't break them out seperately, so I didin't go over 100%. Even though they should be, but that is another fight/appeal.

Thanks,

Tamara

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Yes, I have 100% for PTSD & 100% for Cancer from Agent Orange. You don't draw 2-100% checks. You get a SMC (Special Monthly Compensation). In my case it is something like $295 a month more than the normal 100% rate.

Don

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100% SC for one disability plus 60% or greater for additional but independent SC equals SMC-

this is the "S" award-

There are many ways in which a veteran can receive SMC- Special Monthly Compensation-all in

38 USC 1114

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No you can not receive a rating higher than 100%. You can however receive compensation at a higher rate than 100% due to different special monthly compensations, such as housebound, A&A or K award.

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The maximum a seriously disabled sc vet can receive is more than $5,000+ a month.

pr

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how do I look this up?? 38 USC 1114

I've looked on this site and searched on this site to no avail -

I need direction (in layman terms, please)

========================

GPO Access

<H3 align=center>Electronic Code of Federal Regulations (e-CFR) </H3><H4 align=center>BETA TEST SITE</H4>

e-CFR Data is current as of January 29, 2007

TITLE 38--Pensions, Bonuses, and Veterans' Relief

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES

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Yes, I have 100% for PTSD & 100% for Cancer from Agent Orange. You don't draw 2-100% checks. You get a SMC (Special Monthly Compensation). In my case it is something like $295 a month more than the normal 100% rate.

Don

i got the same 100% as y0u do, so how do i ge the other smc//bigjim

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Yes, I have 100% for PTSD & 100% for Cancer from Agent Orange. You don't draw 2-100% checks. You get a SMC (Special Monthly Compensation). In my case it is something like $295 a month more than the normal 100% rate.

Don

i got the same 100% as y0u do, so how do i ge the other smc//bigjim

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Stan and Pam,

Are you sure you aren't looking for 38 CFR 1114?

Seems like it, so try this.

go to website http://www.va.gov/

there is a search box on right side, top of page. Type in 38 CFR 1114 in the search box and you will have results directly below. Just click each link on the relevant item link to see which one you like or need.

Goos Luck,

Tamara

how do I look this up?? 38 USC 1114

I've looked on this site and searched on this site to no avail -

I need direction (in layman terms, please)

========================

GPO Access

<H3 align=center>Electronic Code of Federal Regulations (e-CFR) </H3><H4 align=center>BETA TEST SITE</H4>

e-CFR Data is current as of January 29, 2007

TITLE 38--Pensions, Bonuses, and Veterans' Relief

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES

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1114 should be 38 USC (US code) not 38 CFR. jmo

pr

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Yes, I have 100% for PTSD & 100% for Cancer from Agent Orange. You don't draw 2-100% checks. You get a SMC (Special Monthly Compensation). In my case it is something like $295 a month more than the normal 100% rate.

Don

Tamara,

I am rated at 170% schedular, using the VA's math system, but I am only paid at 100%. I do receive SMC as well, at the L1/2 rate.. so you can rceive additonal funds but they are essentially to provide aid and attendance. In my case I have a housecleaner, and a yard man... it pays for that easily. The idea is that you cannot do some of these tasks so money is et aside to help pay for it.... at least thats how I understand it. but.... they generally are for specific injuries etc. Loss of legs, sight things like that.

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