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  • 14 Questions about VA Disability Compensation Benefits Claims

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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sacknsue

Coexisting Respiratory Smc

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Vietman Veteran wife in need of information. My husband (the Vet) was hospitalized for Atrial Flutter and extremely Low Potassium........VAPCP phoned me and instructed me to take him to the nearest hospital to have potassium injected for fear of a stroke or heart attack. As instructed by his PC I took my husband to the nearest Er.....Two weeks later He had a hear rate over 148 minutes per minute and low blood pressure....This time he was admitted to the hospital with a heart condition called atrial flutter...When released He was placed on warfarin (blood thinner) and a pill to regulate his heart rate...he now has to take 27 pills daily, three oral albuterol breathing treatments, daily steriods and etc....the PCP informed us that alot of the new complications were caused from his medications used for breathing. My husband is serviced connected for asthma. bronchitis, and COPD....(The bronchitis and COPD was awarded last year, each qualified at 100% becasue of his Pulmonary test) According to the schedule of ratings a pulmonary function below 40 perecent function qualifies for a rating of 100% with oxygen dependence...He has been oxygen dependence for five years and had a 100% single rating for asthma. Now please tell me if he has three single 100 ratings for each disease BUT rule 4.96 states these conditions cannot be combined to form a 100% rating.....Should the Rater have given him a single rating of 100% with the most predominant disbility because it states they cannot be combined. He also has a service connected rating of 50% for depression.....I recently filed for SMC and was told that he did not have a single rating because his other respiratory conditions had been include in his 100 percent rating.....Question: Is this one of those cue rating and should I filed a NOD? Please help.

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I also have a 100 percent rating for the lungs. There will be only 1 lung rating since pyramiding is not allowed. (same bodily segement)

The reason he does not have a SMC of S is because of the 50 percent rating. It has to be a single or combination of ratings separate from the 100 percent rating that equals 60 percent.

Hope this helps.

J

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"the PCP informed us that alot of the new complications were caused from his medications used for breathing. My husband is serviced connected for asthma. bronchitis, and COPD....(The bronchitis and COPD wa" etc

Did the PCP document that in his med recs?

He should file a claim for these conditions as secondary and/or due to aggravation of NSC condition by meds used for SC conditions.

We have info here under a search as to"aggravation" claims.

."I recently filed for SMC and was told that he did not have a single rating because his other respiratory conditions had been include in his 100 percent rating.....Question: Is this one of those cue rating and should I filed a NOD? Please help."

It seems to me he could be eligible for either the Housebound or A & A benefit.

SMC is an inferred issue whenever the medical evidence warrants it.

What did the VA say as to why they did not award SMC HB or A & A?

Did they send him a VCAA letter for the SMC claim?

It is possibly they committed a CUE here within the appellate process.Hard to know yet- did he specifically claim SMC "S" or SMC in general.

I don't know how they would rate the heart disease and will try to find something as to how they could rate that.

Does he receive SSA disability benefits?

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