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allansc2005

Secondary Conditions?

Question

Got a veteran who just won P&T IU back in February 2017, and was at 80% scheduler prior to the award. The veteran had 2 C&P exams AFTER his IU award, and was awarded secondary conditions in four different areas as shown by the question(?) marks on the attached awards document.

 

The IU award money has already been paid out, and that part is settled. Vet has his ID card, PX/BX privileges....etc etc..so that's all done, veterans has no NOD about the award, and agrees with it.

 

As of this Friday, the veteran is now at 90%.

 

So, given the above, and the info on the attachment here, what does all these mean to the veteran beyond the IU? What can the veteran expect now in benefits?

Allan

2-2-0 HUAH!

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I had to use a magnifying glass to eyeball that 90% Award. Appears that his IU had to be based on a number of his SC's not just (1) or (2). I didn't see any ratings above 30%, so as it stands now I think an SMC S (1) "Statutory Housebound" Award is off the table.

If he meets the VA Criteria for an actual Housebound Award, he should request that either his PCP or Specialist complete a VA Housebound Application and submit it on his behalf. Either Housebound Award pays the same, about $342 added to his IU monthly Comp.

Semper Fi

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Gastone, he does have one condition at 40%.

Allan

2-2-0 HUAH!

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I agree with Gastone.  The 40 percent wont help with statuatory SMC S, becuase you stated "all" the disabilities were used in the award of TDIU.  This means none of these were "seperate and distinct".   All this said, it sounds like he meets the HOWELL criteria for SMC S, because he is not leaving the house "for work" if he is unemployed/unemployable:

Read this to see if he meets the Howell Criteria for SMC S:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

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bronco, considering the vet went from 80-90% AFTER his IU was awarded, is he due any retro? As you may be able to see from the award, the veteran was awarded 4 secondary conditions, one going back to 2010, are these secondary conditions worthy of a retro?

Allan

2-2-0 HUAH!

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Well, I dont calculate benefits based on ebenefits, as it is notoriously unreliable.   IF YOU ARE ALREADY at 100 percent, (TDIU), then an increase from 80 to 90 wont increase your compensation.  It may, however, result in retro on the effective date.  Example:

You are 80 percent effective July 2005.    You get tdiu effective March 2017.  

Then you get an increase to 90 percent effective July 2009.  You should get retro for the difference from July 09 to March 2017.  

 

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