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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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hawkfire27

Smc Never Granted For Single 100% Sc Disabillity

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Hi I am just following up on a tpoic I posted in another part of the forum.

My husband has a 100% PTSD rating from 1988. He had initial 30% from 1978 onwards. He got 100% rating after VA CUE'd themselves and stated it should have an earlier effective date. This date was changed 2 times, so we have 3 award letter.

There is no mention on the award letter or the following payments schedule that let us know what payments to expect. I understand that SMC is an "inferred" issue when there is a single disability rated at 100% (no TDIU). So does any one know the procedure here. It he eligible for retro SMC????? If so how to I start the proces i.e. which forms evidence etc.

Any help would be great???

F Lynchard

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The criteria for SMC S in inclusive of a 100 percent disability and an additional disability or combination of disabilities that equal 60 percent.

It is called the 100 plus 60 rule.

J

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I believe both Housebound(HB) & A&A are paid at the "s"rate, which is currently $320 a month. I believe neither of those require that a claimant be rated an additional 60%, but are an inferred issue w/a 100% schedular rating and, more recently, could be w/a TDIU rating.

If a claimant feels he or she meets the criteria, for the SMC "s" rating, one merely needs to send a letter requesting an increase for SMC. If the issue of Housebound and/or A&A was not discussed, in the awarding of a 100% schedular rating, I would write the VA, a letter, advising them that I meet the criteria and request that since that issue remains open I be awarded SMC retroactive to my original 100% award date. Be prepared prove your claim.

Additionally, a claimant need not meet "all" the criteria, and whether a claimant's disability "kept them from going to work" is an additional criteria for HB, which could allow for the award.

pr

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Yes Philip is right-and many vets are housebound by virtue of their PTSD.That is a medical determination.You would need evidence of agoraphobia or severe social problems etc that is directly due to the PTSD.

What was date of his last PTSD award and the lack of SMC consideration?

If they dont infer SMC but the medical evidence warrants the inference and then determination -then they had committed a CUE.

This is the basis of my CUE claims I filed against them.

I had considerable evidence however that could warrant up to R-1 SMC.

I told them to keep the "S" award.

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A Veteran who has medical records that show they are agoraphobic should have the evidence they need to get an earlier effective date.

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