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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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john999

Smc S

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I got a email for lawyers at the NLVSP and they say Bradley is settled law. There was an attempt by the VA to upset it in 2009, but it failed so if you are IU plus 60% go for it.

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John....In Bradley they state IU is the same as 100% disabled when deciding an SMC claim, do you know if the 60% is one disability that is rated at 60% or can it be a culmination of ratings that equal 60% or greater..For instance I have TDIU as a rating then I have a 70% plus about 6 20% ratings and 3 10% ratings....Are they saying that TDIU is in itself a rating or are they raising let's say the 70% rating to 100% TDIU so therefore the 70% cannot be used again in deciding a higher level of AA??

I got a email for lawyers at the NLVSP and they say Bradley is settled law. There was an attempt by the VA to upset it in 2009, but it failed so if you are IU plus 60% go for it.

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I would apply.

pr

John....In Bradley they state IU is the same as 100% disabled when deciding an SMC claim, do you know if the 60% is one disability that is rated at 60% or can it be a culmination of ratings that equal 60% or greater..For instance I have TDIU as a rating then I have a 70% plus about 6 20% ratings and 3 10% ratings....Are they saying that TDIU is in itself a rating or are they raising let's say the 70% rating to 100% TDIU so therefore the 70% cannot be used again in deciding a higher level of AA??

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This is attorney Ron Abram's testimony to H VAC on SMC and Bradley:

http://veterans.house.gov/hearings/Testimony.aspx?TID=59742&Newsid=442&Name=%20Ronald%20B.%20Abrams

100% SC or TDIU SC plus an independent service connected disability at 60 % equals SMC s award.

The key wording is 'independent'.

Personal example:

My husband was 100% SC for PTSD.

He had "independent" DMII, IHD, and as well as CVA found as due to his AO exposure.

The IHD alone requires 60% rating per the AO IHD regs.( The VA has never rated this FTCA disability but has to now under Nehmer and the new IHD regs ans resolve my CUE as to the lack of rating)

100% SC for PTSD plus 60% for SC IHD equals SMC "S" award.

I think he is eligible for "M" because the evidence indicates that at some point his IHD was 100% and it caused his death, and his CVA (SC) was 100%.

Three separate and independent SC awards at 100% with SMC S eligibility should garner the SMC M Award.

(that is a very unusual situation and maybe this will help someone else)

But my point here is that the regs say "independent " disabilities and as far as I know the additional independent disabilty for the "S" award must be rated at least at 60%.

Edited by Berta

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just to clarify-

3 independent 100% SC awards that satisfy the steps up to SMC "L" levels should garner the M award.

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