Granted %100 But Not P & T

[Chuck75]

When you consider the claims totals, ignoring the 70%, and realize that they can be enough to justify TDIU, things get interesting, simply because the 70% + TDIU can be argued that SMC is applicable under the most favorable to veteran rules. A lawyer would likely be needed.

[cragwex]

Thanks Guys, ASKNOD I was scheduled 100% in April of 2014 and my letter said that I was scheduled for an exam for three of my disabilities; The three are MECHANICAL LOW BACK STRAIN AND DEGENERATIVE JOINT DISEASE, THORACIC SPINE WITH INTERVERTEBRAL DISC SYNDROME Service Connected, Gulf War, Incurred; Future Exam July 2018 10% from 01/01/2008, 20% from 04/04/2014. INSTABILITY, LEFT KNEE Service Connected, Peacetime, Future Exam July 2018 30% from 04/04/2014. INSTABILITY, RIGHT KNEE Service Connected, Peacetime, Incurred Future Exam July 2018 20% from 04/04/2014. I am scheduled for left knee replacement this summer but min rating after that is 30%. I will get together all my ratings and reply in a bit.

[cragwex]

Marine 0816, My disabilities are as follows; Bi-lateral rated Instability left knee 30% Bi-lateral rated Instability right knee 20% Mechanical low back strain and degenerative joint disease, thoracic spine with intervertebral disc syndrome. 20% Sleep apnea 50% Bi-lateral rated radiculopathy, right lower extremity associated with mechanical low back strain and degenerative joint disease, thoracic spine with intervertebral disc syndrome 20% Bi-lateral rated radiculopathy, left lower extremity associated with mechanical low back strain and djd, thoracic spine with intervertebral disc syndrome. 10%, Bi-lateral rated right knee musculoskeletal strain 10% Bi-lateral rated degenerative joint disease, left knee, with history of internal derangement 10% B-lateral rated history of left shoulder dislocations 10% Degenerative disc disease, C4-7 with disc herniation at C3-4 service connected, gulf war, incurred 10% Bi-lateral rated DJD right ankle with scar previously rated as right ankle lateral instability claimed as sprains, bone spurs and djd 10% Tinnitus 10%, Major Depression 10%

[Buck52]

I think if the VA rate a veteran 100% with non-improving disabilitys they should go ahead and rate the P&T with no future exams...but I suppose they want the veteran to work or beg for the P&T after knowing his his disability's will not improve.

jmo

Buck!

[georgiapapa]

Buck,

Perhaps the VA wants to wait a few years until most veteran's children are older than 26 and no longer eligible for the chapter 35 educational benefits. Also, children of P & T vets lose their Champva coverage at 18 for non students and 23 as a student. Note: A bill has been introduced to change the maximum age to 26 for children. Regardless, the VA saves a lot of money by not granting P & T status until after a veteran's children reach the age of 26 or older because the VA would only have to pay benefits for the veteran's spouse. Just a thought.

GP

[FormerMember]

Well, Cragwex, what you have is a compendium of ratings that VA combines to give you 100%. Here's the formula as you post it: First the duelies 10% + 10% bilaterally is 22% and 30 + 20 is 44%. Combine those two for 66% and begin with 4.25:

66% + 50% (83) + 20 (86) + 20 (89) + 10 (90) + 10 (91)+ 10 (92) + 10 (3) + 10 (94) + 10 = 95% which rounds up to 100% . Most, but not all ratings schedules, go from 0 to 100% . Some top out at 30 or 60%. My hepatitis is one that goes to 100% and I am rated such. This is called a 100% schedular rating ( a stand alone). The sum of your injuries makes you incapable of work but there is the possibility in the future that one of your diseases/injuries will increase in severity to the 100% schedular level assuming arguendo that the rating table goes to 100%. By the same token, there is the possibility that one of your injuries will improve in VA's eyes. Therefore you are not substantially protected against a decrease in the future.

This is also where you enter SMC land for increased ratings. If you are substantially housebound, you'll get the SMC S for an extra $347 a month. If you have ED or some of the other diseases/ injuries that qualify for SMC K, you can pick up some extra $ there. You can have three SMC Ks at one time legally (even with less than a 100% rating) unless or until you exceed the dollar value of SMC L. At that point they give you the L. ($3617. 10)

VA has a storied history of taking back that which they give you. Be prepared for that until you hit the 20 year protection clause. I had a guy that got hauled in at 19 years and 3 months that got whacked back down but they substituted TDIU instead of the 100% schedular. His compensation check remained the same but he had to start all over on the 10 year clock for Dependents Indemnity Compensation (DIC) for his wife in the event of his demise. VA can be very devious in what appears to be a neutral transaction. Be careful.

Edited February 26, 2015 by asknod