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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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100% Question

Albert

Asked by Albert,

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Albert Newbie

Albert

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Posted

I am 100% Permanent.

I just had a C & P exam for Dental Issue secondary to Multiple Scloresis.

My Question is that even though I cant get any additional monetary amount for being 100%. Could I get a one time monetary Award if I am Given a percentage on the award that I went for the C & P Exam?

Thanks,
Albert Matt

Purple Heart

Southwest Asia Service Medal.

Armed Forces Expeditionaty Medal

100% SC

Civil Service Med Retired GS 9.

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Philip Rogers
Philip Rogers

No, not to my knowledge. Once you are 100%, the only way I know to receive any additional funds, would be thru Special Monthly Compensation. There is also around $600 a year if your service connected

Chuck75
Chuck75

In short the direct answer to your question is you cannot get a onetime monetary award. The longer answer would involve such things as an 1151 claim for malpractice, or a federal tort claims action.

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Philip Rogers Grand Master

Philip Rogers

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No, not to my knowledge. Once you are 100%, the only way I know to receive any additional funds, would be thru Special Monthly Compensation. There is also around $600 a year if your service connected disability(s) cause excessive wear or damage to your clothing. Others will probably chime in soon.

pr

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Chuck75 Grand Master

Chuck75

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Posted

I am 100% Permanent.

I just had a C & P exam for Dental Issue secondary to Multiple Scloresis.

My Question is that even though I cant get any additional monetary amount for being 100%. Could I get a one time monetary Award if I am Given a percentage on the award that I went for the C & P Exam?

Thanks,

Albert Matt

Purple Heart

Southwest Asia Service Medal.

Armed Forces Expeditionaty Medal

100% SC

Civil Service Med Retired GS 9.

In short the direct answer to your question is you cannot get a onetime monetary award.

The longer answer would involve such things as an 1151 claim for malpractice, or a federal tort claims action.

SMC is the main method of compensation used by the VA for payment beyond the 100% rate.

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Posted
Posted (edited)

I am 100% Permanent.

I just had a C & P exam for Dental Issue secondary to Multiple Scloresis.

My Question is that even though I cant get any additional monetary amount for being 100%. Could I get a one time monetary Award if I am Given a percentage on the award that I went for the C & P Exam?

Thanks,

Albert Matt

Purple Heart

Southwest Asia Service Medal.

Armed Forces Expeditionaty Medal

100% SC

Civil Service Med Retired GS 9.

The crazy one here

Yes, the answer to your question is yes.

After being rated 100% service connected a vet CAN receive a (one time) retro payment if he/she filed the claim prior to being awarded 100% or if the claim was deferred or on appeal. Either way the claim must have been claimed prior to the 100% rating and a retro payment is due.

Oftentimes VA will grant a veteran 100% and deffer some issues or a veteran would be granted 100% and have an appeal going on at the same time. Once the deffered issues/or the appeal is processed, if the date of claim is prior to the 100% rating and the new award is 10% or greater then the veteran is due a retro payment.

Hope this helps

Others may still chime in

P.S. Almost forgot about CUE claims, if a Cue claim is granted after a veteran is awarded 100% then the veteran is also due a retro payment.

Edited by pete992 (see edit history)
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Berta Grand Master

Berta

Posted
Posted

Welcome aboard Albert!

The Purple heart... are they paying you for muscular damage, as well as scarring?

How long ago did uyou get the 100%?

Has anything gotten worse since then that could eventually put you into the SMC S category?

The greatest CUE claim I ever read was from a PH vet, with GSW.

VA said the wound was "thorugh and through" bullet went right in and right out and didnt want to pay him for either scarring or muscular damage.

He fixed them. It is precendent VA case law.

But maybe they did rate you right. ...???

Myler V Derwinski I might have posted it on the pre 2005 board here and will find it.

It inspired me to be able to succeed in CUE claims.

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Berta Grand Master

Berta

Posted
Posted

Here it is in this thread:

More discussions on Myler V Derwinski here



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