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I am currently 100% p&t for more than 5 years. I am also rated at 10%knee, 10%back 10%foot and 30% for migraines, but I meet the criteria for 50%. If I apply for an increase would I be putting my 100% p&t in jeopardy?
I asked a similar question to the DAV SO that I trust. His recommendation was "you're at 100% P&T, don't submit anything to have the VA review what they've already awarded."
If there's a compelling reason, smart guys will add their two cents
Well, 100%P&T plus 60% can make a veteran entitled to SMC. Is that a compelling reason?
Chuck that is the reason. I am currently very close to SMC S, but according to va math 30+10+10+10 doesn't equal 60. The additional $400 a month would really help out, and like I said, I currently meet the criteria for 50% migraines which would qualify me for SMC S.
I shouldn't have to worry about the VA taking away what I have, but we all know they cannot be trusted.
If you have another disability that is not secondary to the one you were rated for & it has not improved, I see no reason why they would mess with your current disability...a lot of other contentions can pop up at any given time...look at AO for the Vietnam Veterans some times it can take years for AO related disability's to show up..
you served you deserve
if you get increase to 50%migraines request the SMC's
so if it was me I'd ask for an increase and request the SMC.
This is what I am going to do with a PTSD CLAIM.
Since I got P&T in 2002 I have filed at least 7 claims for other AO conditions and a couple of CUE,s. Since the VA is still years behind on just doing first time claims for much younger and more recent vets I am not too worried about them reducing me just because I file for an increase. If you have been 100% for five years and are 55 or older I don't think they will mess with you unless you give them good reason. However, it is always good to be prepared. If you have good evidence for the 30% to 50% increase I would fly with it. VSO's always tell you not to risk what you have and this can be good advice, or it can be really bad advice. If there is money to be gained by filing they I say file. If you are just adding another 10% to your rating then I would not do it. I did file for an increase in my DMII rating when I started taking oral meds for it. I would file for things that could be fatal or make money. I would file for any cancer that is AO related. I am waiting for them to make skin cancer presumptive. I am pretty light skinned and my forearms took a beating from tropical sunlight. Now I see the damage on my face, ears, and arms where I get some pre-cancerous lesions.
When I filed for my CUE to get a much EED the VA did bring up exams I had in the late 1980's that challenged my service connection, but it was all bluff since I had been SC'ed for 15 years by then. The VA can get down and dirty and really show that they are jerks who care nothing about vets. If I have a good claim I will go forward with it. The best defense is a good offense with these guys. Look at Berta. She has raked them over the coals so often I think they are taking up a collection to send her to China as our secret weapon.
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