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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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TALON II FE

Not Rated Permanent, can I still qualify for SMC?

Question

...Or is this another way they would benefit from holding off on making me permanent, besides what my kids aren't getting in College? It seems like I should qualify but, since I reached 100% "naturally", I don't have a TDIU ruling either.  Here are my ratings, do you think they are shortchanging me?  I almost never leave my house, either, btw.  Thanks, SMC is very confusing to me.

70% post-traumatic stress disorder (also claimed as adjustment disorder)

50% obstructive sleep apnea   

50% sinusitis (claimed as chronic pansinusitis)

30% headache syndrome to include occipital neuralgia (claimed as migraine headaches and occipital nerve impingement)

20% carpal tunnel syndrome, right upper extremity to include lower radicular group and cubital tunnel syndrome post excision of arteriovenous malformation (also claimed as peripheral nerve injury shoulder, neuritis median nerve right arm)

20% status post cervical vertebral fusion C4-C6 to include myofascial pain syndrome (claimed as herniated disc (c5-c6) left, cervical spondylosis)  

10% degenerative arthritis of the spine to include lumbago, lumbar spondylosis and myofascial pain syndrome (claimed as lumbar bulging disc l4-l5)

10% left peroneal neuropathy (claimed as deep peroneal nerve atrophy)

10% varicose veins, right lower extremity (also claimed as venous reflux disease)

10% varicose veins, left lower extremity (also claimed as venous reflux disease)

10% seborrheic dermatitis 

0% radiculopathy, left upper extremity

0% carpal metacarpal arthritis, right hand (claimed as osteoarthritis right hand)  

0% vasomotor rhinitis (also claimed as nasal polyps)

0% lliotibial band friction syndrome, right thigh

0% ganglion cyst, left wrist (claimed as ganglion left/right wrist)

0% meralgia paresthetica, right lower extremity  

 

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I myself am not rated Permanent and total yet I am granted with SMC S I am 100% TDIU though.

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SMC S (1), Scheduler Housebound requirements state nothing in regards to a T & P or No Future Exam Scheduled.  The Requirement is (1) SC rated at 100% (by itself) and 1 or more additional SC's that have a Combined total of 60% SC.

In the case of an IU Rating, whichever  SC gets you the IU Rating (even if it's a 50 or 70%), becomes a 100% SC for SMC S (1) qualification purposes. Your other SC's not involved in the IU Rating must have a combined SC Rating of 60% using VA Math by themselves.

If you've never been rated IU and have a 100% Scheduler Rating based on a number of SC's, your not eligible for the SMC S (1). However, you can earn a Million $$ a year and keep your 100% SC Comp, unlike IU with the SGI Limit of $12,400.

If you qualify, you could request your PCP or specialist to complete a VA Housebound application, problem being you actually have to meet the Housebound Requirements.

Semper Fi

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You have all the ammo for a TDIU alone just in the 70% for bent brain. The rest is the gravy for the SMC S. File an 8940 requesting TDIU and peruse FAST letter 13-13 to make sure you don't step on your necktie. 

Having a "natural" 100% rating is not the same as a 100% schedular rating. VA wants to see you as unemployable if they are going to give you P&T. By rights, a TDIU determination based on the 70% alone is warranted but VA has never been a self-starter. Sometimes you have to take it up a notch. As long as you haven't been employed in the last 12 months or just have been in a sheltered family business that carries the water for you, you should qualify. 

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