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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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ADodge

Hope I'm Not Jinxing myself and still with Questions

Question

So I hope I am not JINXING myself.  I have received notice from the DAV and also unofficially from ebenefits that a combined evaluation of S has been assigned as a result of the following actions:  and it goes on to list at least 10 different actions.  Some don't apply at this time and some just restate decisions that were already in place or made in the past. such as the rating of 60% for Asthma.  And the denial for COPD, restrictive lung disease, anxiety disorder and idiopathic hypersomnia.  It states the effective date which I feel is wrong but I wont NOD it since I currently have a NOD in for an effective date that goes back to 1984.  I also am not going to contest or appeal the COPD or restrictive lung disease decision for the same reason.  It's been hard enough just getting them to recognize the fact that the Asthma an in-service injury for Christ sake!!! 

Anyway I was given 70% !!!! for the PTSD (MST) which was very surprising!!!  And then Entitlement to individual unemployability.  And then there is this sentence that I don't understand which I hope someone can explain and answer what this benefit is.  I have read the official regulation regarding this benefit but needless to say it simply confused me even more because none of the regulations are written in plain and simple ENGLISH!!!  (And that really pisses me off  considering they were suppose to rewrite all these regulation so that they were in plain ENGLISH.  But that has not happened!  And for the ones that they think they have done that too!!!  Well I don't know who it is that is translating the complicated English to Plain English but who or whom ever it is, DOES NOT SPEAK OR KNOW EXACTLY WHAT PLAIN ENGLISH IS!!!)  

Sorry I had to say that.  Got distracted.  Anyway on with my question.  I don't under stand what the ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM Then there is a date.  

So if someone could explain that to me and I also was wondering if there is a site someplace where I could figure what the retroactive amount will be.  (I realize the VA will figure it out for me but I would like to double check what they are figuring)  Ya so I guess I don't trust them 100%   Does anybody else???

Thanks for the input and help.  Aileen

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I hear ya about the VA English.

The SMC-S  is usually given to the Veteran when he/she meets the Criteria for the Special Monthly Compensation.

With your case/claims  the % of the 70% PTSD MST and that %of disability qualifies you for the IU...if it keeps you from finding gainful employment, in this case it did , so the VA used what is known as Extra Schedular''  they use that to get the veteran &to the 100% who only has a rated under the 100% scheduled rating.

Then if the Veteran has other disabilities that are Service Connected and they happen to add up to 60% and over   its the VA Duty to Assist'' the Veteran making sure the veteran is rated correctly....with you when they gave you entitlement to the IU that equals to a 100%rating &You already had the 70%for PTDS MST that qualified you for the SMC-Rating...which is extra monthly pay and also helps your ratings if you ever get a Proposal ro reduce.

Now of course there are CFR's to justify all this, this is just my thoughts as how to explain it in ENGLISH.

Just food for thought   

if you have any disabilities that you feel is caused from your military service...COPD?  ABSOLUTELY File that claim or claims even if you were denied

 NOD...its better to be safe that sorry later on down the road  with all your claims..by not filing an NOD you take a big risk of not ever getting that particular claim Adjudicated.

If you were approved for some claims and some were denied NOD them. it don't matter how many NOD's you have. NOD will preserve your chances of getting that claim approved.

Its just a myth that having more than one NOD will make your claim last longer  they do the NOD as they come in or as they get them, each NOD is separate but they may decide on serverl NOD at one time.

this is what is called fighting for your VA Benefits.

This is just my lay opinion and not legal advice,  for that you need to hire an Accredited VA Attorney.

.........................Buck

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From what you wrote above, the 60% for asthma pre-existed the rating for the PTSD. When they granted bent brain for 70% and gave you TDIU at the 100% rating, that effectively gave you 100% (TDIU) added to the 60% from the asthma-i.e. what was needed to attain your SMC S rating. Currently, SMC S pays about $347 a month on top of the total disability rate of $2,904 /month for a single Vet ($3,068 if married). It should work out to $3,415 or so if you are married. As for the amount retroactively owed, every year they increase it several dollars a month. For a rough estimate, deduct $2/month ($24 a year) for every year before 2016 to the year they say you qualified for the SMC S. Example: 2016 SMC S would be $4,164. 2015 SMC S would be $4,140. 2013 SMC S would be $4,116 et cetera.

As for the other claims, always file a NOD. If you file and lose without appealing, you are implying you filed a false claim basically. Why else would you file for something if you did not feel you were entitled to it?  Never throw in the towel or VA will be back to chisel away at what you have already been granted. 

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I suppose my saying I won't NOD the denial of the previous COPD claim and other items is just from being so GD tired.  Maybe when my get up and go comes back I might.  But I just want to see the larger appeal settled and maybe enjoy life for a while. This Chemo is kicking my ass lately!!!  So that just might be why I feel like that.  I'm sure in a few months once I get more Iron built up and I have gotten use to this new Chemo I will regain that fight back.  Then it will be a different mind set.  

As far as it goes for the SMC S I didn't apply for that it seems to state I am being granted it, I think?  But I am not really sure why?  That is what I was asking.  What exactly is the criteria for getting SMC house bound with an S rating at 100%?    I am married so I do get the allowance for having a husband.  I also have a 20 year old daughter with a learning disability who I am hoping will try to go to Art School MAYBE this year???  I finally found her an advocate that can help her with her disability and help her get the services she needs.   

Sometimes it is NEVER ENDING!!!!

Aileen 

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I'd put in for permanent and total so your daughter can get Chapter 35 DEA benefits. VA could pay her schooling or up to $970/month for 45 months. Most states offer free tuition to Vets/dependents. 

I explained why you get SMC S. You have 70% for bent brain. They are treating it as total disability and paying you at the 100% rate. You have asthma and get 60% or more for it. The combo pays SMC S. If you get P&T before the daughter turns 25, she gets DEA. Your spouse has 12 years to use the same benefits ( 4 year college).

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Yes, you should apply for p and t.  By awarding smc s, they have essenitally admitted you are p and t, as this is the criteria you have met, according to va:

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,
(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or
(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime
end of regulation quote.  
 
How can the va say your not p and t, yet your disabilty is eexpected to last a lifetime?  I would argue that va has already said you are p and t, in any appeal.  
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