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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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

Mike Ramsey

Is there a need to claim new disabilities after being rated 100% P&T?

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I am rated 100% P&T, do I need to file for a new disability not previously claimed?

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In my opinion yes.

Basically 3 reasons why.

if you have 100% S.C. Disability  and later on you come up with another S.C. Disability and you file.

Reason#1 you can get a SMC Rating if that disability meets the SMC Criteria and there's several levels of SMC...All the way up to 8.400.00 bucks monthly.(DEPENDING ON THE SEVERITY OF S.C.  DISABILITIES)

Reason #2  if you ever get a'' proposal to reduce''  it makes it hard on the VA to reduce you below the 100%rating (other than VA Prove fraud on the veteran part.)

Reason #3 your spouse can get DIC Benefits under 1151 in case you die from your S.C. Disability/Disabilities.

There's probably other reasons  but these is just from my opinion.

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

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Buck,

Thanks very much. It's hard for me to think logically most days and your response was just the ticket.

 

Mike 

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your welcome Mike

Anytime you come down with a disability that you feel is from  your military days...file on it  it don't matter what your current rating is.  the thing is you earned all your benefits by serving your.our country,

and the percentages can add up quick.

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While I would agree with Buck, to a point, it will depend on your situation.  

If you already have SMC S  "statuatory, or 100 plus 60", AND if you have been 100% for 10 years or more, then its probably not necessary.  Here is why:

1.  If you have been 100% disabled for 10 years, then your widow should get DIC regardless of whether your death is service connected or not.  

2.  If you already have SMC S, then another rating wont boost your pay.  

3.  Even if you dont have SMC S, you can calcualte the potential for your disabilities and see if it would help you.  An example of this would be if you applied for tinitus, and you were 100% and no more.  Well, tinitus maxes at 10% so, even if successful, a tinnitus rating alone wont get you to SMC S.  

4.  As far as piling on more ratings to prevent a reduction, this also is unnecessary if you are at 100% for at least 5 years and are not working.  Reason:  To reduce you once P and T, or over 5 years, VA has to show "Actual Improvement under ordinary conditions of life".  

In other words, if you have SMC S, or can not get it, dont bother, as it wont help you, with exceptions above.  

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