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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

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johnsoncm

Unique 100% question

Question

I'm trying to find out something that I have seen no info for on any VA or VA related website:
 
I am at a normally combined disability rating of 90%, however I am being paid at the 100% rate for TDIU P&T.
 
I was rated TDIU about 4 years ago and the award was permanent and total.  Since then, retirement has been difficult since I'm only 37.  I miss work.  That having been said, about a year ago I was diagnosed with osteoarthritis and last Friday I found I have a bulging disk in my lower back, both of which are ratable under VA disability - they are however not currently rated since I didn't put in a claim, why bother, right? I'm gettin paid at 100% and my care is all taken care of.
 
However, if I were to apply to service connect these as secondary to my existing service connected back injury - the only reason for the new stuff is the damage done to how I walk, move, etc from the old stuff - then I could possibly be rated from 90% combined to 100% combined anyway and retain the Permanent and Total aspect.  The difference is, if they drop the TDIU off of my rating, I might be able to get a job again and easy my financial worries and get something of my old self back in the process.
 
Is it worth it?  Can I even do that?  Or would the VA find some way to thwart me here and I end up losing the money I get and the benefits for my kids?
 
My biggest fears are:

The VA will find some reason to mess with me, somehow, someway.
I'll open myself up to more scrutiny and all of a sudden I'll be getting all kinds of people trying to figure out how they can save Uncle Sam a few pennies by taking my benefits and decreasing them.
And honestly, what happens if I do get a job and can't hack it? I was in the emergency room too many times from the last job I had and I am frankly a little worried by that.

Will my kids still get their coverage? Will they even drop the TDIU? Or will they try to accuse me of fraud or some crap and try to sue or fine or imprison me? That may sound paranoid, but I've read some horror stories on this and other sites......        
 

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I think the only way they would drop the TDIU is you get another rating for 100% then they may make you 100% plus the IU AND GET SMC-S.

I had TDIU P&T  For 13 years, I recently filed a PTSD Claim last year and was award a 70 %& PTSD Rating..and met the criteria For the statutory rating for the SMC -S  but they kept me TDIU P&T and I am now rated at 100%  but with the IU.

I will keep the IU Because  with this rating I am 7% whole  Which is good to have.

under 5% or 4.99% whole you go back to the combined rating or your not concider whole if I understand this right?  I don't know how to get in  the explanation of the 1-10 % Of what VA Calls being whole at certain %'s

Hadit Member Jbasser tried to explain it it to me 

Maybe he will see this post & chime in or elder members Ms berta  and Asknod

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So either way, I'd still be stuck with the IU?  I was hoping that if I put in a claim for the arthritis and the disk, and if they service connected them and that put me from 90% combined to 100% combined that they could drop the IU and maybe I could at least do something to make myself feel like I have a purpose beyond playing Suzie Homemaker all day.  If I can handle a job - big if at this point, I'll grant you that, I would like to at least TRY, just so long as doing it doesn't screw my family and lose them benefits, you know?

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Being at a 90% combined rating  you actually would need additional rating of 50% or more to be 100%  90% Plus 50% is a 95% rating  rounded off at 100%

If its 94.88 % then its still a 90% rating.

Edited by Buck52

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If you still want to work and get TDIU P&T 

I think you can but only allowed to work and earn so much, there was  a discussion about this last week  some say you can do that...I think you will get reduced once VA finds out your working!

just my opinion .....>However

 Check with  Hadit Members broncovet & Gastone on this question!

I am not 100% sure but I would not risk it it it was me. 

Edited by Buck52

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