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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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USMC EOD

Do I have a chance at R1 or R2?

Question

I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available.

My question is this, Do I qualify for the SMC R?

At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialist through Tri-Care. Does this show cause to file for SMC R1?

After reading these posts I am also sick over my having followed the advice of my VSO on not filing a NOD for conditions I was treated for while on AD.

Please advise, your assistance is greatly appreciated.

Semper Fi!

70%=

PTSD

50%=

Sleep Apnea

40%=

Lumbar Spine

20%=

Hematochezia

20%=

Right ankle arthritis

20%=

Cervical spondylosis

20%=

Radiculopathy, right upper extremity

10%=

Tinnitus

10%=

Radiculopathy

10%=

Left wrist tenosynovitis

10%=

Left ankle arthritis, status post fracture

10%=

Right elbow olecranon bursitis

10%=

Deviated septum, traumatic

10%=

Painful scar of right axilla

0%=

Right hand DeQuervain's tenosynovitis

0%=

Erectile Dysfunction

 

Not Service Connected=

Renal cyst

Not Service Connected=

Right knee patellofemoral syndrome

Not Service Connected=

Hypermetropia

Not Service Connected=

Migraine headaches

Not Service Connected=

Left shoulder acromioclavicular

Not Service Connected=

Left knee condition

Not Service Connected=

Right wrist condition

Not Service Connected=

Epididymal cyst/spermatocele

Not Service Connected=

Right shoulder rotator cuff impingement

Not Service Connected=

Bilateral hearing loss

Not Service Connected=

Bilateral cubital tunnel syndrome

Not Service Connected=

Traumatic brain injury

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The very first prerequisite for R-1 is to obtain a "O" rating. Read CFR 3.350 - 3.352 for eligibility rules.

You don't mention anything about SMC "S" that you should qualify for, and you might qualify for regular A&A, depending upon your individual circumstances.

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I think you might qualify for "L", (might) only because of this BVA decision that makes it clear that "L" can be awarded even if the 100% disability is not for one specific disability:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files3/1624771.txt

But it pays to read the SMC info carefully here and even in BVA decisions because it can be confusing.

 

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10 hours ago, USMC EOD said:

I definitely do not qualify for "S", but after further review, I think I qualify for "L".

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

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32 minutes ago, THOMAS89031 said:

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

 Hold on here Hoss

How long ago was this? I mean if they are suppose to give the SMC -When I veteran gets P&T  And usually the only way to get P&T IS TO BE RATED 100% or TDIU.

I have been rated TDIU P&T the last 13 1/2 Years concurrently and never was awarded the SMC-S???during this time

I get it now only b/cLast year I filed a PTSD Claim and got 70% on top of my TDIU P&T And that's a mandatory rating  b/c the criteria was met for the SMC-S

When or where do the CRF'S Mention a veteran gets P&T  Then he should also qualify for SMC?

I need to know this  hell I might ask them hey where is my SMC BACK PAY THE LAST 13/1/2 YEARS.

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