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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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Does this qualify me for SMC T

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of dizziness and lightheadedness, residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving
with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes) a single disability upon which a total individual unemployability rating is based and additional service-connected disabilities of tinnitus, scar tracheostomy due to ventilator dependence, left shoulder impingement syndrome with supraspinatus tendinitis (claimed as dislocation of left shoulder with popping), right foot strain (claimed as right foot contusion), independently ratable at 60 percent or more from 11/11/2016???

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In 2008, the VA did an overhaul of the rating system for TBI, and added a new section to the VA regulations – 38 C.F.R § 3.310. Under the new rating schedule, veterans can be compensated for TBI in the following categories:

1. Emotional/Behavioral residuals

2. Physical (neurological) dysfunction

3. Subjective symptoms

4. Cognitive impairment residuals

Under this recent over haul of the rating system for TBI, the VA also recognized that the costs associated with TBI-related care can be astronomical. The VA established a Special Monthly Compensation benefit specifically for TBI cases (SMC t), under 38 U.S.C.S. § 1114 (t). This benefit pays at the highest possible level of Special Monthly Compensation (SMC R-2), but without stringent requirements of the SMC R-2 benefit.

In order to be eligible for this type of special monthly compensation, the veteran must be able to prove that, due to TBI residuals:

The veteran is in need of aid and attendance

The veteran would require hospitalization, nursing home care, or other residential institutional care in the absence of regular in-home aid and attendance.

The veteran does not otherwise qualify for a higher level of Aid & Attendance under 38 U.S.C.S. § 1114 (R-2).

Sorce : Hill & Ponton Attorney's

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The answer is no. The decision states:

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i).

38 cfr 3.350(i) states:

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 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.

Ergo, you are awarded SMC (s). Merry Christmas.

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NOD, is Ergo near Ergon or Argon?

Semper Fi

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er·go
ˈərɡō,ˈerɡō/
adverb
 
  1. therefore.
    "she was the sole beneficiary of the will, ergo the prime suspect"

 

I use it a lot in legal briefs. DROs don't know what it means. They have to look it up. Nobody takes Latin as a language course anymore. 

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