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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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So when I get my neuropsych test done in April and I just had an MRI that my Va doctor said he thinks it is permanent now after ten years my residuals would that be enough evidence to show Permanent and total? And why isn't my TBI considered for SMC T the C&P Doctor said my cognitive impairment was a risk for all employers and it could be what's giving me frequent headaches but then my headaches were again continued at 0 even with the painkillers I'm prescribed and now a new drug from the VA ? I have gone to the ER primary doctor visits and a VA neurologist for my headaches. How is my SC for headaches still at   0?

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I think it depends on your current rating.

Residuals have to add up   from 10 %to a rating you need to meet the smc

For rating purposes 

if you re rated at 100% then this TBI rating is separate and you will need at least a 60% rating to meet the SMC S Ccriteria   which would be S  And not SMC t

 for for example If your rated at 40%  and later you were rated at 70% & for PTSD...This still is only a  81% rating  in VA Math that is a combined rating of 80%,.to get the SMC-S  you need a 100% rating or combined ratings to get you at the 100%

Ok now IF YOUR 100% you will need the separate TBI residuals rating at least to 60%   then you will meet the SMC S Criteria... & the SMC t criteria is even more difficult to meet

you should eiither NOD the 0% for headaches  or ask for increase..why you were rated at 0% IDK?  I would have NOD that decision

Check out Asknod.Org    Alex explains the SMC very well.

Edited by Buck52

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 JFrei is already rated at SMC (s). He wonders why he isn't at SMC (t). Here is the reason.

SMC (t) is the same amount as (r2) or $8,506.47/month (married). In order to qualify for SMC (t), a Vet must have a full-time caregiver who watches over him/her to protect them from injuring themselves or others. The caregiver can be a wife or significant other and have no true medical training. The extra money above SMC (o) is to offset the cost of the full-time caregiver. This is where it differs from (r2) which requires the regular supervision of a medically certified caregiver or the supervision of your wife/sig. other by the medically trained caregiver. VA will also pay to give your caregiver proper training if necessary. 

SMC T is never permanent. VA hates to award it and checks you out about once every year to determine if you are getting better. In most cases, it is awarded for two years and VA comes up with an excuse or a C&P that you have recovered sufficiently to be down rated. I had a case where the wife decided to go back to work on a part time basis-about 3 hrs a day. Bingo. No more SMC (t) because the Vet's care was now not "full-time". I read about another where the Vet decided to volunteer at a food bank two days a week. Bingo- VA said if he's able to work at all (volunteer or paid), then he isn't eligible for SMC (t) and they axed him. He gave up the food bank gig and is still fighting on appeal (two years now) to get the SMC (t) back. Rots a ruck. If you are hospitalized while on SMC (t), they revert your pay back to SMC (o) and do not resume it until you return home. 

SMC (t) is not what it seems when you get down to the brass tacks of how it operates. SMC (t) is also only available to those Veterans who served after 9/11/2001 which is terribly biased. What's the difference between a guy who gets blown up by a satchel charge or 60mm gook mortar in 1969 at Dong Ha? He still has TBI and would qualify if it had happened after 9/11. This creates two unequal classes of Veterans who suffer exactly the same set of maladies. We have the WWP to thank for this inequity. 

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Thank you so much you guys you have made the difference in my claim the speed of my claim has been lightening fast due to the help from Ted Ebert from the VA. my TBI did occur during that timeframe but as you said my wife who is my memory for everything works part time for now and hopefully my mind doesn't slip anymore but I do disagree with them saying my TBI is not permanent after 10 years along with my Primary VA doctor just need to get him to enter that in ebenefits and should be fine to for me to appeal that part of the award letter still haven't gotten it in the mail. 

 

xxxxxxx Gooks

Edited by jfrei

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