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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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  • 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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Federal circuit delivers "blow" to adding ratings.


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11 hours ago, broncovet said:

If I get where you are coming from, seminoles, then the above case would be irrelevant TO YOU.  Please dont hold me "to" this, its just my interpretation and Im not a lawyer, but the issue of whether or not "you" are eligible for SMC S depends on "which" of your disabilities to which you were rated unemployable.  If "all" of them were used to render you unemployable, then my guess is you are "not" eligible for statuatory SMC S.  

However, my interpretation of Howell means you "are" eligible for SMC S because (if you are tdiu), then you are not leaving the home "for work" and thus you meet the "howell Criteria".  

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

For YOU, the Howell criteria for SMC S is summed up in this sentence:

You probably will need an attorney to get this, the VA is not handing out "Howell criteria" SMC S like candy at a parade.  

Is this retroactive? Are Veterans going to lose benefits?

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5 hours ago, Blueboy said:

Is this retroactive? Are Veterans going to lose benefits?

I doubt it will be retroactive, but I am not a lawyer...

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Blue, what SC's were listed as causing your IU in your IU Award Letter? If you don't have additional SC's, not included in your IU that total 60% using the VA Combined Rating Calculations, you don't qualify for Statutory SMC S (1) House-Bound.

However, if you are actually House-Bound, request that your VMC Treating Clinician submit a traditional House-Bound Application on your behalf. Be sure to get a copy of it.

Use your MHV Secure Message to make the request of your Treating Clinician (PCP or Specialist). Just be sure that whoever fills out the HB App doesn't believe there is a "Competency Issue" that needs to be addressed. The last thing you want is a VA Fiduciary Appointment unless you really need one.

Semper Fi

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Don't be cornfused!!!!  IU PT is NOT rated at 100%, it is PAID at 100% rate.  A 70% rating paid at the 100% rate for TDIU is not the same as being rated at 100%m your rating is still 70%.  SMC-S had been as far as I know you must have a scheduler rating on one condition rated at 100% all by itself, not combined.  And then other conditions with a COMBINED rating of 60%.  Then the housebound SMC-S is awarded.  I have 100% rating for larynx cancer AO, the a combined rating of 100% also for PTSD-70%, TBI - 70%, Skull Loss - 50%, Scar-10%, Tinnitus- 10%.  I receive SMC-S and have been for nearly 10 years now.

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