File Secondary Best?

[Hardtyme]

I am currently 70% 100% IU and have had renal failure for 4-5 years according to VA lab results but they've only told me recently that i had a problem.  In reviewing myhealthvet I see that I am at stage 3 failure.  I have had hypertension sc'd for over 30 years but with CPAP usage the high bp was eliminated.  If I claim sc for renal failure, will that jeprodize my IU or reopen my entire file for reexam?  All of my sc are well over 20 years old.  I did have toxic hepatitis in '87 due to the VA medicating me without proper followup and was within a few days of liver failure but after ceasation of the offending medication the liver returned to normal.  I did file to be sc on the liver but was denied.  Im wondering if that episode of liver failure coupled with hypertension caused renal failure?  If I file as secondary on the renal would that be the best way to go?

Edited April 2, 2018 by Hardtyme

[broncovet]

No.  With you over 20 years, the VA cant reduce you except for fraud.  You have no worries about reductions.  

However, you "may" not have a lot to gain, either, except for:

1.  SMC...and this can be a big deal and result in an increase in payments to you.  

2.  Its possible that your widow "could" benefit if you become SC for renal failure, but that is even doubtful, because if you have been married at least 10 years, she should get DIC no matter your cause of death.  

    I have no idea what your SMC level(s) are now.  Are you getting A and A (SMC L) or housebound (SMC S)?

    There is a fair chance your compensation will increase (because of a higher level of SMC) if you apply and win benefits.  

    Go ahead and apply for both primary and secondary.  You have nothing to lose, and let the VA sort it out which you deserve.  Dont limit your application..apply for both secondary and primary.  

[Hardtyme]

My IU is 100% and I am questioning whether the IU will be eliminated although the rating that awarded this says, "No further exams."  I'm not A&A.  My real problem is is if Congress addresses the veterans that are on IU and eliminates IU for everyone.  I like most vets would not appreciate a compensation decrease.

[Buck52]

Hardtyme

if you are 70% S.C. and you were awarded TDIU &  with no future exams scheduled because your condition is not expected to improve in your lifetime, because you were unable to work, this rating will stay with you until you die, they can't reduce this rating if you have 20 years in...and its considered a 100% Rating, although they state you have a final S.C. Rating of 70% but your getting paid at the 100% rate for IU.

Any more S.C. Conditions you may file on in the future and you're certainly entitled to do just that IF you think it was military related or secondary condition related to a  Pre-S.C. Rating.

 Being you are on TDIU , in the future they have to take each Separate S.C. Condition you  get S.C. for and a rating% Into consideration. 

Depending on those combined ratings %? if they add up to a 90% ratings or if you get a seperate S.C. Rating of 90% Those ratings would equal a 100% rating

This is hard to do at 70% but they do take into consideration your TDIU  However they take your 70% S.C. Rating and add what other separate ratings you get in the future  and they will need to be fairly high ratings  to meet the SMC 's Criteria...70% and another 90% separate rating or combined  ratings to be 100%

   So at 70% you have now and another  90% rating  would be 97% rounded out to the 100%,  no matter how you get the 90% it can be one S.C. CONDITION AT 90% or a combined of ratings to equal 90% to be 100%

They do it this way in my opinion to make it hard for the Veteran to reach the 100% level...now if you reached the 100% level  then you need an additional 60% S.C. Rating to meet the SMC Criteria.

it does and can get more complicated...you can be 40 % and still reach the SMC level and meet the criteria for SMC but only under special circumstances, depending on the severity of the disability.

So if you meet this criteria 

  They have a obligation to look at the SMC Special payment chart table to see if your  other seperate S.C. Ratings meet the criteria for the SMC's  this is a Mandatory Obligation . 

Depending on the S.C. Conditions and the severity of the disability as to what the criteria rating is for the Scheduled letter on the SMC's Special rating table chart.

Usually they will infer the SMC S 1. H.B.  or SMC K for  loss of use of a body organ function. or SMC K for E.D.

Edited April 2, 2018 by Buck52

[Hardtyme]

13 hours ago, Buck52 said:

this rating will stay with you until you die, they can't reduce this rating if you have 20 years in...and its considered a 100% Rating, although they state you have a final S.C. Rating of 70% but your getting paid at the 100% rate for IU. 

Buck, what did you mean by "If I have 20 years in?"  I do have 20 years of the disability as well as 20 years AD in the military.  Are you referring to having the disability for 20 years?  I have that but I haven't had the IU for 20 years.  Can you clear this up for me please?

   

[Buck52]

OIC

I meant if you have 20 years in from the date you was awarded your IU disability!(I believe AD service time counts)

If you file another disability claim and it gets S.C. &  RATING PERCENT GIVEN

IF THAT DISABILITY IS 60% OR GREATER  YOU SHOULD BE REFERRED TO THE SMC S H.B. ANOTHER 347.00 MONTH ADDED TO YOUR COMPENSATION BUT THAT DISABILITY FOR THE 20 YEARS PROTECTION RULE STARTS WHEN YOU WIN THAT CLAIM.

There are debates on a S.C. Disability that is secondary to an already S.C. Disability on the 20 year rule because when a Veteran is rated for a secondary disability caused from an pre service connected disability  that disability is actually part of the existing S.C. Disability,  but then again they will go by the date that claim was submitted.  (for the 20 year protection rule)

[Berta]

Hardtyme- have you considered you might be eligible for CRDP?

 https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html