Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Should I pursue a non-service connected rating if I am already rated 100% Total and Permanent ?

Rate this question

jdrocks

Asked by jdrocks,

 Share

Question

jdrocks Newbie

jdrocks

Posted
Posted

I am currently rated at 100% total and permanent. I have a back claim that was rated as non-service connected. I am curious if i could pursue this to get it service connected? I am sure it was injured on active duty.  Yet since i am 100% total and permanent is there any reason to pursue. I am only worried that if some day the VA says oh sorry we miss rated this issue and i am no longer 100%.

 

Thank you

 

Jim

Link to comment
Share on other sites
  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

Gastone
Gastone

JD, how long have you been 100% T & P? Are we taking 100% CSC or IU? Risk Vs Reward, what do you believe the back Rating is Worth, Comp % wise? Is there any Evidence in your VMC Med Recs that

Richard1954
Richard1954

Well I can only tell you that I pursue  any and all issues that I feel should be service connected.  Factually,   I was rated TDIU in 1999. But since then  I was  rated 100% in 2007 and  more recently

12 answers to this question

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder
Vync Grand Master

Vync

Posted
  • Content Curator/HadIt.com Elder
Posted

Welcome to Hadit!

You'll need to show the usual three things:

1. Event/injury while on active duty OR have another SC condition for which this could be secondary
2. Current diagnosis
3. Medical opinion connecting #1 and #2

Some folks like to pursue everything they can get. Because you are 100% P&T already, getting additional percentage can help if you are looking to qualify for SMC-S.

Many of us worry about the VA reducing ratings if they file new claims. Personally, I never had that problem. The only one where the VA brought be back in was for a temporary asthma rating. They "expected me to improve", so I had a follow up C&P a year later. The VARO ignored my evidence and reduced me anyway. However, I appealed and they fixed it. There are other topics here which go more in depth for this type of concern.

Good luck!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites
  • 0
Berta

Berta

Posted
Posted

I agree- and if it is a NSC that could eventually cause or contribute to your death, it is worth your while to claim it now, in addition to the possible SMC potential.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites
  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

Im pretty much in the same position.  Im 100 percent P and T (no smc s), and have had arthritis "not service connected" even tho I fractured that knee in service.  

I have concluded its:

1.  Highly unlikely I should die from arthritis or other knee conditions.  And, since I have been SC more than 10 years, my cause of death wont matter to my spouse, for DIC.   

2.  SMC S is somewhat "moot" in relevance to knee issues because I feel I already qualify under Howell, as Im "unable to leave the home to earn a living" as I am TDIU according to VA.  So, I should qualify under my existing disabilities for SMC S, and, even if I was awarded smc s by gettin an additional 60 percent for arthritis, I would wind up appealing the effective date anyway.  So, I have concluded, in my case:

IT wont make any difference to me.  

      As far as a reduction because I have "actually improved under ordinary conditions of life", I see the chances of that happening are less than winning the lottery.  

      So, for me, when I get the appeals done which are in progress now, Im done.  16 years fighting for VA benefits is long enough.  I dont have much to gain by going for more.  Your situation is probably different.  

Link to comment
Share on other sites
  • 0
  • HadIt.com Elder
Buck52 Grand Master

Buck52

Posted
  • HadIt.com Elder
Posted (edited)

broncovet  you better think long and hard on this...later on if you have knee replacement   the surgery is pretty hard after the 1st 2 or 3 days  from what I have heard...the main concern is the pain medications and   from other ongoing meds from what they can cause like blood clots  ect,,ect,, a sudden blood clot can kill you instantly.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites
  • 0
jdrocks Newbie

jdrocks

Posted
  • Author
Posted

Thank you all for the responses. I think the issue I have is on one xray the doctor said the finding could be developmental. So i think the VA looked at that as a congenital defect. I do have other Xrays and MRI that use the term disc degeneration and no mention of a developmental condition. I worry about possibly needing back surgery to correct it and having to pay out of pock that could be expensive. 

 

Again thanks for your guy's input. 

 

Jim

Link to comment
Share on other sites
  • 0
Gastone Grand Master

Gastone

Posted
Posted

JD, how long have you been 100% T & P? Are we taking 100% CSC or IU?

Risk Vs Reward, what do you believe the back Rating is Worth, Comp % wise? Is there any Evidence in your VMC Med Recs that would indicate improvement in any of your currently SC'd conditions?

Is SMC S on the Table?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept