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

[jdrocks]

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

[Vync]

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!

[Berta]

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.

[broncovet]

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.  

[Buck52]

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 May 23, 2018 by Buck52

[jdrocks]

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

[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 would indicate improvement in any of your currently SC'd conditions?

Is SMC S on the Table?