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

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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



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  • Content Curator/HadIt.com Elder

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.


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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.

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  • Moderator

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.  

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  • HadIt.com Elder

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!!!

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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. 



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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?

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