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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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Mr cue

Well 15 yrs away from the va when i won the cue now i find they play me

Question

Well guy my name was James I believe thn. With the help of had it I won my court case effective 1993. Va left my appeal open back than.

Well little did I no about smc benfits. Well I was granted iu and 60% effective 1993.

Well va put a 20%rating effective 1993 2001 60%. Well I got pay 100% effective 1993.

Now that I look at it they put a 20% rating to stop my smc s pay. 100% plus 60. Its a cue again smh

Court statement my appeal had been open since 1993 when I was granted the 60 and iu it was effective 1993. Were did the 20%1993 2001 come from lol

 

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9 hours ago, Mr cue said:

Va left my appeal open back than.

Im not getting this.  Did you get a decision which "deferred" some issues that were never adjuticated?  Normally, an appeal is not just "left open" since 1993. 

Also,  you posted:

9 hours ago, Mr cue said:

Well va put a 20%rating effective 1993 2001 60%. Well I got pay 100% effective 1993.

Now that I look at it they put a 20% rating to stop my smc s pay. 100% plus 60. Its a cue again

The statuatory SMC S regulation, (100 plus 60) requires that they be "seperate and distint", and I dont know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldnt be eligible for Statuatory SMC S, because your PTSD and TDIU are not "seperate and distinct", in fact they would be the same.  

Also, Bradley VS Peake was not here in 1993, so that would not be CUE in 1993.  Prior to Bradley, TDIU did not qualify you for SMC, it had to be a single 100 percent schedular rating.  

It would take some reading to find out "where the 20 percent" came from and I dont have your cfile.  Unless this 20 percent is a reduction from something else, an additional 20 percent rating should not adversely affect your eligibility to SMC S.  

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I agree with broncovet on this

''The statutory SMC S regulation, (100 plus 60) requires that they be "separate and distinct", and I don't know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldn't be eligible for Statutory SMC S, because your PTSD and TDIU are not "separate and distinct", in fact they would be the same.'' 

Now with a 100% rating and other ratings that are combined up to 60% they will use the combined ratings for the SMC if you meet the SMC Criteria.

My Example

I was 90% combined rating an was granted TDIU /P&T for my original S.C. Disability.

 at 90% TDIU P&T Being paid at the 100% rate.

ok later through the years I filled for PTSD & Was rated 70% for chronic combat PTSD

This change in my rating to a 100% final degree, & they granted me the SMC S H.B. 

because of the separate and distinct PTSD Rating.

As broncovet pointed out , its a Statutory rating and the rater is obligated to grant the SMC According to the SMC Special Rating Table.

I never filed for the SMC-SH.B.

The only SMC Grant that is not given a %rating for a s,c, disability ( that I know of anyway) but is granted Service Connection is for a E.D. Claims for est of $105 16 per month  when you get that its an SMC K Award to be paid in addition to any other S.C. Disabilities that the veteran may have.

Although a veteran can have loss of use of body organs  its rated different that the E.D. which would probably fall under the total combined ratings category. 

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7 hours ago, broncovet said:

Im not getting this.  Did you get a decision which "deferred" some issues that were never adjuticated?  Normally, an appeal is not just "left open" since 1993. 

Also,  you posted:

The statuatory SMC S regulation, (100 plus 60) requires that they be "seperate and distint", and I dont know if that applies to you or not.  For example, if you are 60 percent PTSD and TDIU, and your decision states that your TDIU is because of your PTSD, you probably wouldnt be eligible for Statuatory SMC S, because your PTSD and TDIU are not "seperate and distinct", in fact they would be the same.  

Also, Bradley VS Peake was not here in 1993, so that would not be CUE in 1993.  Prior to Bradley, TDIU did not qualify you for SMC, it had to be a single 100 percent schedular rating.  

It would take some reading to find out "where the 20 percent" came from and I dont have your cfile.  Unless this 20 percent is a reduction from something else, an additional 20 percent rating should not adversely affect your eligibility to SMC S.  

 

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Yea I did I is under hester vs shiski an yes thy left my appeal open would have never no if no for me filing a cue.

But if I look thy stage rates me. So that I couldn't get smc s but I was never look at when I be came 100% 60 2001.

Seem like a cue claim to me

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