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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Nvet

SMCs for TDIU rating 3 yrs ago

Question

Hello,

I received a TDIU rating for Depression in 2015. In addition, I had 40% for my back, 30% Migraines, and 10% allergies. I was not considered for SMCs. Any advice on how to proceed to get SMCs and back pay? Thanks

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True  I agree

but on here ON THIS BOARD the Veteran don't always put his VA narrative in the post as to why a Vet got TDIU and what VA based it on.

Unless we ask them too.

   so I just assume they are TDIU no matter how he/she got it  it's still IU. 

 what I am not sure about is  if the Vet gets IU being rated at the 60% rate  , then if he gets IU and files another claim and gets 70% that's separate and distinct from his IU rating  will that  60% he had before the IU be enough to qualify him/her for the SMC?  Depending on  on what he is S.C. For?

I agree it matters what condition he has  ...if that condition is not expected to improve in his/her life time then its of nature or chronic  and  no future exams are scheduled.   even then some veterans are beat out f the SMC.

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1 hour ago, asknod said:

In the brave new AMA world of appeals modernization, a 70% rating should  engender  a Rice v Shinseki inferred claim for TDIU.

@asknod

Thank you for those case links. They are interesting and might be helpful in the situation I am looking at.

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11 hours ago, Berta said:

Richard , that is not what the regulations state:

"SMC at the housebound rate may be paid if a Veteran has a single service-connected disability rated 100 percent and either: (1) has an additional service-connected disability or disabilities ratable at 60 percent, separate and distinct from the 100 percent service-connected disability, and involving different anatomical segments or bodily systems; or (2) is permanently housebound by reason of a service-connected disability or disabilities. Permanently housebound means the Veteran is substantially confined, as a direct result of a service-connected disability or disabilities, to his dwelling or the immediate premises (or, if institutionalized, to the ward or clinical areas), and it is reasonably certain that the service-connected disability or disabilities and resultant confinement will continue throughout his lifetime. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i) (2018). When a Veteran is awarded TDIU based on a single disability and receives schedular disability ratings for other conditions, SMC based on the statutory housebound criteria may be awarded so long as the same disability is not counted twice, i.e., as a basis for TDIU and as a separate disability rated 60 percent or more disabling. Bradley v. Peake, 22 Vet. App. 280 (2008))."

I know this and I was am disputing this.... All I did was answer the question based on what he asked... sometimes the more information you give just confuses people..

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"Information" is what makes claims succeed.

The VA  however wants us all to stay in the dark.

I  have posted legal excerpts from BVA ,CAVC and other VA cases law entities, and VA regulations,  here for 2 decades ,

but if it confuses people, I dont have to do that-and  it  sure will save me  a lot of time, as well.

VA regulations control our claims.

Their  own regulations and established VA case law  helped me succeed in ALL of my claims.

To include my wrongful death FTCA claim.

Thank  you for being willing to help veterans here. 

 

 

 

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