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File a claim even though you have 100%?

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Knees-n-Da Breez

Asked by Knees-n-Da Breez,

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Knees-n-Da Breez Apprentice

Knees-n-Da Breez

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Hello all,

I was awarded 100% PT but I have other valid issues that could be filed. I have heard more times than one, even from my VSO, that the VA can take my percentage if I try to file more claims. I am curious to know if anyone has any insight on this matter. Like I said, I have other legitimate issues but I do not want to put the standing decision in jeopardy. Thanks for any input.

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doc25
doc25

Do you have an unprotected disability, such as a mental health disorder? You will want to continue going to therapy at least every six months to establish that your disability has gotten worse or is u

Richard1954
Richard1954

Yes if I were talking about Housebound SMC S. .but I wasn't talking about housebound... which most veterans hear a lot about...... I have Aid & Attendance SMC L  + 50%   or - L 1/2 ---- 

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vetquest Veteran

vetquest

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The VA may do a five year review on one of your disabilities.  Filing a claim does not necessarily put all claims in play.  I myself am 100% P&T and requested an EED on my decision.  Now the VA has put my most serious disabilities in play since I requested an EED.  You can never guess what the VA is going to do but most times you do not get penalized for claiming more disabilities or a secondary.

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Richard1954 Experienced

Richard1954

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Maybe I have been lucky, but I don't think there is any truth to the va reevaluating medical conditions simply because you claim additional disability.

I started out with a 30% rating in 1986, I I have held every rating above 30% at one time or another, and I have a TDIU that was never revoked when I was awarded 100% in 2007. In the last three years alone  I have received a 40% rating for TBI, 50% rating for sleep apnea, 10% rating for knee injury.  At no time in the last 33 years has the VA ever reviewed my ratings unless I requested an increased rating on an issue. In a few cases I was actually awarded rating for items that I did not even know I was entitled too, for instance,  a K award for loss of use of my left foot due to my back injury.  In fact, I have two issues waiting to be rated right now, one is a request for an increase the other a new claim secondary to my lung disease, and I also have two claims at the BVA. 

I can't say they won't every review someone's ratings  without being asked too.. but  based on my experience alone its  a myth.  

I have always said if you think you have a valid claim submit it.. I have and still do.. and honestly if I had not I would never have been rated 100%  or received adapted Housing or the auto grant with adapted equipment , and I would still be wishing I had Aid and Attendance.... 

I Look at it this way... you will never get more unless you try, if you don't try, you may regret it later....  I know... I waited a long time before I got some ratings for disability that should have been rated in 1986, and I literally lost thousands of dollars because I failed to claim some issues back then......

 

ADDED:  One reason to keep filing is to get special monthly compensation...  I am at L 1/2  ( which is 100% plus 50% ) for aid and attendance...  that would not have happened if I had not continued to file..

Edited by Richard1954

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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doc25 Rising Star

doc25

Posted
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3 hours ago, Knees-n-Da Breez said:

Hello all,

I was awarded 100% PT but I have other valid issues that could be filed. I have heard more times than one, even from my VSO, that the VA can take my percentage if I try to file more claims. I am curious to know if anyone has any insight on this matter. Like I said, I have other legitimate issues but I do not want to put the standing decision in jeopardy. Thanks for any input.

Do you have an unprotected disability, such as a mental health disorder? You will want to continue going to therapy at least every six months to establish that your disability has gotten worse or is unchanged from your current symptoms.

 

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Buck52 Grand Master

Buck52

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Actually in my opinion  when a Veteran is service connected and given a rating (the right rating  no lowballing) this makes the Veteran seem  more creditable  in his/her claims  in the eyes of the VA with filing claims and the VA takes that into consideration (maybe not) but since I got all me appeals won and  YEARS later filed for another disability and got it service connected and a correct rating  it just seems  this is the way the VA Works   of course having a well prepared claim is the way to  always file.

So if a Veteran has now contentions come up later on in life and he/she feels its because of his primary  service connected condition or secondary to it  or maybe a whole completely different condition  if he/she feels its related to their military service  then definitely file for that.

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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jfrei Grand Master

jfrei

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On 6/13/2019 at 10:48 PM, Richard1954 said:

Maybe I have been lucky, but I don't think there is any truth to the va reevaluating medical conditions simply because you claim additional disability.

I started out with a 30% rating in 1986, I I have held every rating above 30% at one time or another, and I have a TDIU that was never revoked when I was awarded 100% in 2007. In the last three years alone  I have received a 40% rating for TBI, 50% rating for sleep apnea, 10% rating for knee injury.  At no time in the last 33 years has the VA ever reviewed my ratings unless I requested an increased rating on an issue. In a few cases I was actually awarded rating for items that I did not even know I was entitled too, for instance,  a K award for loss of use of my left foot due to my back injury.  In fact, I have two issues waiting to be rated right now, one is a request for an increase the other a new claim secondary to my lung disease, and I also have two claims at the BVA. 

I can't say they won't every review someone's ratings  without being asked too.. but  based on my experience alone its  a myth.  

I have always said if you think you have a valid claim submit it.. I have and still do.. and honestly if I had not I would never have been rated 100%  or received adapted Housing or the auto grant with adapted equipment , and I would still be wishing I had Aid and Attendance.... 

I Look at it this way... you will never get more unless you try, if you don't try, you may regret it later....  I know... I waited a long time before I got some ratings for disability that should have been rated in 1986, and I literally lost thousands of dollars because I failed to claim some issues back then......

 

ADDED:  One reason to keep filing is to get special monthly compensation...  I am at L 1/2  ( which is 100% plus 50% ) for aid and attendance...  that would not have happened if I had not continued to file..

Wouldn’t this be 100% plus 60% which would be SMC S?

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