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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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Valhalla0321

PTSD but not rated.

Question

I'm 100 p/t mainly due to migraines, Psych has linked military combat to diagnosis of ptsd, tbi etc.. i've never claimed any of this due to fear of having rug pulled from underneath me however my main concern is i see my psych every month and i inform the Dr. that i'm not getting better " still hard time with night terrors sleep etc" however medication is never changed even when asked and in my notes quite often the Dr. will put that im quoted that i say i'm doing OK.. frustrating this is.. HELP... ive HADIT.

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We as Vets need to remember that when the Psychiatrist ask you "How are doing," the answer you give to that question is the first thing that the Psychiatrist writes in your Medical Notes.  In some cases like mine, when I remained silent about my symptoms my Dr.'s documentation in my Medical Notes would show that my MH symptoms may have improved when the opposite is true.  So, thru Berta I learned to open up your mouth and tell your Dr. how you are really doing.  One other thing I have found help is to know what the symptoms of your illnesses are.  I use my symptoms list as a list of things I need to address at my MH appointments.

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Very helpful thanks. On a side not i wonder if it benefits me to put in a claim for things like PTSD? you thoughts....

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17 minutes ago, Valhalla0321 said:

On a side not i wonder if it benefits me to put in a claim for things like PTSD?

If you are 100% P&T the barriers for VA to reduce your rating are significant. They either have to prove you defrauded them (high barrier) to get your current status, or you have improved so significantly and maintained that improvement for at least a year.

Taking medication to help the migraines is NOT improvement for rating purposes.

As to the benefit of filing additional claims.

First and foremost it will put you back on the hamster wheel for a bit.

How long depends on how well you have documented your Caluza Triangle and the effects of those conditions on your ability to work and live a 'normal' life.

On the flip side, since you are already 100% P&T, if any other ratings you can get add up to the right percentages you could become eligible for Statutory SMC(s) which is 300 bucks more a month.

Furthermore, as you age your body breaks down. It happens to all of us.

that means your conditions get worse. So let us say you could have an SC for a knee or back problem, even if it is 0 or 10% now, in ten years you will be worse. that is just a medical reality. If you SC now, it will be easier than trying to SC then.

Additionally, some medications for PTSD and other conditions actually cause compensable harms to the veteran. If you SC for the base condition now, then any future claim for those potentials is easier by a mile.

Another consideration is any family / spouse you have. There are limits on when DIC kicks in an various other things. If you have multiple SC'd conditions your estate will have potentially various options to maximize any claims. If you establish those conditions now, you make their lives easier when you pass.

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For one, thank you very much for replying and for your knowledge. I filed a couple claims before i was awarded p/t100% that are pending and currently in appeals decision phase/remand. At the moment i'm going to these 3rd party Disability DBQ locations (real doctors or dentist) for the remands on the denied conditions  like Sleep apnea, dental-tooth broken nose.

 

In short.. what is statutory SMC? do i qualify if and or how.. please help me understand if and when you get the chance. Also, my VA Psych has linked my in service trauma and TBI the the record and in the diagnosis however i've done nothing to claim because i hear the horror stories and the hampster wheel effect.

See below..

 

 

 

 

Acne (also claimed as "Eczema")    10%    
myositis and fasciitis of the left Tibia (also claimed as "lower leg condition")    0%    Service Connected        
right knee, osteoarthritis, ( previously rated as Patella spurring, secondary to trauma (also claimed as "right knee, mechanical mobility", Diagnostic Code 5257)    10%    Service Connected        
respiratory condition (also claimed as sinusitis and rhinitis)        No service connected        
left knee degenerative joint disease    10%    Service Connected        
left foot condition with Arthritis        Not Service Connected        
radiculopathy (claimed as lower leg condition)        Not Service Connected        
fractured tooth trauma (#9)        Not Service Connected        
sleep apnea with sleepiness        Not Service Connected        
hearing loss        Not Service Connected        
residuals of Anthrax injections        Not Service Connected        
 (claimed as "urinary condition")    10%    Service Connected        
tension headaches (previously denied as headache due to concussion and head injury)    50%    Service Connected        02/08/2015
Lumbosacral strain (also rated as "mechanical back syndrome" and claimed as "lower back strain")    10%    Service Connected    
tinnitus        Not Service Connected        
lower lip lesion/incision        Not Service Connected        
residuals of broken nose        Not Service Connected        
right thumb injury with Arthritis        Not Service Connected        
Dermatophytosis (claimed as "Tinea pedis")    0%    Service Connected    

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4 minutes ago, Valhalla0321 said:

I filed a couple claims before i was awarded p/t100% 

from what you posted I count 1 50 and 5 10 percent awards

that comes to 74 rounded to 70.

The VA seems to have awarded you IU and made it P&T.

SMC stands for Special Monthly Compensation.

It amounts to being "kickers" for certain conditions and combinations of problems.

Congress allocated these SMC's to benefit those who meet certainly level of need.

they are a through t.

https://www.law.cornell.edu/uscode/text/38/1114

for a good read on SMC(s)

https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/

these are the rates for SMC

https://www.benefits.va.gov/COMPENSATION/resources_comp02.asp

this is how to read those rates

https://www.benefits.va.gov/COMPENSATION/resources-rates-read-compAndSMC.asp

This is the MR21 on SMC basics

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014571/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-H---Special-Monthly-Compensation-(SMC)

Now to SMC(s)

in human terms it means you are housebound...cannot leave your home to do things like work on a regular basis.

There are two types, statutory and actual.

If you meet the statutory requirements for SMC(s) you get 300 bucks more a month. YOU DON"T HAVE TO BE PHYSICALLY HOUSEBOUND under the statutory version. Congress made it this way.

Now in your case, you are TDIU and that has a special set of criteria.

For purposes of SMC(s) TDIU counts as 100%.

BUT, to reach SMC(s) your OTHER rated conditions CANNOT be any of those used to get you to IU 100%.

from the link at CCK law

Qualifiers

There are two different paths that can make a veteran eligible to receive SMC(s) benefits:

  1. You are entitled to receive SMC(s) if you have at least two service-connected disabilities with the first rated totally disabling (100%) and the second rated at least 60%. If you are receiving TDIU for one disability, this may meet the criteria of having one service-connected disability rated totally disabling. The important thing to keep in mind here is that the disability for which you are receiving TDIU must be entirely separate from the second service-connected disability (or disabilities) rated at 60% or more. In other words, you must have at least two completely separate, yet both very severe, disabilities in order to be eligible for this benefit.
  2. The second qualifying factor for SMC(s) is if the veteran is rendered housebound due to a service-connected disability. If a veteran is unable to leave his or her house, hospital ward, care facility, etc. and the medical condition is not expected to improve, the veteran may qualify for SMC(s).

where does this fit into your question?

Simply this. PTSD would be a non-related condition. So let's assume you got a 70% for PTSD. You also qualify for SMC(s).

of if you got 50% for PTSD you would still need an additional 20 not related to your TDIU conditions, or two more 10's not related to your TDIU condition. Those amounts would get you the additional 60% non-related ratings to get you SMC(s) per the law.

You would be statutory SMC(s) not physically housebound.

read the links. Go to the SMC forum here. you have all the info needed to dive deep into the research on your own.

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      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
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