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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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I have a question for you knowledgeable Hadit Vets. I am TDIU. I put in for ED under Secondary. I was awarded the SMC-K no rating as ED has no rating. I then put in for TMJ and Bruxism. My question is why was it awarded with a percentage? I thought all secondary claims go under SMC? I absolutely want nothing to do with filing a new claim separate from SMC. I am already 100 and only want to put in secondary issues if needed. So the main question is do some secondary claims filed receive a percentage?

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SMC(k) is a special situation. You can receive a rating for it, if you have some or all of your junk missing because of an accident, gsw, etc., but the majority of the time it is granted a monthly comp instead  for "loss of use" ($108.00 in 2019). If you put in for additional disabilities after being rated at 100%, you still are evaluated for a disability and given a rating if appropriate. It is possible your combined rating was not  enough to get you to 100% scheduler, so you would still be TDIU. Not sure how that plays out if you did get to 100% though. You need to educate yourself regarding SMK's, and there are plenty of entries here and at the VA on how they apply. But make no mistake, when you submit a claim, the VA will do what they want and look into whatever they want to regarding your existing disabilities, whether they should or not, whether it is for SMK's, or not. They make their own rules and follow them when convenient. Then it is up to you to to clean it up.

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All of my secondaries (except ED) have been given a percentage they are between 0% - 20%. Secondary disabilities just like SC disabilities can go towards an SMC, there are just a lot of variables. 

If you research Broncos link above it will help you understand more about SMCs.

 

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all rated conditions, secondary or not, receive a percentage award. That award can be 0 to 100% depending on the condition and severity.

no secondaries are not rated as SMC

SMC(k) for loss of creative organ (ED) is a gimme from Congress it is a flat rate unless you lost your genitalia or it is deformed in some way. If you lose it or it is deformed you can get more than the basic 108 a month.

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I wanted to comment as a scenario response to and a question myself. I am

"entitled to disability compensation at the 100 percent rate due to service-connected disability(ies). This total disability is considered permanent. You are not scheduled for future examinations."

I was awarded this almost shy of 5 years ago and it was based on a combination of 10's and a 50- They bumped me up because i think' i was homeless had letters from Voc Rehab and HUDVASH that i was unemployable due to mostly my migraines. I was able to get a place for me and my Son and finally put past all the chaos like medical and housing which was hard to deal with as i had a child in need.

I also had a old claim started before approved TDIU and even though my POA told me to withdrawal old claim for OSA and sinus "or ill shake up my claims and put tdiu at risk" i just let it go through appeals and i was just recently awarded backpay. It moved me from a combined 70TDIU to a 90TDIU. I was then told that if i had any disabilities old or new that i thought would put me at a combined 100 that i should apply so i did. I only applied for "PTSD" which i had been treated for years and having a VA doctor connect it to inservice, so i felt confident to go this route.

A week goes by and instead of noticing the entry of "new claim for Ptsd" in VA.Gov i notice:

  • Post Traumatic Stress Disorder (PTSD) Combat - Mental Disorders (New)
  • TBI (New)
  • fractured jaw/teeth (Increase)
  • broke and rearranged nose (New)
  • tension headaches (previously denied as headache due to concussion and head injury) (Increase)                        

And i go apeshi... this happened on a Thursday and i called my POA however was not able to get a hold of them till today. And in the meantime i had a barrage of qtc contractor appointments scheduled before that weekend "5 of them"

When i finally go a hold of my POA i talked with the same person who told me to withdraw my old appeal i had started before i was awarded TDIU. And they told me this...  They don't know why the VA put in a increase for all the other claims that show's i did not apply for (and they verified this) concluding that they are puzzled. The put me on hold and had to call me back indicating they were going to call 937 or some number which i think is inhouse slang for a regional VA office. My POA informed me that they tried to have the VA pull the plug on the mishap however told me that they could not.

This Same POA told me " you see we tell Veterans not to get greedy " You already have TDIU ' you would have received treatment for any condition but you started the TRAIN and now you can't stop it" WHY do the POA talk to Veterans like that .. so so demeaning in my opinion " and i tried to avoid this particular POA because i found 1 in there office that is very on point and nice and thought i was going to get him again.

Anyway the POA did tell me that who ever received my request for new claim read my notes i put in the new claim area comments for example, On delployment during a situation i fell 9 feet to my face, broke or fractured jaw, concussion and blacked out. ( The POA explained that the VA generated a new claim for what they thought should be done per my comments) So interesting odd, i replied why would they also put in for a increase for headaches when the maximum is 50% and i have that' the POA said, maybe they will try and reduce the rating (Like so much negative not positive help here)

 

Anyway' i went to my first appointment for (NEW) claim that i didn't select or start and i think it went well.

I'm not concern about the real situation at hand which amounts to ... my disabilities have also gotten worse and it's notated. The VA doctors have also filled out reports like medical summary reports and DBQ that indicate "no expectations to get better" would miss more that 8 days a month if i worked and be of task 80% of the day if i did work.

My concern is for my SON and his medical issues as well as my service DOG and his medical treatment, everyone get medical assistance covered and if i loose TDIU, i will be reduced to a mere miserable situation.

Hope this helps anyone and i hope anyone helps me with a rep

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
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    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

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