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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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Ddsr

Mistake

Question

Fellow Vets. Be careful when you put in for Special Monthly Compensation. I put in for TMJ and it never was filed under SMC. It was filed as a new claim but I attempted to file the claim on E-Benefits using SMC and well it was not put in as SMC. I was granted 10% TMJ which did not increase and no retro. I am now trying to appeal it, or let me rephrase that. I am sending a notice along with form 0995 as supplemental stating there was an error in filing. We shall see.

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Well, I looked under "TMJ" and 38 CFR 3.350 does not mention TMJ.   So, you probably are not eligible for additional compensation for TMJ, unless, you are at 100 percent plus more, where your TMJ rating would suffice to get you statuatory SMC S.  (100 percent plus a combined 60 percent seperate and distinct).  

If this TMJ rating means you now meet the criteria for SMC S statuatory, then by all means appeal.  

However, I did not see a "loss of use of jaw" or anything close, but look for yourself:

https://www.law.cornell.edu/cfr/text/38/3.350

Its an error on VA's part if this additional rating combined to 60 percent with other stuff and you also have a single 100 percent disability, seperate and distinct from each other.  

Edited by broncovet

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Bronco is right.

Based on your post, you may not understand SMC and how it accrues.

I would suggest you read up on it.

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I agree with  Ole broncovet  TMJ  I can't find where it would fit in with the SMC?

With being 100% or IU  Veterans still need that extra separate & distinct  .s.c. condition rated 60% or higher to be eligable to meet the SMC S Criteria

This is how they rated me

I was TDIU P&T   For loss of hearing and Tinnitus at a combined rating of 90% total ,  because I could not work or do the job I was trained to  (letter from voc -rehab helped)   so they boosted me up to the TDIU P&T.

 Later I  filed 2 more claims  one was Chronic Combat PTSD  70% S.C. Rating ,  the other was E.D. and was S.C. But at 0% but they give an additional 138.000 monthly added into my total compensation   the ED is SMC-K (loss of use)  and the PTSD Rating got me to the SMC -S

  I never filed for these SMC's  they just added them into my rating as mandatory ratings

When a Veteran is 100% or IU  the rater has a duty to look for these other S.C. Conditions to see if the Veteran meets any of the mandatory  SMC Criteria  ...> some times they fail to do that.

 those conditions must be at least one condition rated at 60%

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As the others have said about TMJ, it is true in that TMJ is not in SMC, because I have it.

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