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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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  • 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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Logan

100% P&T

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I have 100% on a single rating for PTSD.

I have 10% on GERD and others. {increase to 60% if i should}

I have 20% on my back {My goal is to try to increase % on my back if i should}

I have 10% on right lower extremity 

I have 10% on my ankle 

I have 10% on my hand 

TOTAL: 100% P&T on all of them. 

 

Should I continue to do more claims to increase, and add more new claims related to combat related? I plan on trying to increase GERD to 60%, and I plan on trying to get headaches 50% aiming to that percentage, migraines 50%, and tinnitus added 10% if i need to after 100% PT already. I also have others that is labeled 0% as service connected. Should i also pursue these too? Do i qualify for SMC for PTSD and any other of these like my hand, and ankle and my back? Do i qualify for AID & ATTENDANCE or CAREGIVER Program? Also, I was medically discharged and did 6 years service, do i qualify for CRSC ? I was a E-5, 6 years service, got a severence pay. Do i qualify for medically discharged with CRSC? I am still new to these and wanted to get as much as I can to get help with my PTSD and my back, and my ankle and hand. I've seen people who succeeded on SMC with PTSD and some didn't get it. Please advise. 

 

Thanks! 

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Based on the ratings you posted, you dont qualify for "statuatory" SMC S, which requires a single disability at 100 percent plus an additional 60 percent combined which are seperate and distinct.  

I added yours North of 100 percent and got a combined 50 percent.  

So you will need an increase to get to 100 plus 60 percent.  SMC S will bring in about an additional 347 per month.  

To get other SMC's you need things like "loss of use" of things like hands, legs, eyes, etc.  Or, if you need Aid and Attendance, you can get additional comp for that.  

Since I dont know if you have loss of use, nor do I know if you need A and A, I dont know if you qualify for additional compensation.  

My estimates show an additional 20 percent should get you to statuatory SMC S.  

Go for it if you think you qualify!  

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I have always advocated that if  a veteran believes that he has a valid claim ( regardless if the veteran has a 100% rating) then  the veteran should put the claim in.... but lately I am beginning to believe that  depending on the medical issue it may just be an exercise that leads to more ratings but not  additional compensation.  While 10% ratings can add up it usually takes forever for them to make any difference in your overall rating.  I know this to be a fact because I have a single 100% rating,   I also have  separate and distinct ratings that do  combined to 100% , and a TDIU that once awarded is almost if never revoked. (Keep in mind the VA doesn't actually award any ratings over 100%)   I also have A&A at L 1/2, and 1 K award.. aside from that ... none of my work has paid off in terms of additional compensation... so you really have to ask yourself if a bunch of 10% ratings are really worth your trouble. In my case I was awarded a 60%, 50%, 40% and 2- 10 % ratings after I had achieved a 100% rating., none of these additional ratings resulted in an increase in compensation or SMC.

Now to the more important questions do you qualify for retirement or CRSC. I will assume that your service was in the Army... a medical discharge means that you had less than 30%  from you service branch, otherwise you would have been retired.. I see you have a 100% rating for PTSD, which is unusual for someone with a medical discharge.  The Congress required the Military branches to go back and review any medical discharges due to low ball rating on discharge that prevented medical retirements. The Army especially was good  at giving the low ball ratings,    I think you should request a re look at your discharge,  it could be changed  to a medical retirement which would  lead to monthly retirement pay,  medical care under tricare, and all the other benefits you had on active duty.

As to CRSC,  you must first be retired from service  than  if you have any medical condition that was a result of war or instrument of war you would  qualify for CRSC.  If your PTSD or any of your other injuries were caused as a result of war you would qualify for CRSC. You have to apply directly to your branch of service. If any of your injuries were occurred because of a military vehicle accident out side of war,  this would be considered an instrument of war and you could qualify for CRSC  based on this alone.  Again,  to qualify for CRSC you must first be entitled to military retirement pay. Severance pay does not count. 

A&A is based on the actual need of assistance from another person... if you need assistance you could qualify for A&A without any additional compensation as A&A does not even require a 100% rating.  Of course with a request for A&A comes another C/P exam , unless you have a doctor willing to fill out the application for A&A  then its likely you would not need another C/P. 

You would have to show loss of or loss of use for a hand, leg or ankle before you would qualify for SMC's based on these issues.  Normally, Loss of use is decided at the same time a rating is awarded for these types of injuries,  because you show 10% rating for these injuries it is doubtful that you qualify for SMC due to these specific injuries, but its possible to get an increased rating that might lead to loss of use at a later date.

The back is the hardest to get an increase because  it requires  you to show bed rest prescribed by a doctor over a number of weeks or it is rated on   limitation of movement . Most back ratings are decided based on limitation of movement.  But again,  you can request an increase and see were it leads. In my case, I started with a 10% rating for my back, got an increase at 40% and then another at 60%... but I was rated under the older rating guidelines,  and i did not have to show bed rest... so my case may not be a good example.....

If you decide to apply for increases,   work on getting service connection first... the percentages will fall into place and can always be appealed later....but you should have a good idea of what you might be rated at first before  you open the claim..  as I indicated above 10% ratings don't help generally speaking.. while they do add up .. in my case they did not help much  ( I have 8 - 10% rating)

 

I hope my explanations will  help you to make  some decisions. 

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