SMC and 100% for 15 years

[automan2100]

I wanted to ask if I risk my 100% P&T claim if I filed new claims for SMC. I'm now blind in left eye and other stuff like rheumatoid arthritis and loss of use of creative organ. A bit embarressing

[Buck52]

7 hours ago, automan2100 said:

I wanted to ask if I risk my 100% P&T claim if I filed new claims for SMC. I'm now blind in left eye and other stuff like rheumatoid arthritis and loss of use of creative organ. A bit embarressing

This is a million dollar questions   we simply don't know what the VA will.do?

They usually leave the 100% P&T Veteran alone.

I was 100%TDIU P&T FOR 14 years and filed another claim  and was awarded 70%  because this was a Seperate & Distink  S.C.Condition  I got the SMC S

However

They  can do a complete review of your files when you file for a claim any clam ,claim for increase claim for another condition, EED Claims ,Claims for  secondary conditions...

.I would say file the new claim for these other conditions  and file secondary claims any of your S.C. Conditions would cause or be related to....>  if you have a Dr to give his medical opinion on this.

Do not file in fear they may reduce you , your safe if your s.c. conditions have not shown improvement. ...> file for your deserved benefits today!!

but with all this said VA Can call any of us up for a C&P Exam when ever they feel like it  until we reach the 20 year protection rule.  rather or not we file a claim.

Edited June 5, 2020 by Buck52

[broncovet]

Generally, no, you dont risk your 100 percent if you file for SMC.  The only time VA can reduce your 100 percent is if your SC disabilitie(s) "actually improved under ordinary conditions of life".  If you havent improved since you were rated 100 percent, you dont have anything to worry about.  

Now, as to SMC.  "If" your blindness is Service connected, or can be, then you can get Smc for blindness.  Even if your blindness is "not" related to service you can still get smc for other things, such as housbound, aid and attendance (if needed), or other conditions which may be related to service.  My advice is to file.

"If" awarded you should get SMC "back to the date you were told by a doctor that you were blind (or other applicable conditions)".  

SMC is unique in that you shouldnt have to apply for it, but if you do and it gets awarded, you should get it back to when your doc said you had it.  Its not limited to the "date applied for".     This means, if you have been blind some time, you could have a very nice retro check coming.  

In the case of housebound (SMC S..about 370 dollars per month), you can get it either of 2 ways:

1.  If you have a single 100 percent disability and additional disabilities seperate and distinct combining to 60 percent or more, then you should get "statuatory" housebound.  OR

2.  If a doctor says you are "housebound in fact".  This means you are "substantially confined" to your home.  You can still leave to go to doctors appointments and run errands.  

 

Edited June 5, 2020 by broncovet