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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

HadIt.com Anniversary 24 years on Jan 20, 2021
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100% P&T and upcoming surgery


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Good afternoon - I am currently 100% P&T (63 yrs old) and need to have surgery on my foot.  I am 0% service connected for a bunion and 0% service connect for hammer toes.  The pain is getting the better of me on this one.  The doctor is going to operate doing the standard bone shortening/bunion removal/plantar repair on my foot.  It is a civilian doctor performing the surgery  - VA hospital is too far to put my wife through that hassle.  I will be without a shoe and crutches for two months plus (limited to house for 30 days).  Do I file this as a new claim or increased on earlier 0% service connect?  Do I file this and if so what are the benefits?  Thoughts?  

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Bullet 3. While not common, since you are already 100% its a possibility.      IV.ii.2.H.8.b.  Considering the Level of Disability Required for Entitlement to A&A

He can file for temporary 100% which will pay him at the smc-s rate for a month or two. Temporary 100% is essentially a request for an increase. It doesn’t matter if you’re already 100% P&T.

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You are already 100 percent. You can file for it but it's already service connected. An increase won't change your compensation. 

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Bullet 3. While not common, since you are already 100% its a possibility. 

 

 

IV.ii.2.H.8.b.  Considering the Level of Disability Required for Entitlement to A&A

 

A single disability evaluated as 100-percent disabling under a schedular evaluation is generally a prerequisite for entitlement to A&A.  Any lesser disability would be incompatible with the requirements of 38 CFR 3.352(a).
 
Explanation:  Both the nature of the impairment (being in need of regular A&A) and the compensation indicate that a greater level of disability is required for entitlement to the additional allowance for A&A than for
  • entitlement to SMC at the housebound rate, or
  • a 100-percent schedular evaluation.
Important
  • The single disability rated as totally disabling must be the sole or partial cause of the need for A&A.
  • 38 CFR 4.16 applies only to IU determinations.  It does not permit decision makers to apply 38 CFR 4.16 guidelines on what constitutes a single disability to A&A determinations.
  • Temporary 100-percent evaluations under 38 CFR 4.28, 4.29, and 4.30 qualify for the single schedular evaluation needed for entitlement to A&A.  However, grants of entitlement to A&A are not routine in these circumstances.
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He can file for temporary 100% which will pay him at the smc-s rate for a month or two. Temporary 100% is essentially a request for an increase. It doesn’t matter if you’re already 100% P&T.

I just did this for a foot surgery I had in February and I got 1 month at the smc-s rate since they don’t pay out partial months.

Im actually getting my records ready to file for temporary 100% for 2 foot surgeries and a back surgery that I had in the past. I couldn’t before because they kept denying service connection but now that I finally got them granted and the effective dates corrected I can move forward. 

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