tinnitus Once You Recieve !00%

[JohnM]

My question is: Once a person recieves 100 % P &T, Do you still file for NOD and if another disability or problem starts up to you still file for that for a rating. I have been trying to explain this to John put neither one of us really knows why you should file for a rating because you can't get anymore money or a higher rating. If anyone could explain this to us it would be helpful.

Right now John is questioning if we should file NOD for hearing and tinnitus. ( Possible Menier's).

Thanks in Advance.

[Guest terrysturgis]

Johnm/Diane, I am 100% P&T and one of the claims I won was tinnitus. Lots of evidence and an IMO. My hearing is bad because I calibrated artillery and the VA service connected the hearing at 0% and tinnitus at 10%. I had an NOD for HBP and withdrew it as I was tired of the claims process.

Let me be clear, you have every right to continue the NOD process but what is to gain JMO. I believe that because John is 100% and he goes to the VAMC, gets an audio exam that shows hearing loss that the VA would offer hearing aids. As I said I am 0% hearing loss and they offered them to me. You could call the Audio folks at your VAMC and ask them if John is eligible for hearing aids before you make a decision on the NOD. Terry Sturgis

[Berta]

A veteran with 100% already can possibly receive either the SMC "K" award or even-other SMC awards if an independent additional SC disability (in addition to 100% SC) becomes disabling to level of 60% or greater.(HB award)

I feel many vets might be discouraged by reps to file anything after they get 100%- I have even heard vet reps say- you got 100% that is all you can get- and of course they are wrong.

What concerns me is that-

say a vet has 100% for lets say Agent Orange cancer.

Lets say that they also have aherosclerotic heart disease due to diabetes from Vietnam and have never made formal SC claim for this-lets say a vet rep told them they already have 100 and this is all they can get-

This vet should claim both the DMII and the heart disease and see if either one can be rated at 60% or more under SMC.

Say this vet dies not of AO cancer but of heart attack due to atherosclerotic heart disease from the AO SC DMII contributing.

Lets say this vets SC was only in affect for 2 years prior o his death.

If the additional conditions are already SC under SMC-the widow might get a proper decision in less than a year on DIC.

If the vet dies with only the AO cancer as SC-BUT the death cert says cause of death as heart attack-fatal cardiomylopathy with atherosclerosis contributing-no autopy performed-and the attending doctor does not put the cancer as contributing on the death certificate-

the widow will have the tedious job to prove that the vet had DMII, that it came from Nam, and that the DMII caused the atherosclerotic heart disease.

It could take this widow years and years and even a costly IMO to get DIC.

Edited March 1, 2007 by Berta

[john999]

I think the vet should get all their conditions service connected if there is a chance the vet might die from the disease or become housebound or crippled down the road. If you do that work now it will be much easier than when you are really sick and can't get around. If you are in doubt then you should probably file a claim for SC. All the VA can say is "NO". Some say to just get on with your life after 100% but what life do you have at that point? My focus is on DIC for my wife if I die before my ten years of being IU. I want her to get the money and collect for 30 years.

[Vike17]

JohnM,

Generally, I don't advocate a veteran to file additional claims if they are already 100% schedular or are receiving IU, unless there is the potential of receiving an additional monetary benefit such as SMC or A&A, or it's a lifer tthreatening condition and then veteran hasn't passed the 10 year mark for DIC. If none of these apply, then there really isn't any reason to file a claim. Once a veteran receives a 50% rating from VA, they are eligible for health care at a VA facility regardless if its service-connected or not. I guess it's up to each individual as to what tickles their fancy.

Vike 17

[Guest terrysturgis]

Berta/Vike, I am SC for DMII, PN and tinnitus with a "K" for ED. My total percentage is 94.6 and I was awarded TDIU. The question I have is if I die from a heart problem (HBP) does my wife have to fight for DIC? I have been 100% for three years. The extra 10% would not get me to any SMC. Thanks. Terry Sturgis

[Guest rickb54]

Berta/Vike, I am SC for DMII, PN and tinnitus with a "K" for ED. My total percentage is 94.6 and I was awarded TDIU. The question I have is if I die from a heart problem (HBP) does my wife have to fight for DIC? I have been 100% for three years. The extra 10% would not get me to any SMC. Thanks. Terry Sturgis

Terry you must be rated 100% or TDIU for a period of 10 years before your spouse could receive Survivor Benefits for a death due to non-service connected disability.

Edited March 2, 2007 by rickb54