100 percent va disability

[RMF]

I was just rated 100% disability and I still have two appeals (cue and rating increase) that are awaiting for decision from BVA for two years now. Do I still have to pursue this appeals?

[Carl the Engineer]

Why not?, could be more benifits, can't see how it would be less.

Carl

Winner, winner, low carb diet dinner...

[MilvetHD]

No, it's not a requirement but you probably should. Without knowing the particulars of your conditions or how long you have been rated for each it seems prudent to do so, however unlikely, the VA may at some future date try and reduce your rating. Most important of all, you have earned your benefits. Stay in the fight and carry on, I can't think of a valid reason to let the VA off the hook unnecessarily especially with the CUE.

[Dustoff1970]

Yes, I would continue to pursue your claims/appeals as you may get lucky with nothing to lose on downside as everything is already in the works.  Extra additional ratings above 100% can or may gain you more benefits as in SMC-S extra $300 plus money a month and maybe P&T status.  Although rare, sometimes CUE claims bring big money to vets for many years of back pay.

In December 2021 I was granted by BVA OSA Sleep Apnea due to PTSD at 50% and this resulted also in award of SMC-S added to my P&T TDIU rating with 4 plus years of good back pay.  Also, in April 2022 I received 60% for GERD due to PTSD and 10% for Tinnitus that upgraded my P&T TDIU to P&T 100%.  Carry on the good fight soldier.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[broncovet]

Maybe.  I dont "go in the ring" with VA unless I get paid if I win.  Im uninterested in just fighting to fight, if I chose to do that, I guess I would find someone else to fight with, more my size.  (The VA is very big and has 500 lawyers who work for them, not you).  Very often, BVA will dismiss claims that are "moot".  "If" you still have something to gain, then I would continue.  If not, I would withdraw them.  There are "at least" 2 ways to get additional retro, if you are over 100 percent:

1.  "If" there is a good chance an increase could move you up to smc S.  (If you are likely to get a single 100 percent plus an additional 60 percent seperate and distinct).  Example:  If you are currently 100 percent combined, and no additional ratings, and you are appealing tinnitus denial, then drop it because, even if successful, that extra 10 percent wont get you a dime more.  

2.  "If" you could get an earlier effective date on one or more benefits.  

      In addition, there may or may not be a way your widow could benefit.  An example should suffice.  Let's say you have applied for CAD (coronary arttery disease).   CAD could easily kill you and your widow, could become eligible for DIC, which is around 1500 per month.  

However, if you get an effective date OVER 10 years ago, then it wont matter because your widow should get DIC "regardless" of your cause of death (CAD or something else) if you have been rated over 10 years.  

     But, if its unlikely your BVA appeals could result in any of the above 3 named benefits, then I would drop it, and free up some space for the next Veteran, because you would not have anything to gain.  At least once, I had a rating dismissed as moot.  Its pretty much moot if it wont increase your benefits, or benefits to your family.  

Edited July 27, 2022 by broncovet

[RMF]

The two appeals on BVA are with a lawyer assistance. Also, I have two presumptive disabilities under burn pit presumptive illnesses. Should I still pursue these? 

[GBArmy]

Without the details, if the 2 presumptives have never been submitted before, then yes, more than likely you should start new claims. Unless you fall into the situation that Broncovet mentions.