have 100% due to UI P&T, but should I submit claim for 100% on it's own merits?

[rikkor1]

I have 90% serviced connected P &T and 10% for unemployability since 2010,  should I open new claim to get the !00% if i have new conditions and evidence .that I wont need UI? 

[broncovet]

If you have an increase or new conditions, go ahead and file, but only if it could/will benefit you in one of these 2:

1.  If it could/will increase you to SMC S.  For statuatory Smc s, you need a single 100 percent (tdiu counts) and an additional 60 percent seperate and distinct. It would mean about $380 per month extra for you.  

2.  If it could help your family.   Specifically, your spouse should get DIC if either:

     A.  You die of a sc condition.  (This is why an increase may benefit your family, because you may be sc for conditions to which are unlikely to cause your death. )

    B.  You die of any conditon after being 100 percent for 10 years. 

      Since I dont know which, if any, of the above applies to you, you should use the above to decide to apply for new stuff.  

     If none of the above applies to you, I dont suggest applying for new conditions just to get out of filing a form once a year to verify you are not working.  Its not worth it.  Someone else can chime in, but i dont think you have to file the unemployment form every year, when you get older anymore.  

     In other words, Im not getting in the ring with VA for free, unless I have a good chance of winning something, I will watch others fight, but not me.  I have had enough fights with VA to last a lifetime.  

Edited December 6, 2022 by broncovet

[rikkor1]

Appreciate your Reply Broncovet., 

Next year I'll be  65 and I have  never had to file any form for unemployability,  and its has been over 12 yrs . since that rating was awarded (2010), is that because I am P&T?  Anyhow I have  Chronic pain and have been medicated (morphine and oxycodon)   for over 12 yrs, and until recently , did I Find out  pain is ratable (2018). MY both knee's also need replacement and I suffer Chronic neuropathy of both  my lower limbs  and r/foot  all service connected. I agree with you about getting in the ring, with the VA, but if I have irrefutable proof , documented,  all secondary to my service connected disabilities  and my condition has been diagnosed to worsen with time. I believe its a matter of submitting the documented VA evidence. If it only helps my spouse when I pass , than it seems she deserves the DIC as she has cared for me all these years. Thanks again,,,if you could address  your knowledge of ratings for pain and neuropathy that  will  really help!

 

 

[john999]

Rikkor1

Unless you plan on going back to work there is no need to file for 100% schedular.  However, I had 90% IU and I continued to file for agent orange claims as they came up.  I got to actual 100% a few years ago.  No different, but if you can the "S" along with your 90% then that is a good thing.  When you get 100% about the only thing to wish for (but not in a good way) is for SMC for loss of use of various organs or limbs. For those who have loss of use then it is very much worthwhile to go for SMC.  You will not get 100% just for pain, but you can get considerable ratings for neuropathy.  I got 40% and 30% for my arms and 40% for each leg.  Something like that would get you to 100% schedular.  I think the VA considers chronic pain disorder to be a mental/emotional thing.  You could also file for depression as a result of chronic pain.  No limit on what you can get for mental/emotional ratings.