100% P&T

[roses15534]

I am 100% P&T but was wondering am I missing anything else to claim such as a special claim? Attached is all my disabilities and their percentages. ThanksDisabilities.pdf

[ShrekTheTank]

I think you need to have ONE disability at 100% or be TDIU.  

I thought the same thing about SMC.  The way it reads you could think that way.  After many discussions it is one or the other.  

I am in the same boat.

tinnitus 10%

IBS 30%

Fibro 40%

PTSD 50%

Headaches 30%

Dercum's disease 60%

Knee pain 10%

Sleep apnea 50%

 

[pacmanx1]

I would say that there are somethings to think about especially increases. I got an IMO from my VAMC Rheumatologist stating that my sleep apnea is as least likely as not caused by or related to my service-connected fibromyalgia and got my sleep apnea rated as 50%. As for my migraines, I got them rated as TDIU based on frequency and not being able to concentrate, function and not being able to complete ADLs. As for any type of depression, it can be made worst or rated higher by any chronic physical disability.

Edited January 8, 2023 by pacmanx1

[ShrekTheTank]

I could be totally wrong here and I need to go fight for my own claim.  Below was just posted to me and I think I need to put in for SMC-S

The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s).  Whenever a veteran has a total disability rating, schedular or extra-schedular, based on **multiple disabilities** and the veteran is subsequently awarded service connection for any additional disability or **disabilities**, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s).  If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities.  Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).

[ShrekTheTank]

You need another disability of 60% to get to that mark

[roses15534]

so what are they really saying?  You need 100% combined and then anything else rated to take you over the 100%?

[broncovet]

We dont know from "just" your list of disabilities, as to whether or not you could be eligible for more, that is, SMC.  

1.  Do you have loss of use of any organs, eyes, hands, feet, even reproductive organs (SMC K)?  

2.  Are you housebound, in fact, that substantially confined to your home?

3.  Do you need aid and attendance?  

     I do agree, you probably dont meet the statuatory criteria for housebound (SMC S) "unless you have a single 100 percent disability (tdiu counts)  and additional disabilities which combine to 60 percent, seperate and distinct.  

    However, if you are unable to work due to sc disabilities, then, applying for TDIU "may" result in Statuatory SMC S, "provided that" the end result is as in the paragraph immediately above this one.