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TBI claim for SMC-T

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scarf

Question

I am 100% P&T for PTSD and I just currently filled a new claim for residuals of TBI for SMC-T. I worked under 100% P&T; however, I stopped working due to dealing with the residuals of my TBI. VA just updated my claim for me to complete a TDIU form. Will this jeopardize my P&T status already for PTSD?

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How long have you been 100% PTSD T & P? T & P means what it says. (Total & Permeate) What form are they asking you to fill out?

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If you are a 100% for PTSD why would the VA be talk about tdiu.

I wouldn't file for it if you are 100% for PTSD

Tell them you want to file for the tbi and smc t that it.

The tdiu will open the PTSD up for them to play with.

My opinion

Disclaimer I am not a veteran agent an am not acting as one.

 

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No, it wont "jeopardize" your status.  However, TDIU "may not necessarily " increase your compensation, either.   It could, but we cant say for sure it WOULD increase your compensation.  

It would depend on if it results in additional SMC, such as statutory SMC S.  

(single 100 percent plus an additional 60 percent combined, separate and distinct.). We have not reviewed your file, so, I would not venture guess as to whether or not you could get additioanal compensation with TDIU.  Its possible it resulted in an earlier effective date, in some circumstances. (Such as if you had an informal claim for tdiu already in, and VA ignored it).  

TDIU is not likely to result in SMC T, but, it sounds like someone at VA would suggest other wise, or else they probably would not have suggested you file for TDIU.  

Its your call.  On the other hand, if VA asks you for information, such as that on a tdiu form and you dont comply, I would not be suprised if you were denied.  

VA cant "compel" you to provide additional information, but, you can be denied if there is insufficient evidence to substantiate your claim.  

The "old wives tale" that, if you apply for new benefits, you will be decreased, (reduced) instead, is just that..an old wives tale.  

If you are concerned about a possible reduction, then read the reduction criteria.  

While its true VA does not always comply with its own rules, you have the benefit of appeals if they do not.  

 

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So you are not service connected for TBI?  I am service connected 100% PTSD/TBI.  My TBI alone would have put me at 70%.  The PTSD was 100% so they went with the higher of the two and combined.  I did get a seperate rating for migraines.  If you are filing for a TBI claim, be prepared for a litany of C&P exams to seperate overlapping symptoms.  It's a long road and I think you better get your TBI claim approved before thinking about TBI-T.  That's a very high hurdle to get.  I may pursue it in the future since my symptoms are gradually getting worse with age. Pre dementia level.

Do you have VA approved caretaker?  Pretty sure that is a requirement step for TBI-T.

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