TBI claim for SMC-T

[scarf]

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?

[Rattler]

VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability is TUDI 100%. When you filed that form you ask the VA to TUDI you. That is why others are questing it. 

You also can't work a job when you are 100% TUDI. With out seeing the decision letter I am guessing the VA ratted you XX% PTSD and than added the 100% TUDI T & P. 

The question is did they rate you for your TBI. I maybe wrong but I think they would have to give you some knind of ratting number % before you could get SMC-T for your TBI.

[jamescripps2]

When you file for SMC -T the VA will put you under a magnafying glass. SMC-T is reserved for those veterans that cannot qualify for SMC R-2 because they don't have loss of or loss of use of at least two limbs or other qualifying disabilities.

You can see the requirements and qualifications for SMC-T at 38 CFR 3.350 last paragraph (j).

[scarf]

@Rattler767I did not file any  VA Form 21-8940. Read my original post. 

[Mr cue]

8 hours ago, broncovet said:

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

I am trying to understand the VA can make a veteran apply for something they didn't.

An they will denied the issue the veteran appeal for.

So basically the veteran has to apply for tdiu because the VA told him to.

Just trying to get a understanding on this.

Because I have Never heard that.

The veteran stated that they are a 100% for PTSD rating.

What purpose would it be for the VA to tell a veteran they have to apply for tdiu?

Like I stated if you file for tdiu it open up all your disabilities.

I would upload a statement that I am not applying for tdiu I am a lol ready 100%.

I am applying for tbi and smc t for the condition.

I don't see anything more to it.

 

 

 

[scarf]

@Mr cue The reason why I think they want me to complete a TDIU form is because in my personal statement, I said I became unemployed due to the residuals of my TBI and I am currently unable to return back to work. So I think it automatically triggered the TDIU application for my claim.

[pacmanx1]

There are times when it is good that the left hand doesn’t know what the right hand is doing or even up to. Even though it had nothing to do with a SMC rating. I recently and still going through a similar situation.

I am and have been rated 100% P & T for well over a decade. I have had one appeal pending for the entire time. A few years ago, the BVA granted me a partial grant and remanded my appeal back to the VARO. Trying to save time, I filed for an increase of this disability and later found out that I could not file for an increase on a pending appeal, but the VARO requested an updated C & P exam and refused to process my appeal until I filled out a TDIU form. I filled the form out and the VARO requested a medical opinion if my disability would make me unemployable. Well, the examiner filled out a separate DBQ stating that it would and as it all turned out, I was awarded an increase in my rating along with a few extra years of TDIU benefits prior to my 100% scheduler P & T rating.