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?

[jamescripps2]

I can't think of any circumstance where I would withdraw a claim rather than stand and fight for it. But, if withdrawal is someone else's strategy, I won't condem it either.

[Mr cue]

If the VA will not process the claim I apply for tbi and smc t.

Unless I did a claim for tdiu when I am alright 100%.

I am not doing a claim for something I didn't apply for. Some ppl may go along.

I am not one of them.

Now if the VA will not process the claim I Started TBI and smc t.

After I write a statement saying I am not applying for tdiu.

An if they still will not process it unless I apply for tdiu . yes I am withdraw it 

An would start over. 

What did you lose 2 3 months.

This is call been proactive. Sorry I am not a VA cheerleader.

So please stop with all the withdrawing claim stuff.

I stated when I post it here come the attack dogs. Smh lol

 

 

[El Train]

Pretty sure the original poster has left the forum shaking his head.  Can we stay on topic?

If I was original poster, there is no reason to file for TDIU.  If the VA determines he's TDIU, it is what it is.  Sounds like they can't work anyhow.  I'd prefer the opportunity to work in limited environment/capacities (which I do) and not have TDIU.  TDIU may take this away from you.

First off, he needs to be approved for TBI.  He is not.  All this talk about TBI-T is for naught.  The VA is supposed to assume TBI-T if his situation is bad enough.  We all know this would have to be a case of 24 hour nursing home care and bedridden (worse case scenario).  So get the TBI approved, then go after TBI-T.  As it stands now, communicating in a logical way on a forum probably disqualifies the VA assuming TBI-T.  As it should.  But that is a fight fought later down the road.

[broncovet]

Chris Attig explains why you should continue perusing claims even when you've reached 100 percent.  Chris Attig is a Veterans law attorney, and has won me additional benefits, AND all my attorney fees were paid by EAJA.  

https://www.hadit.com/6-reasons-to-keep-pursuing-va-claims-and-appeals-after-you-reach-100-2/#gsc.tab=0

SMC, earlier effective dates, and survivor benefits are 3 of those 6 reasons.  You are right I may have confused people, you should read what Chris Attig has to say.  Remember, he is writing to help Veterans..he makes 0 money if you are 100 percent and apply for more benefits.  

If people claim to know more than the attorney's, they should just get their law degree and practice Veterans law.  

Otherwise, maybe at least considering the attorney's advice is prudent.  

I have never known "one single Veteran" who won any additional benefits by withdrawing a claim, or refusing an exam.  EXCEPTION:  There are times when VA "horsetrades" with Vets...you know, if you withdraw xy claim, we will grant ab claim, kind of a thing.  Of course, if you already withdrew your claim, on your own,  then you have nothing to horsetrade with.  

Edited February 10, 2023 by broncovet

[jamescripps2]

7 hours ago, broncovet said:

  Remember, he is writing to help Veterans..he makes 0 money if you are 100 percent and apply for more benefits.  

 

Usually, anytime you win additional benefits the lawyer makes money. If you are 100% and win housebound S there is an increase with retro pay that the attorney collects his percentage. I have been 100% for more than 18 years but I just had to do a $36,000.00 wire transfer to my legal team at CCK because I won additional benefits.

[pacmanx1]

1 hour ago, jamescripps2 said:

I have been 100% for more than 18 years but I just had to do a $36,000.00 wire transfer to my legal team at CCK because I won additional benefits.

I am in a similar situation, but my appeal was at the CAVC, and they did a joint remand which is free and no cost to me the veteran. All lawyers get paid through the EAJA (EQUAL ACCESS TO JUSTICE ACT) when appeals go to the CAVC, but the veteran has to pay if the case is won at the BVA.