Disability rating above 100% ?

[SailingCyclops]

Hi:

I served 2 tours in Nam (USN-MRF) 1968 and 1969. I have been rated 100% Service connected due to Neuropathy and PTSD. I also have suffered from Hypertension over the past 20 years, and was recently treated for lung cancer. I have been getting all of my health care from the VA system for the past 30 years.

My question is; now that the new Pact Act has been passed, both Hypertension and lung cancer are now presumptive conditions. Should I apply for the new approved conditions? It seems dumb to do so, since I am already at 100%. Some folks have urged me to file the claim, but the effort does not seem to be a benefit to me. As far as I can tell you can't get more than 100%.

What say you all??

 

 

 

[pacmanx1]

The simplest answer is yes, you should look into what SMC payment are. SMC (Special Monthly Compensation) payments are awarded to veterans rated over 100% P & T and above. Not knowing what your service-connected disabilities are, there is a chance by filing additional claims you may qualify. There is a lot of information online, check it out. 

VA Special Monthly Compensation Factsheet

[brokensoldier244th]

If one of your SC conditions is 100 then a combined rating of 60 or higher for things not part of that 100% would be statutory SMC-S. Look up SMCs and you'll see that in some circumstances more that 100% is possible. 

Edited May 4, 2023 by brokensoldier244th

[Rattler]

Let me put it into more simple terms. If you apply for PACK ACT and you are at 100% as brokensoldier244th sated if you you have one ratting 60% or more and you add the presumptive PACT ACT issues like your Hypertension,  and  lung cancer. (assuming you are not service connected for them and even if they are) They both fall under presumptive for the PACT ACT meaning you do not have to prove that they are service connected. There are a lot of different benefits to Special Monthly Compensation. If you need help with daily living assistance it could add around $2000 to your check. You can get money to adapt you house it can bump your check even higher depending on your situation and you dependents. 

The only question I have for you is how long have you been 100% if its past 5, 10, and 20 years it is unlikely your 100% ratting will be reduced if you apply for anything else.

Let us know if you apply and how you make out.

[SailingCyclops]

Thanks folks! I will look into this a further. Re: Rattler's question: I applied 20 years ago, and was awarded 100% 15 years ago. Your question raises a concern. Can my application result in a reduction in rating? If so, then this is not something I will do. 

I had been homeless for over 10 years prior to getting rated, and then section 8 housing. I can't ever go back to those days. I am 76 now, not doing too badly! 

 

 

[brokensoldier244th]

At 15 yrs the amount of effort and documentation it would take to reduce would be considerable- at worst, and nigh impossible, other than fraud, at best. 

 

Plus, much if the time if your claimed contention doesn't span across other contentions we don't go digging anyway, no time and no reason. 

[jamescripps2]

100%, as far as I am concerned, is only a baby step. I am rated R-2. That is twelve steps above 100%. My Check is 10,567.47 per month. Check it out. 

https://www.military.com/benefits/veteran-benefits/special-monthly-compensation-smc-tables.html

Edited May 5, 2023 by jamescripps2