additional monetary benefit over 100%

[LESASSIER]

Many vets who use lawyers to submit their claims have reported they received an additional $400 or more than the regular standard benefit amount.  I have been assigned 80% and TDIU to bring me to 100%.  I do have some things debilitating for which other vets have been compensated.  Do I submit another claim or just leave it alone?  

[pacmanx1]

21 minutes ago, LESASSIER said:

Many vets who use lawyers to submit their claims have reported they received an additional $400 or more than the regular standard benefit amount.  I have been assigned 80% and TDIU to bring me to 100%.  I do have some things debilitating for which other vets have been compensated.  Do I submit another claim or just leave it alone?  

Yes, you will have to apply for additional claims, if you want additional benefits. Provided that you meet the criteria below there are additional benefits. 

Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

eCFR :: 38 CFR 3.350 -- Special monthly compensation ratings.

So, the bottom line is you will need a single 100% or single TDIU plus and additional separate 60% to get SMC-S. Outside of that, you can review the regulation and see if you qualify for any other SMC. 

 

At the present time you only have a TDIU rating that is not a single rating, it is a combined rating in which you would not qualify. Your overall rating is 80% but the VA pays you at the combined 100% TDIU rating which is totally different than a Total rating plus 60%

 

Edited November 12, 2023 by pacmanx1

[Dustoff1970]

Here is perfect example of pacmanx comment response to you.

Since 1998 I have been rated P&T TDIU for 70% Nam PTSD.  Then earlier this year I was awarded the additional monetary compensation known as SMC-S due to additional claims I filed in 2017 for Sleep apnea due to PTSD and Agent Orange Heart Disease of 30% (now 60%).

This 50% plus 30% added up to more than 60% and qualified me for the SMC-S backdated to 2017.

Since then I have received additonal ratings for GERD at 60%, Tinnitus at 10% and hypertension or HTN at 0%.  

IMHO you have very little to lose and everything to gain by filing claims for your additional disabilities.  Your lawyer seems to know his/hers stuff.

Your additional disability/s must be for different body parts separate from your TDIU disability just like my example here.

My comment is not legal advice as I am not a lawyer, paralegal or VSO. 

 

Edited November 12, 2023 by Dustoff1970

[namvet6567]

Quote

5 hours ago, pacmanx1 said:

Yes, you will have to apply for additional claims, if you want additional benefits. Provided that you meet the criteria below there are additional benefits. 

Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

eCFR :: 38 CFR 3.350 -- Special monthly compensation ratings.

So, the bottom line is you will need a single 100% or single TDIU plus and additional separate 60% to get SMC-S. Outside of that, you can review the regulation and see if you qualify for any other SMC. 

 

At the present time you only have a TDIU rating that is not a single rating, it is a combined rating in which you would not qualify. Your overall rating is 80% but the VA pays you at the combined 100% TDIU rating which is totally different than a Total rating plus 60%

 

I'm sorry to disagree with you but one can receive TDIU & SMC-S, by "in fact" being HB or needing A&A.  HB doesn't mean you can't leave your house and A&A can be need help w/meds, cooking, cleaning, etc.  I knew people who were receiving it.  My suggestion is to apply for it and any other benefits/ratings you can.  Your new career is your claim(s).  If you don't apply, don't expect the VA to provide for you.  Remember all correspondence with VA should be written, not phoning.

 

[pacmanx1]

3 hours ago, namvet6567 said:

I'm sorry to disagree with you but one can receive TDIU & SMC-S, by "in fact" being HB or needing A&A.  HB doesn't mean you can't leave your house and A&A can be need help w/meds, cooking, cleaning, etc.  I knew people who were receiving it.  My suggestion is to apply for it and any other benefits/ratings you can.  Your new career is your claim(s).  If you don't apply, don't expect the VA to provide for you.  Remember all correspondence with VA should be written, not phoning.

Not sure what you are disagreeing to so let me break this down. First, I stated that the veteran would have to file additional claims if he/she wants to be granted additional benefits. Secondly, I stated that a veteran needed to have a single 100% or a single TDIU plus an additional 60% to get to SMC-S. I then finally stated that outside of that criteria the veteran should review the regulation to see if he/she qualifies for any SMC payment.

Not knowing the veteran’s percentage breakdown, we are just guessing, and it make no sense telling someone that they meet the criteria when we really don't know. So, If I am wrong then I am wrong. It doesn’t matter what you or I have seen, it only matters what the veteran’s medical evidence can prove and or support. I also provided the 38 CFR 3.350 SMC regulation. 

 

Edited November 12, 2023 by pacmanx1

[namvet6567]

pacmanx1 - I didn't say you were wrong, nor did I intend to.  I merely stated that I disagreed with some of the post.  It took me 31yrs to get my "S" award (I won), even though the evidence, that was finally accepted as proof, was there in the original claim.  A BVA lawyer finally agreed on my many claim trips to the BVA.  The VA often quotes the CFR's but those are very misleading and is why they do it.  Delay, deny, and round and round it goes.   I should note here also, that I believe is still true.  Anytime the VA diagnoses something new it is considered a claim.  The problem lies in that claims and medical services are separate.  In the future I can refrain from posting, if you or anyone else prefers.  Regards, Flip

[pacmanx1]

6 hours ago, namvet6567 said:

pacmanx1 - I didn't say you were wrong, nor did I intend to.  I merely stated that I disagreed with some of the post.  It took me 31yrs to get my "S" award (I won), even though the evidence, that was finally accepted as proof, was there in the original claim.  A BVA lawyer finally agreed on my many claim trips to the BVA.  The VA often quotes the CFR's but those are very misleading and is why they do it.  Delay, deny, and round and round it goes.   I should note here also, that I believe is still true.  Anytime the VA diagnoses something new it is considered a claim.  The problem lies in that claims and medical services are separate.  In the future I can refrain from posting, if you or anyone else prefers.  Regards, Flip

The way I see it is there is no reason for you to stop posting, I just did not understand what you were disagreeing to. Now as to the regulation and the VA making sure that veterans are confused. Keep in mind that the VA is supposed to follow not only the regulations, but they are supposed to follow Precedential Decisions. Once a veteran is rated 100% P & T, and then awarded additional ratings/benefits, the VA has a duty to assess all the veteran’s disabilities to determine if the veteran qualifies for SMC-S but instead, the VA forces veterans to file a claim for SMC-S and tries to cheat veterans out of retroactive benefits. 

According to Precedential Decision Buie v Shinseki, the VA is supposed to assess the veteran’s disabilities to determine if the veteran meets the criteria of SMC-S and it does not state anything about the veteran filing a claim or new claim for SMC benefits. It states that the VA have a duty to maximize the veteran’s benefits. So, if the veteran meets the criteria, why have the veteran file an additional claim? 

The best thing about Buie v Shinseki is that it states that, if after such assessment, VA determines that the claimant/veteran 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. That is Buie v Shinseki, 24 Vet, App. 242, 250-251 (2010) amended (Apr. 21, 2011).