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To file or not to file?

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CapnHaddock

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Good Morning,  Not sure if this question has been asked before.  In my recent work to help a family member file for VA disability for toxic exposure it hit me that I qualify under the new and upcoming efforts under the PACT ACT.  I am 67 and 100 % P&T already for a myriad of items most of which are related to arthritis, joint, feet, eye etc...  I have been exposed to a number of carcinogens, asbestos, and radiological issues brought up in the new effort starting March 5th and we also just discovered that I spent 9 months at Camp Lejune as a child (30 days is the requirement).  My thoughts are as follows:

If I come down with cancer and lose that battle, I want my wife to be able to receive DIC.  (married 38 years and P&T for 8years).  She deserves that and more.  I have to look the fact that arthritis will probably not kill me, however cancer or heart disease probably will (or just plain stupidity).  

I am really tired of doctors and tests - I do not want to go through re-examination of old issues that are under award.  I am not scared of them - just tired of it.  

How do I get all of this stuff on my record to protect my wife and not open up pandoras box?

Warm regards in the halls of Valhalla,

Capn Haddock   

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File.  Go through the tests and paperwork for your wife and family.  They are worth it.  Better yet, file for yoU!   You may have been told the "myth" that 100 percent is as high as it goes.  Not true.  

You can get up to SMC R2 which is currently $10,905 per month if you are married.  Source:  https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

While you may not get R2, a more likely way is to get SMC S.   Or, down the road if you need help there is aid and attendance, SMC L.  Heck I dont know.  You could be getting that already also.  

Some people dont know you can still get A and A even if the assistance given is by a relative.  

Source:  https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR6477ad08d327384/section-3.352. Scroll down to where it says, 

Quote

(c) Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.

 

SMC S is if you have a single 100 percent, plus an additional combined 60 percent seperate and distinct.  SMC s, brings in "about" another $450 per month.  If you already have 100 percent, you may not be that far at all from that one.  Another disability or two, and you could be there!  

SMC K is also not impossible and often overlooked.  Its for loss of use, and that includes loss of use of a sex organ.  Yep that includes SC Erectile dysfunction.  It needs to be SC or related to one or more meds you are taking for SC disabilities.  

 

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Broncovet - All of those are really good points.  Sometimes I am looking at the answer and I need someone to beat me upside the head with it to remind me.   As I am slowly losing the use of a foot (sc) I need to start looking at all of this again.  Thank you!  Capn Haddock

Edited by CapnHaddock
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If you have DMII or use pain meds then you have a good case for "K".  Ask your VA doctor to get you a script for this problem.  

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No such thing as a dumb question - DMII? That is a new abbreviation to me.

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Just a quick follow up - I put together a letter detailing all 8 ships I have been on with the PCE/TCE/Benzene/Asbestos/PFOA and sent it to medical to have them put it in my record.  I was told to call the PACT Act line.  I did that and after a very pleasant discussion (I am being serious - this guy had customer service down perfectly) we came to the conclusion that the PACT ACT is to get those who don't have medical benefits care.  I am not complaining - I am 100% and I have care.  Most of my day-to-day issues are related to my compensated disabilities.  It is the every 6/12 month check ups for growths on my liver, cholesterol, BP, and breathing issues that I can tie to the exposure issues.  It is just a matter of time (no matter how clean I live) and I am trying to take care of the wife.  I see my PCM in about a month and will discuss, but in the meantime I am working to get my letter in my jacket as part of the official record.  I am working with local toxic exposure doctor to get some letters drawing correlation between the physical issues and the exposure.  I will file a claim then with the correlation between the exposures and the issues.  I am not eligible nor need SMC luckily and DMII is not an issue.  I know the system will tell me that certain illnesses are presumptive, but I want to be 100% sure if it happens and I don't want to worry about it then.  Will post as this advances.

Warm regards in the halls of Valhalla,

Capn Haddock

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