Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

RATED 100% P&T IS THERE ANYTHING TO GAIN BY INCREASING RATINGS

Rate this question


Otrgypsy

Question

I am rated 100% P&T. I need to appeal because without medical evidence they claimed all my disabilities entitle me to TDIU. It can not be legitimately disputed that I am entitled to TDIU based on only the brain injury and its effects. No Doc addressing the TDIU mentioned anything but the brain injury. The raters through in everything else on their own.

The medical evidence clearly entitles me to an increase in the Sleep disorders rating and/or a separate rating for chronic fatigue syndrome. But would that be off any tangible benefit to me?

I believe if I make it a one issue appeal - entitlement to SMC S, I stand a better chance of both a quicker result and possibly getting a preference granted based on age and illness.

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • 0
  • Moderator
1 hour ago, Otrgypsy said:

I am rated 100% P&T. I need to appeal because without medical evidence they claimed all my disabilities entitle me to TDIU. It can not be legitimately disputed that I am entitled to TDIU based on only the brain injury and its effects. No Doc addressing the TDIU mentioned anything but the brain injury. The raters through in everything else on their own.

Trying to help and doing a little more reading. You are currently rated as a combined 100% schedular P & T and no more. As you stated the VA lumped all your conditions together and that is why they probably did not consider a SMC consideration. For SMC you would need a single 100% rating plus 60% or a single TDIU rating plus an additional 60%.  

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0

It is  possible that my question is so basic that you missed my drift. However, just learning about SMC for the first time has brought home to me the fact that there is a lot I do not know about the VA regs and ratings.

I understand that increasing the ratings on my less severe disabilities will not change my entitlement to SMC S, as things stand. I am thinking about waiving the failure to to properly rate the sleep disorders and chronic fatigue. However, I want to know if I might be shooting myself in the foot by doing so.  Without regard to any questions about SMC S would having a rating of anywhere from 60% - 100% for sleep disorders actually get me anything more then the ink on the page saying I have a greater rating? Would that without regard to SMC, S entitle me to any other financial benefits? Or would seeking to increase the current ratings be a meaningless exercise - even if successful?

Link to comment
Share on other sites

  • 0
  • Moderator

Actually, I think I understand your situation and I of course do not know how your claims were filed or processed but I do believe if you have a medical opinion that your service-connected mental health issue alone causes you to be unemployable would satisfy the SMC criteria. I am not sure, but have you read Buie V. Shinseki? It basically is a precedential decision that can be cited that states the VA has a duty to maximize the veteran's benefits by assessing the veteran's disabilities to determine if the veteran meet the SMC criteria by reviewing his/her disabilities. I am quite sure it is here somewhere because I have been posting it since I found it several years ago.    

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use