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

[Otrgypsy]

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.

[pacmanx1]

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%.  

[Otrgypsy]

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?

[pacmanx1]

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.