The Full Picture on Continuing Claims After 100%

[Tbird]

Alright, let's dive deeper into this topic. As a Navy vet and founder of HadIt.com, I've seen firsthand how complex VA claims can be, even after hitting that 100% mark. Let's break this down further and really get into the nitty-gritty.

Protecting Your Rating: It's Not Just About Numbers

When I talk about protecting your rating, I'm not just throwing words around. I've seen too many vets get complacent after hitting 100%, only to get blindsided by a VA review. Here's the deal:

• The VA can initiate a review at any time, especially if your condition isn't considered permanent and total.
• By continuing to file claims, you're creating multiple "anchors" for your rating. It's like diversifying your investment portfolio, but for your VA benefits.
• Each service-connected condition adds another layer of protection. If one rating gets reduced, the others can help maintain your overall percentage.

Special Monthly Compensation (SMC): The Hidden Gem

When I first learned about SMC, it was like discovering a secret level in a video game. Here's what you need to know:

• SMC can significantly increase your monthly compensation, sometimes by thousands of dollars.
• It's awarded for specific situations like loss of use of limbs, need for regular aid and attendance, or housebound status.
• Even if you're at 100%, pursuing SMC can be a game-changer for your quality of life.

Comprehensive Healthcare: Thinking Beyond Today

As vets, we need to think long-term. Here's why comprehensive healthcare coverage matters:

• If you decide to move overseas (and trust me, some of us at HadIt.com have), the VA will only cover treatment for service-connected conditions.
• Foreign Medical Program is a lifesaver, but it's limited to service-connected conditions.
• By documenting all your conditions now, you're setting yourself up for better care down the road, wherever you end up.

Protecting Survivor Benefits: Taking Care of Our Own

This is a tough topic, but it's crucial. Here's the hard truth:

• Some conditions, like ischemic heart disease or certain cancers, are more likely to be considered as contributing to a veteran's death.
• If these conditions are service-connected, it can make a huge difference for your family in terms of Dependency and Indemnity Compensation (DIC).
• It's not just about money – it's about ensuring your family is taken care of and recognizing your service's long-term impact.

The Flip Side: When to Hold Your Fire

Now, I'm all for fighting for what you deserve, but sometimes, discretion is the better part of valor. Here's when you might want to think twice:

• If you have a Permanent and Total (P&T) rating, you're in a good spot. Filing new claims could potentially disrupt this status.
• Minor conditions might not be worth the risk. Ask yourself: "Will this significantly impact my quality of life or care?"
• If you're dealing with VA claim fatigue (yeah, it's a real thing), consider if the potential benefit outweighs the stress of another claim.

Strategic Approaches to Additional Claims

If you do decide to keep pushing forward, here's how to do it smart:

1. Focus on Significant Conditions: Prioritize conditions that have a real impact on your daily life.
2. Get Expert Help: Talk to a Veterans Service Organization (VSO) or an accredited attorney. They can provide invaluable guidance.
3. Build a Solid Evidence Base: Gather comprehensive medical evidence. This isn't just about current records – dig into your service medical records, buddy statements, and post-service treatment history.
4. Prepare for C&P Exams: These can be stressful, but they're crucial. Be honest about your worst days, and don't try to tough it out.
5. Understand the Appeals Process: Know your rights and the various appeal options available if your claim is denied.

The HadIt.com Perspective

Look, I started HadIt.com because I was frustrated with how hard it was to navigate the VA system. Over the years, I've learned that knowledge really is power when it comes to VA claims.Whether you decide to keep filing claims after 100% or not, the most important thing is to make an informed decision. Talk to other vets on our forums, consult with professionals, and always keep fighting for the care and benefits you've earned.Remember, your service didn't stop when you took off the uniform, and neither should your advocacy for yourself and your fellow vets.Stay strong, keep pushing, and never forget – you're not alone in this fight.

View full record

[broncovet]

Great.  Now give us details on what you did, what it took, to get SMC increase.  

[Tbird]

Below is my rating grants for reference.

I was awarded an additional 100% rating effective February 2024, but they did not bump up SMC from L 1/2. So on 9/20/2024 I put in a claim for an increase based on 38 CFR 3.350(f)(4) and based on Federal Circuits decision in Barry v. McDonough my reading of it seems to indicate I would be entitle to M 1/2.

On 10/02/2024 VA called a CUE on themselves on the Feb 2024 decision and rated me SMC M from Feb. I then put in a Higher Level Review request citing Barry and requesting the 1/2 step.

It took nine business days for that claim, I've never had anything go through that fast before. 

I am scheduled for an Informal Hearing tomorrow morning 10/22/2024. I'll let you know how that goes.

Currently I have 2 separate 100% ratings, 1 50% rating and the rest combine to 70% being paid at SMC M.

Ratings History

Discharged from Navy Dec 17, 1990

1990

50% rating for status post hysterectomy-laparotomy Effective date: December 18, 1990

K-1 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ. Effective date: 12/18/1990.

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1993

50% depression/PTSD Effective date: March 19, 1993

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1997

100% rating for major depressive disorder with post-traumatic stress disorder Effective date: April 29, 1997

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2004

0% rating for migraine headaches Effective date: November 29, 2004 

40% rating for urinary incontinence Effective date: November 29, 2004

S-2 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depressive disorder with posttraumatic stress disorder rated 100 percent and being housebound. Effective date: 11/29/2004

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2019

L-2 Entitlement to special monthly compensation based on aid and attendance.The Board of Veterans Appeals decision dated February 8, 2021 reported that based on a review of the medical evidence, the record appears to be in relative equipoise and therefore, as reasonable doubt is to be resolved in the Veteran's favor, it is their determination that entitlement to special monthly compensation based on aid and attendance is warranted. Please see their decision for additional information. (38 CFR 3.102, 38 CFR 4.3)

P-1 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of entitlement to the rate equal to subsection (l) with additional disability, status post hysterectomy-laparotomy independently ratable at 50 percent or more from 08/12/2019.
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2024

10% Service connection for degenerative arthritis, other than post-traumatic, right knee as secondary to the service-connected disability of status post hysterectomy-laparotomy. Service connection for degenerative arthritis, other than post-traumatic, right knee has been established as related to the service-connected disability of status post hysterectomy-laparotomy. (38 CFR 3.303, 38 CFR 3.310) The effective date of this grant is February 22, 2024. Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400) An evaluation of 10 percent is assigned from February 22, 2024.

20% Service connection for left shoulder strain with degenerative arthritis, other than posttraumatic and post-traumatic arthritis and labral tear, including SLAP with tendinosis as secondary to the service-connected disability of status post hysterectomy-laparotomy. Service connection for left shoulder strain with degenerative arthritis, other than posttraumatic and post-traumatic arthritis and labral tear, including SLAP with tendinosis has been established as related to the service-connected disability of status post hysterectomy-laparotomy. (38 CFR 3.303, 38 CFR 3.310) The effective date of this grant is February 22, 2024

30% Service connection for degenerative arthritis, other than post-traumatic, left knee as secondary to the service-connected disability of status post hysterectomy-laparotomy.  Service connection for degenerative arthritis, other than post-traumatic, left knee has been established as related to the service-connected disability of status post hysterectomy-laparotomy. (38 CFR 3.303, 38 CFR 3.310) The effective date of this grant is February 22, 2024.

100% Service connection for ventral hernia as secondary to the service-connected disability of status post hysterectomy-laparotomy. Service connection for ventral hernia has been established as related to the service-connected disability of status post hysterectomy-laparotomy. (38 CFR 3.303, 38 CFR 3.310) The effective date of this grant is February 22, 2024. Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400) An evaluation of 100 percent is assigned from February 22, 2024.