To start off, I was medically retired, TDRL, September of 2017. IDES found me unfit, and the VA rated my referring condition at 100%. When I got my formal letter in the mail after I retired, my other conditions totaled over 60%, so I then was eligible for SMC-S. I have a few questions about all of this. First, I want to say that I more than likely will be put on the PDRL(knock on wood), as my condition is not getting better. I am not 100% with unemployability currently. Will the VA ever change me to 'unemployable', even though I am not currently? I have heard some folks say that there will come a point where the VA will tell me that I will not be eligible to work and collect a pension at the same time. Also, if was to start working, could that effect my outcome when I go to my next board? Thank to anyone in advance!
Question about 100% VA disability with SMC-S
- Thread starter WestCoastSailor2790
- Start date
When you are 100% schedular, even P&T you can still work if you desire to and are able to work. The only people that can not work or people who are rated less than 100% and ask for Individual Unemployability, which raises there payment to 100% based on not being able to work.
Thank you. I guess my only question then would be could your rating ever go down? Do they ever get to a point where they will say that my rating would be locked in for the rest of my life? Unfortunately, my health is pretty bad, and I'm just trying to figure out finances.
Re: "... September of 2017. IDES found me unfit, and the VA rated my referring condition at 100%. When I got my formal letter in the mail after I retired, my other conditions totaled over 60%, so I then was eligible for SMC-S. I have a few questions about all of this. First, I want to say that I more than likely will be put on the PDRL(knock on wood), as my condition is not getting better. I am not 100% with unemployability currently. Will the VA ever change me to 'unemployable', even though I am not currently?"
1. Generally, the VA will not change a 100% rating to IU. The compensation rate is the same, plus with 100%, one does not need an IU characterization.
Veterans with a P&T Rating (Permanent and Total) will usually not be scheduled for a reexamination. The same goes for injuries that are considered permanent or static. These include injuries that will never change, such as a missing limb. However, some medical conditions are not considered permanent, and may be subject to reexamination and possible reduction of the VA compensation rate.
2. SMC-S
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.
Ron
1. Generally, the VA will not change a 100% rating to IU. The compensation rate is the same, plus with 100%, one does not need an IU characterization.
Veterans with a P&T Rating (Permanent and Total) will usually not be scheduled for a reexamination. The same goes for injuries that are considered permanent or static. These include injuries that will never change, such as a missing limb. However, some medical conditions are not considered permanent, and may be subject to reexamination and possible reduction of the VA compensation rate.
2. SMC-S
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.
Ron
How would I know if my disabilities are considered P&T, or permanent. Will it say that somewhere on eBenefits?
I have not looked at eBenefits in quite a while, but I believe one of the letters that can be downloaded will state whether you are P&T. If not there, another document in the same area summarizes your benefits and a statement that you are P&T is within, if applicable. Sorry, I have rarely used eBenefits except to file claims and change financial institutions.
Your VA award letter probably addresses the issue and those who are P&T are authorized Chapter 35 benefits. My award includes the Chapter 35 info.
Note: P&T = "Permanent and Total"
Ron
With a P&T rating you are not subject to reexamination unless a clear and unmistakable error is found or fraud.
At some point, if your condition is not expected to improve will your rating change to P&T? I'm guessing at some point I will have to undergo another evaluation?
Go on E-benefits. Download your detailed benefit letter. It will say is your percentage is permanent. If so, as state by @gsfowler, rerating will not happen except error or fraud.
Ahh I see it now. I am not P&T at the moment. Thank you.