I already have 100% disability so uncertain if I should submit the application for the PACT Act. Suggestions?
Receiving 100% Disability. Any benefit to filing for PACT?
- Thread starter soldieradvocate
- Start date
Hello,
1. You might qualify for SMC-S.
i) 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.
If you have other disabilities you might qualify for SMC-S, which pays a higher amount than 100%.
SPECIAL MONTHLY COMPENSATION UNDER 38 U.S.C. 1114(s) - 38 CFR 3.350(i)
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Ron
Filing for anything does open up the possibility of being reevaluated for everything. While unlikely, there are examples of vets with 100% P&T being reduced after filing a new claim. This is known colloquially as “poking the bear.”
What Ron brought up is excellent. To add another benefit: DIC is a monthly payment to surviving family members (usually a spouse). If you are 100% P&T for 10 years then any condition cause of death will provide the benefit. However, if 100% P&T for less than 10 years then only causes of death from a service connected injury/illness is covered. So if the new condition you’re considering is something you could die from, and you have surviving dependents then it may be wise to open a new claim.
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So does anyone have faith in this below statement? It was repeated during the speeches by VA heads. But do you notice the wording? It appears to leave the VA an out to readjudicate for reasons other than the filing.
I'm 100% PT & IU with only 1% off from SMC-S and eligible for SMC-K. Truthfully, I'm afraid to put in the PACT claim.
From military.com and a VA pamphlet
I'm 100% PT & IU with only 1% off from SMC-S and eligible for SMC-K. Truthfully, I'm afraid to put in the PACT claim.
From military.com and a VA pamphlet
PACT ACT Myth: Filing for New Benefits Puts Your Old Benefits at Risk.
Veterans who already receive health care, benefits or compensation for a service-connected condition will not have their claims readjudicated simply because they file for new benefits under the PACT Act.
Hello @DaveK ,
Based on the comments of two VA employees of the VA(on another board where I participate), one retired after 30 years, and the other still active as a rater:
—the VA does not search for reasons to readudicate claims/awards.
—IF they discover an error that was made previously, that could cause further action.
In other words, this statement is accurate: “It appears to leave the VA an out to readjudicate for reasons other than the filing.” EXCEPT it is not an “out”; it is a routine part of their job.
Years ago, when I was processing Army finance records, I would find a payment made in error. I did not sweep it under the rug; I fixed it. This is not exactly the same thing, except I found the error while performing a routine examination.
Good luck,
Ron
Based on the comments of two VA employees of the VA(on another board where I participate), one retired after 30 years, and the other still active as a rater:
—the VA does not search for reasons to readudicate claims/awards.
—IF they discover an error that was made previously, that could cause further action.
In other words, this statement is accurate: “It appears to leave the VA an out to readjudicate for reasons other than the filing.” EXCEPT it is not an “out”; it is a routine part of their job.
Years ago, when I was processing Army finance records, I would find a payment made in error. I did not sweep it under the rug; I fixed it. This is not exactly the same thing, except I found the error while performing a routine examination.
Good luck,
Ron
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Mr. Ron,
I always appreciate your insight and effort to help everyone. That really does put my mind at ease. I just went through the Toxic screening and am awaiting the report. If it comes out the way I believe it will, I'll likely be filing for PACT then.
Thank you,
Dave
I always appreciate your insight and effort to help everyone. That really does put my mind at ease. I just went through the Toxic screening and am awaiting the report. If it comes out the way I believe it will, I'll likely be filing for PACT then.
Thank you,
Dave
Mr. Ron,
The VA Toxic screening added lots of new diagnoses as well as more "exposure problems" totaling 13 new. However, I found my old IU application from almost 9 years ago. Apparently I applied for IU under both my physical issues as well as PTSD. It appears that makes me ineligible for SMC-S as it would need to state only my PTSD as that is my highest rating. I guess I will not be applying after all. Thanks again for the help tho.
Dave
The VA Toxic screening added lots of new diagnoses as well as more "exposure problems" totaling 13 new. However, I found my old IU application from almost 9 years ago. Apparently I applied for IU under both my physical issues as well as PTSD. It appears that makes me ineligible for SMC-S as it would need to state only my PTSD as that is my highest rating. I guess I will not be applying after all. Thanks again for the help tho.
Dave