For the most part you’re correct. I see a lot of veterans chasing SMC-S, and it comes down to if it’s worth it. For me it’s not, and I don’t plan on filing for anything else unless I need aid & attendance.
Yes, you can get more than 100 percent. Once you hit 100 percent you then have to file for SMC. SMC is special monthly compensation. The kicker is if you have 100 percent chances are if you look hard enough at the different SMC's you can qualify to get a SMC rating and get paid more. 100 percent is not the stopping point. It's just a separate filing after 100 percent.
Make sure you continue treatment of whatever you have claimed. Private or with the VA. More evidence is not gonna hurt you and secondaries may pile on.
the way ive seen it explained is its easier to get a higher raiting based off the new grading system. its specific to citeria to different categories. if you get a LOI and pick which HLR grading system you have them usem. if you got underrated throw it in with the new grading system. Pretty sure they wont downgrade you.
Know this, if any veteran has been awarded the 100% P&T "and" said veteran goes back and applies for an additional benefit some number of years down the road. Said veteran opens their original claims back up for review! The same could apply to a vet with an 80% rating, reapply and you could loose! Yes that's right, some of your symptoms may have eased up and during reevaluation you could very well loose your P&T status not to mention getting knocked back down to 80 or even 50%. So think twice or maybe thrice before going after some of these newly accepted claims, like burn pit exposure becuase you could end up on the short end of the stick! Duty Honor Country SSG-GMAN
you will be reevaluatede for all the other conditons once at the 100 precent pand t that is it but project 2025 will change that they plan on reevaluating all vets that are on disability in order to make cuts to such........
@@brianharrington-ws2kj wrong P and T is protected and grandfathered in as long as you don’t open any new claims! This new change is for all the scammers who didn’t make it through basic training got medically discharged from the military and are stealing from the honorable discharged vets and combat vets who served their country. If you were a broke 🍆 who got booted in basic, you shouldn’t be entitled to anything! TRUMP2024!
Not true at all. I worked for the VA in the past. VA still has to do their due diligence to decrease your rating. They can't just decrease you automatically.
A veteran is not “safe” or grandfathered in when it comes to sleep apnea. 38 CFR § 3.951 (a) The regulation does provide protection against reductions solely due to a change in the Schedule for Rating Disabilities, but it also allows for reductions if MEDICAL EVIDENCE shows that the condition has actually improved. PL 102-86 and 38 CFR 3.952 provide protection against rating reductions solely due to changes in the rating schedule. These laws aim to safeguard veterans from having their ratings reduced just because the criteria for a rating have changed after a certain date (August 13, 1991, for PL 102-86 or April 1, 1946, for 38 CFR 3.952). These laws would protect a veteran from a schedule change-based reduction. If sleep apnea rating criteria were changed after a veteran’s rating was established, the VA couldn’t reduce the rating based on those schedule changes ALONE. 38 CFR § 3.951: states that disability ratings are protected unless there's medical evidence showing actual improvement. If a veteran’s CPAP data demonstrates “significant improvement” in their sleep apnea, it can be considered valid medical evidence of improvement, justifying a reduction in the disability rating. If the CPAP data shows medical evidence of improvement in the condition, the VA is within its rights to reduce the disability rating. The protection offered under PL 102-86 and 38 CFR 3.952 applies only to changes in the rating schedule, not to medical re-evaluations or improvements in the condition itself. 38 CFR § 3.951 explicitly state that the only basis for reducing a rating that was in effect at the time of a rating schedule change is clear medical evidence of actual improvement, which can be shown by CPAP machine data. The "grandfathering" protection in PL 102-86 and 38 CFR 3.952 does not prevent a reduction based on medical improvement, only schedule changes. Medical evidence (like CPAP data) demonstrating improvement can legally be used to reduce a disability rating under 38 CFR § 3.951(a). This is very troubling news for current service-connect veterans diagnosed with a 50% rating for sleep apnea and is prescribed a CPAP machine.
@@KapRowley yes from the va to me . They are proposing to sever my compensation for hearing loss and titnitus effective 1/1/25 . I work closely with the Baltimore region office . But they can be difficult to communicate with at times
Yes, unfortunately that's the case with many. They've increased workloads and have stricter timelines since the PACT Act deadline. Keep following up and going to your doctor to update them on your symptoms. The more paperwork, the better for you.
If you are 100% P & T leave your rating alone, you can't get more than 100% anyway.
For the most part you’re correct. I see a lot of veterans chasing SMC-S, and it comes down to if it’s worth it. For me it’s not, and I don’t plan on filing for anything else unless I need aid & attendance.
@@zeroturn7091 I'm just learning about SMC and the only one I'm sure of qualifying for is SMC-K
tons of other SMCs you could get
Yes, you can get more than 100 percent. Once you hit 100 percent you then have to file for SMC. SMC is special monthly compensation. The kicker is if you have 100 percent chances are if you look hard enough at the different SMC's you can qualify to get a SMC rating and get paid more. 100 percent is not the stopping point. It's just a separate filing after 100 percent.
You can with SMC, but its usually for severe conditions. I agree, it's been to leave it alone.
Make sure you continue treatment of whatever you have claimed. Private or with the VA. More evidence is not gonna hurt you and secondaries may pile on.
Well said!
the way ive seen it explained is its easier to get a higher raiting based off the new grading system. its specific to citeria to different categories. if you get a LOI and pick which HLR grading system you have them usem. if you got underrated throw it in with the new grading system. Pretty sure they wont downgrade you.
That's smooth, thanks for sharing
If you weren't sarcastic, we wouldn't trust you :) Thank you for the info
Why so serious?
Know this, if any veteran has been awarded the 100% P&T "and" said veteran goes back and applies for an additional benefit some number of years down the road. Said veteran opens their original claims back up for review! The same could apply to a vet with an 80% rating, reapply and you could loose!
Yes that's right, some of your symptoms may have eased up and during reevaluation you could very well loose your P&T status not to mention getting knocked back down to 80 or even 50%.
So think twice or maybe thrice before going after some of these newly accepted claims, like burn pit exposure becuase you could end up on the short end of the stick!
Duty Honor Country
SSG-GMAN
Thanks for the info SSG-Gayman!
you will be reevaluatede for all the other conditons once at the 100 precent pand t that is it but project 2025 will change that they plan on reevaluating all vets that are on disability in order to make cuts to such........
@@brianharrington-ws2kj wrong P and T is protected and grandfathered in as long as you don’t open any new claims! This new change is for all the scammers who didn’t make it through basic training got medically discharged from the military and are stealing from the honorable discharged vets and combat vets who served their country. If you were a broke 🍆 who got booted in basic, you shouldn’t be entitled to anything! TRUMP2024!
Not true at all. I worked for the VA in the past. VA still has to do their due diligence to decrease your rating. They can't just decrease you automatically.
Even in regards to the 10 year rule and being over 55
A veteran is not “safe” or grandfathered in when it comes to sleep apnea.
38 CFR § 3.951 (a) The regulation does provide protection against reductions solely due to a change in the Schedule for Rating Disabilities, but it also allows for reductions if MEDICAL EVIDENCE shows that the condition has actually improved.
PL 102-86 and 38 CFR 3.952 provide protection against rating reductions solely due to changes in the rating schedule. These laws aim to safeguard veterans from having their ratings reduced just because the criteria for a rating have changed after a certain date (August 13, 1991, for PL 102-86 or April 1, 1946, for 38 CFR 3.952).
These laws would protect a veteran from a schedule change-based reduction. If sleep apnea rating criteria were changed after a veteran’s rating was established, the VA couldn’t reduce the rating based on those schedule changes ALONE.
38 CFR § 3.951:
states that disability ratings are protected unless there's medical evidence showing actual improvement.
If a veteran’s CPAP data demonstrates “significant improvement” in their sleep apnea, it can be considered valid medical evidence of improvement, justifying a reduction in the disability rating.
If the CPAP data shows medical evidence of improvement in the condition, the VA is within its rights to reduce the disability rating. The protection offered under PL 102-86 and 38 CFR 3.952 applies only to changes in the rating schedule, not to medical re-evaluations or improvements in the condition itself.
38 CFR § 3.951 explicitly state that the only basis for reducing a rating that was in effect at the time of a rating schedule change is clear medical evidence of actual improvement, which can be shown by CPAP machine data.
The "grandfathering" protection in PL 102-86 and 38 CFR 3.952 does not prevent a reduction based on medical improvement, only schedule changes.
Medical evidence (like CPAP data) demonstrating improvement can legally be used to reduce a disability rating under 38 CFR § 3.951(a).
This is very troubling news for current service-connect veterans diagnosed with a 50% rating for sleep apnea and is prescribed a CPAP machine.
under project 2025 that wiill all change bascily all protections will be out the door
@@brianharrington-ws2kj Under Project 2025, All VA Benefits will be out the door.
Thanks for sharing. Very detailed.
Nice work. How can I get help (advice) on fighting a CUE sent from the VA to me 7/22/24. 1/1/25 is dead line
Are you referring to a Clear and Unmistakable Error?
@@KapRowley yes from the va to me . They are proposing to sever my compensation for hearing loss and titnitus effective 1/1/25 . I work closely with the Baltimore region office . But they can be difficult to communicate with at times
Yes, unfortunately that's the case with many. They've increased workloads and have stricter timelines since the PACT Act deadline. Keep following up and going to your doctor to update them on your symptoms. The more paperwork, the better for you.