S Rating Criteria

[courier71]

Maybe this topic has been beaten to death but I will ask anyway.

I am a 100% disabled vet. My highest single rating is 90% for my right shoulder. In addition I have a loss of use rating and a 10% rating for scars from 3 total right shoulder replacement surgeries and 2 right shoulder rotator cuff repairs. I have additional ratings that combine to well over 60%

My understanding is that to qualify for an S rating one must have a SINGLE disability rated at 100% in addition to other non related disabilities combining to 60% or higher. My question is would the VA consider my 90% rating for my right shoulder, 10% rating for right shoulder scars and a 10% rating for my left shoulder due to over use be considered as a single 100% rating? My reasoning is that they all occurred because of the injury to my right shoulder.

I appreciate any comments on my situation.

courier70

PS - I was a hadit member several years ago but have not been active lately

[Teac]

Maybe this topic has been beaten to death but I will ask anyway.

I am a 100% disabled vet. My highest single rating is 90% for my right shoulder. In addition I have a loss of use rating and a 10% rating for scars from 3 total right shoulder replacement surgeries and 2 right shoulder rotator cuff repairs. I have additional ratings that combine to well over 60%

My understanding is that to qualify for an S rating one must have a SINGLE disability rated at 100% in addition to other non related disabilities combining to 60% or higher. My question is would the VA consider my 90% rating for my right shoulder, 10% rating for right shoulder scars and a 10% rating for my left shoulder due to over use be considered as a single 100% rating? My reasoning is that they all occurred because of the injury to my right shoulder.

I appreciate any comments on my situation.

courier70

PS - I was a hadit member several years ago but have not been active lately

No I don't think so....because clearly your not rated 100% for one issue.

However if you are rated TDIU because of one medical issue and have additional disabilities rated at 60% or more than you would be entitled to the SMC.

[john999]

I was rated TDIU at 70%. Over the years I got additional ratings of over 60%. I qualified for "s", but I had to claim it. I should not have had to claim it. I claimed it as a CUE. It was so clear under Bradley vs Peake.

[courier71]

Thanks for the replies.

From what I have read my 90% right shoulder rating and 10% left shoulder disability which is secondary to my right shoulder condition should be considered a single disability. When you combine them and use the bilateral factor you get 100%. This along with my other non connected disabilities combining at over 60% should make me eligible for the SMC s rating. There must be a flaw in my reasoning and I welcome any comments.

Thanks,

courier71

[Philip Rogers]

I'm going to disagree w/Teac, regarding the single 90% rating, for your right shoulder, but I need to know the ratings code they used, just to be sure. If, in fact, you are 90% for that shoulder and weren't working then they probably should've considered you TDIU. Look at your original decision "reasons and bases" and see why they didn't award TDIU. If they didn't award TDIU and should've, I'd file a NOD, if within the 1 yr, or a CUE, if over, for the TDIU and I'd add in the SMC "s" award claim to that. jmo

pr

[Teac]

I'm going to disagree w/Teac, regarding the single 90% rating, for your right shoulder, but I need to know the ratings code they used, just to be sure. If, in fact, you are 90% for that shoulder and weren't working then they probably should've considered you TDIU. Look at your original decision "reasons and bases" and see why they didn't award TDIU. If they didn't award TDIU and should've, I'd file a NOD, if within the 1 yr, or a CUE, if over, for the TDIU and I'd add in the SMC "s" award claim to that. jmo

pr

What is your disagreement about? Clearly if he is only 90% he is not eligible for the SMC...As to your comments, that is good advice but we don't know what the va did or did not consider when he was awarded his 90%. My understanding is that The va is not obligated to consider TDIU unless it was asked for or implied. At the most the va might have been obligated to send him a form for TDIU, beyond that it is the veterans responsibility alone.

It is possible bilateral ratings could help get to a single 100% rating, that I am not sure about. The fact that something is secondary to a 90% rating, does not matter.