Should I Be At Smc L 1/2?

[ollie100]

• .Benefits Special Monthly Compensation Benefits

You are receiving the following compensations


SMC (L-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 12/06/2011.Rating Date : 01/26/2013

SMC (P-1) Effective Date : 12/06/2011 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 schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. .



..My wife was looking thru ebenefits and noticed this feature.. .Should I be getting paid at SMC L or L 1/2. .....Im confused....Im getting paid at the SMC L level......Im rated at 100% P&T and the A&A is probably for all of my disabilities.....Thank you for your responses and your service!!!!!

[FormerMember]

<<<<<<<<<< 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011.>>>>>>>>>>>

 

The answer is simple. If you are rated 50% over and above a 100% schedular (but notTDIU), 38 CFR 3.350 (f) (3) kicks in.:

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

 

Your ratings indicate you are 50% or more above 100% so they automatically go up 1/2 step from L to L 1/2. If you have two dissimilar ratings for 100% they would give you the full step from L to M. I'm in the process of doing this now at the BVA on appeal. I have one 100% schedular for HCV and fought a long CUE battle to get SMC S back to 94. When VA caved in at the CAVC after I filed my Extraordinary Writ in January, they granted 60% for the Agent Orange disease ( Porphyria). This entitled me to what you are talking about (3.350(f)(3) My 2008 C&P clearly said "totally disabled" due to Porphyria alone. If I prevail on it, then I qualify for the full bump from L to M (3.350(f)(4) after I get my driver's license for a wheelchair. Build it before you get there. If you even suspect you are entitled to a full schedular rating for any one of your diseases, do it now so the wifesan won't have to fight this when you are toast. Most VSO reps would not be aware of this. Hell, my VLJ at the travel board hearing had to look it up. It's not very well known. Funny how VA forgets to mention these things, huh?

 

 

Edited January 11, 2016 by asknod

[ollie100]

Thank you for the info..looks like a mistake was made..Im gonna take my paper work to a VSO.

[ollie100]

So, an update...apparently a mistake was made by ebenefits..in determining my A&A, all of my disabilities were used to grant A&A..therefore no half step can be granted as no disability can be used twice to grant additional benefits.

[zeelarry]

I am confused about them using up the additional disability percentages to grant A&A.

I thought that A&A stood on it's own.

[Chuck75]

"all of my disabilities were used"

The VA can/might say this, and they have been known to cheat by using less favorable interpretations.

For instance, it's possible to use up all disabilities, and never reach exactly 100%.

Yet, from a TDIU standpoint, you might not need to use all of them up at that point.

Also remember that if there is a more favorable method, the VA is supposed to use it.

SMC levels are not as cut and dried as the VA would like veterans to believe.

[ollie100]

Zeelarry....A&A does not stand on its own..all depends on what is stated in the exam for A&A 21-2680...let's say you're 100% for one disability and another 100% for something completely different..if both of these disabilities are used to determine A&A you will get smc L..if only one of these disabilities is used to grant A&A, the other 100% will be used to get you to SMC M (a full step for 100%...half for 50% and up)...as I said..no disability can be used twice to grant additional benefits.

I have a hard time reading legalese...it took an expert on smc to explain this to me in a layperson way...the VSO nor the folks on the va 800 line had a clue.