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83 questions in this forum
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Trying to figure out if a qualify for SMC S
Long time reader, first time posting. Confused about SMC. 100% SC P&T scheduler. Confused because in my last letter RO sent form 21-526 but no explanation if I should complete. I still have 2 unrated claims for lumbar spine and sciatica - which are currently rated at 0% service connected. Been through a C&P for both. Would I qualify for SMC? 60% CAD - heart -hypertensive heart disease 50% Sleep Apnea 30% Lft Ventrical - heart 30% Migraines 30% Bilateral Plantar Fasciatas 20% Prostatitas 10% Hips 10% lft shoulder 10% rt shoulder 10% lft knee 10% tinnitus 10% eczama 10% GERD 10% wrist 1…
0 votes15 answers -
Apprehensive about submitting for SMC S
Here I am a year later and I have yet to submit 526ez for Smc S. I am attaching all the paperwork for my inferred SMC S. Along with an email I received from my VARO after she was contacted by Allison Hickey. (it did not help in my case) I feel like I am opening my self up for a complete review. I do not go to the VA and have not since 2003. The State VSO that I go to is ok. However he put down an eed of 2002. I told him I only requested eed back to Bradley vs Peake. I am all over the place with this. I received a lot of great advice last year, but when I try to apply it with the VSO and according to the tone of the email from the VA…
0 votes12 answers -
SMC J; SMC S, What to file for?
Scenario: VA awarded veteran a 100% PT IHD Agent Orange Claim (Nehmer) filed back in 2010. But neglected to award SMC. When you file, should you request SMC J or SMC S? (SMC (j) is 2673mo; SMC (s) is 2993 mo.) Do you mention Bradley vs Peake or Nehmer provisions? Do you indicate its being filed as a CUE or just say:________etc,etc....... Any other opinions? Thanks Cornell University Law SchoolSearch Cornell
0 votes9 answers -
ptsd Requesting review to see if I qualify for SMC-S
100% TDIU Schedular rating 90% 70% PTSD 50% Headaches (Reason for TDIU) 10% Ankle 10% Tinnitus 0% Back 0% Hemmorhoids I have a few new claims going on but I was granted TDIU exactly 2 years ago and all this has not changed since then. Thanks in advance.
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tdiu How to proceed
I need advice on how to proceed in asking do SMC S. I was able to get my c file and have uploaded the award and decision. At the time I knew nothing about SMC. In my application for IU in block 6, I specifically stated my unemployability was from bipolar 70%. When I received IU award they included cervical ddd 20%, hypothyroidism 10%. Then shortly after awarded the SA 50%. i also have copies of letters from my Psychiartriist and a personal letter asking for P&T because of my bipolar, it was granted. My big question is how do I put this info together and lay it out so there is no question and hopefully no re-evaluations. How do I assemble the award …
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Could I apply for SMC-S, a bit confused after reading
I've read a lot and still confused about SMC-S . I've recently received 100% (P&T). The VA didn't consider me for SMC-S and I think I should have. I've read I should apply IU in order to get the SMC-S, but reading this blog is doesn't seem like I have to. I have been unable to work since August 2013. PSTD 70 IBS 30 URINE 40 SINUSTIS 30 MIGRAINES 30 KERATIS 20 …
0 votes8 answers -
lumbosacral SMC S, schedular 100, tdiu, P&T and working
Hello All, I apologize anything redundant, i see this topic is overrun with similar cases but none ive found like mine exactly and Im hoping someone can help or provide some direction. Ive researched endlessly for an answer to my question. Im a medically retired fmf corpsman. Upon retirement in 2010 i was initially rated 80% (84) and ha a claim for tdiu as well as other increases. In 2013 after a c&p for psych and back injuries, I was upped to the following: 70% mood disorder (up from 30) 50% sleep apnea (up from 30) 40% lumbar (up from 20) 20% sternal injury 20% pectoral shoulder tear 10% cervical strain …
0 votes47 answers -
ptsd SMC (S) Confused
I'm rated 70% TDIU P&T for PTSD with MDD, no future exams, and cannot leave my apartment to work a 40 hour week. Or work, period. Trying to read into all these interpretations of what "substantially confined" means is confusing. What do I need to submit for this SMC "S", or am I not eligible? If I am eligible how do you request this, is it a claim? Or do you just write a letter? Thanks.
0 votes30 answers -
SMC-S confusion - TDIU +
I just got the award letter over the weekend granting me 30% for Irritable Bowel Syndrome as secondary to PTSD. My better half is positive that I should have been awarded SMC-S statutory based on my new ratings: 100% IU P&T - 70% for PTSD; 30% for IBS secondary to PTSD; 10% LF residuals injury; 20% LF residuals with RSD & metatarsalgia; 10% RF plantar fasciitis with RSD - I researched some here on Hadit, and I found this in a thread from July : That was written by Asknod. So my first question, which was whether TDIU was good enough to count as 100% seems to be answered. My second question, as to where a condition rated as secondary can be counted... I'm not sur…
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CUE I filed regarding SMC-S non-award; they are asking for Form 21-526EZ?
Briefly ..... I received a decision on my claim on July 23, 2015. The VARO failed to award me SMC-S for bilateral 30% ratings. (30% each for each hip replacement). I am 100% rated P & T and the two 30% ratings combine with bilateral factor to 56.1% rounded to 60%. I was not awarded SMC-S for these ratings (100% plus 60% additional). This is what I filed CUE on. I posted back on August 15th the following post: http://www.hadit.com/forums/topic/63768-va-awarded-smc-s-then-removed-dont-understand-why/ , and I received excellent information and advise from this forum. I went ahead and developed my CUE request basically stating that the RVSR committed CUE in not awarding …
0 votes27 answers -
VA awarded SMC-S, then removed. Don't understand why?
My claim was filed in Feb, 2014 and awarded in July, 2015. I am 100% schedular for back disability. I was awarded SMC-S during rehab (additional 100% ratings after surgery) for 2 hip replacement surgeries (in fall of 2004 & spring of 2005), secondary to the 100% schedular rating. The rehabs overlapped and SMC-S was awarded for total of 17 months (100% plus additional 60%). After the 17 months for rehab, I was awarded 30% for each hip for a total of 60% additional. The SMC-S was retro for the 17 months during 2004-2006, then they took it away after the 17 months in May, 2006. Shouldn't the SMC-S have continued based on the two 30% hip awards ((if added = 60%; if combin…
0 votes38 answers -
tdiu Opinions Wanted Please On Filing For Smc S
Hi all, Back in June I emailed Allison Hickey for inferred SMC S back to 2002. Well what happened was the director from my RO office sent me an email telling me to fill out the 525? And submit it for my SMC S. This is what I was trying to avoid. I do not want the VA to open up my old claims. Fast forward my State VSO called me and asked if I wanted to file for SMC S and I said no. Because I have a daughter going into her Sophomore year of college. My disabilities are as followed; bipolar 70%, c spine 20% back to Nov 15, 2001. I submitted VA form 21-8940 back in Feb of 2002. In block 6 it asks what disability is responsible for not being able to sustain ga…
0 votes13 answers