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299 topics in this forum
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Smc Questions 1 2 3
by Pete53- 13 replies
- 4.4k views
As many know I have an SMC rating S for agoraphobia along with 100% for panic disorder with agoraphobia.I have been rated 100% for almost 19 years. My current condition follows. I have a difficult time getting around and no longer drive the car. The VA pays for an aide to come to our house and help me bathe and if has time does some light housekeeping. We also pay a maid to come twice a week. We have arranged our schedule so that someone comes by every day. The VA has issued me a cane and a rollator. My bathroom has also been modified with a walk in shower and bench.My son has moved in to help us, I just talked the VA and they want me to either have C&P or ha…
Last reply by Pete53, -
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…
Last reply by courier71, -
- 16 replies
- 13.4k views
I know everyone says SMC is confusing and I am joining that crowd. Here's my question: 1. I am IU for a single disability; in addition, I am 2. Cystocele/Rectocele - 50% Depression - 50% Do my two other disabilities qualify me for 100% + 60% = SMC (s)? I've seen the question elsewhere but couldn't determine the answer.... Thanks, Sheila
Last reply by Philip Rogers, -
- 9 replies
- 4.9k views
For further discussion........ I disagree with the argument that Bradley v Peake does not apply to claims prior to the decision dated 26 Nov 2008. First while it was an interpretation of the law, it did not change the law but in fact clarified it. Many decisions prior to Bradley V Peake were made using the VA General Counsel opinion dated 7 June 1999, which stated TDIU was excluded as a basis for establishing a total rating for purposes of section 1114(s). See VA Gen Counsel Prec.6-99 (June 7, 1999). This general counsel opinion’s was in direct conflict with the statues and regulations (concerning the granting of SMC’s) in effect at that time. It was also in …
Last reply by Philip Rogers, -
- 2 replies
- 2.6k views
I know the following is a long discussion of Bradley v peake some of which has been discussed over and over, but in the final analysis, I think there is a valid way to claim cue based on the laws in effect at the time of the denials. If you want to skip the legal crap go down to the final two pargraphs. ( but you might miss some important stuff by skipping ) For those that are attempting to justify an SMC rating based on a TDIU rating prior to Bradley V Peake, and for those who are trying to justify a TDIU and 100% rating held at the same time. I submit the following. I am not a lawyer. This is just my opinion based on my readings. In a February 2, 1994 Genera…
Last reply by carlie, -
- 10 replies
- 4.2k views
I submitted this NOD last jan 2011. I have a CUE claim in the system for Housebound based on Bradley V Peake. I thought I would post the NOD and just get some reaction. It is still pending at the Houson Regional Office. this is my third try to post it..... 1151housebound.PDF
Last reply by cooter, -
- 6 replies
- 2.6k views
I am assuming Carrie Weletz will be our SVR guest tomorrow and as a great Vet lawyer, she could help with this question--- but do I have the question right? When a vet receives TDIU solely based on one SC disability or gets 100% solely on one SC disability, then is VA allowed to combine any 'separate additional independent disabilities' with VA math or are they supposed to use traditional math to add up the disabiliities that would warrant a SMC S award if they are denied on HB award under "S":? Does that make sense?
Last reply by Philip Rogers, -
- 12 replies
- 10.3k views
"38 U.S.C. § 1114(s) does not state disability(ies) “following the combined rating schedule“. The combined rating schedule, according to 38 CFR Book C, Schedule for Rating Disabilities, 4.25 Combined ratings table: “Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. Thus, a person having a 60 percent disability is considered 40 percent efficient. Proceeding from this 40 percent efficiency, the effect of a further 30 percent disability is to leave only 70 percent…
Last reply by Philip Rogers, -
- 6 replies
- 3.2k views
in late december, i applied for smc aid and attendence because i received it with my pension. its been fairly well documented that both my servie connected back condition and my inflammatory arthritis contribute to several factors including the need for another person to take care of me, the inability for me to work and my status as wheelchair bound. today (saturday) i received my packet of info from regional requesting any addition info plus my statement. it mentioned my request for smc plus loss of use for bilateral upper extremities. the latter is what's confusing as they want documention it is something that i have had since i was in the military. it is well doc…
Last reply by iceturkee, -
- 2 replies
- 15.2k views
This was completed by my husbands psychiatrist, we have an awesome doc who suggested we apply for A&A and voluntereed to do this without us even asking for it......I thought I would post key points so you all can have an idea of what should be on one of these...... From form 21-2680 Diagnosis: Schizophrenia, paranoid w/depression, GAD 21 is the claimant able to feed himself? No If veterans wife does not feed him he will not remember to eat or drink. Sometimes requires assistance in feeding himself due to tremors. 23 Does the claimant need assistance in bathing and tending to other hygiene needs?yes needs prompting and encouragement in taking car…
Last reply by Pete53, -
- 3 replies
- 3.1k views
I have until Feb 15th to get my Appeal in to the BVA for SAH and a Higher Level of Aid and Attendance. After reading as much as I can on both subjects yet still need a lot more understanding. When the RO denied me back in 2010 I requested the DRO review my claim and again was denied. I am receiving SMC at the "L" rate and was granted that back in 2002, however since then my condition has worsened greatly. Now along with everything else I have incontinence and was rated 10% for that plus a loss of bowel control all due to diabetes neuropathy, severe degenerative disease of the entire spine with radiculopathy of the upper exremities and lower extremities, plus loss of us…
Last reply by Teac, -
Not Sure 1 2 3
by Deacon 2011- 15 replies
- 6.1k views
Just rec'd an updated rating IU/100% + 60 (IU for TBI and a host of other things)... my notification letter stated "entitlement granted for SMC housebound criteria being met". I've read a bunch of information here but I am still unable to determine based on my situation which SMC category I would come under (L, M, or S). Any help from those of you that understand this better than I do is much appreciated.
Last reply by carlie,