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83 questions in this forum
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ptsd Am I Eligible Or Smc (S) Now?
First time poster and have a question about SMC (S) I have been told both "YES!" and "NO!" as to my eligibility to apply. Can you please help me by providing your answer? And,how you came to logically/legally arrived at your answer? My situation is as follows: Army PDRL discharge - APR 2012 - 70% - IDES process (VA/Army both at once) ARMY RATED ISSUES:(ARMY USED VASRD %) 1. LOWER BACK = 40% 2. R. SHOULDER = 30% 3. NECK = 20% 40 + 30 + 20 = 70% VA FINALIZED IDES CLAIM - JUN 2012 - RETRO TO APR 2012 = 100% P&T VA RATED ISSUES 1. PTSD = 70% 2. BLADDER = 60% 3. LOWER BACK = 40% 4. R. SHOULDER = 30% 5. NECK = 20% …
0 votes38 answers -
SMC (S1)
I received this notice on eBenifits after my claim was complete. Is this a permanent deal or is this a temporary award. Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of posttraumatic stress disorder (PTSD) (also claimed as acquired psychiatric condition) rated 100 percent and additional service-connected disabilities of diabetes mellitus type II, right lower extremity radiculopathy (also claimed as lower extremity diabetic neuropathy), axillary cyst (claimed as cyst under arm), pseudofolliculitis barbae and tinea pedis (formerly evaluated separately as DC 7806 pseudofolliculitis barbae and DC 7820-…
0 votes25 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 -
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 -
Form 526Ez To File For Smc-S?
Hi, Just got off the phone with VA and asked if I am qualified for SMC-S under Bradley V Peake and the lady told me to file EZ form 526. I told her it’s the statutory and I don’t need to file the form and she told me that’s the only way for rater to look at. What do you think? Below is my disabilities and I need you to tell me if it’s a shot or not. Thoracic 40% Right lower extremity(secondary) 10% Left lower extremity(secondary) 10% Cervical spine 20% Right dominant upper(secondary) 20% Headaches 30% Scares on face 30% Allergic rhinitis 10% ED(secondary) 0% IU approved on all above affective date of 1 Jun 2011 Depression (secondary)70% affective da…
0 votes37 answers -
ptsd SMC-S, Filing Procedure, and Back Pay
100% p&t, since 2012... (ptsd)... I want to file for smc-s, but frankly, cant remember how to get the ball rolling... My c&p exam in 2011, clearly stated agoraphobia...Any suggestions, would be appreciated..Also, when approved, do you believe retro will go back to 2012.. Thank you all, again, for your input, and advice... SEMPER FI
0 votes22 answers -
A change in SMC S (Housebound)?
Greetings Vets!! I'm rated 100% P&T for MH and other physicals disabilities and haven't worked in 8 years. I was on IU before and after being deemed unable to be retrained via voc rehab and also a ssd approval, I was increased to P&T. I just recently was informed about smc (s) from another vet with similar issues and not working as well. I checked over my award letter and it basically stated that I didn't qualify for statutory entitlement but that was all. I asked my VSO about it and he stated even though I'm not working and I only get out for appointments that I wouldn't get smc (s) due to the way the VA looks at the entitlement. He gave me the link to 38 CFR 3.3…
0 votes18 answers -
SMC?
I am currently 80% IU p& t with 2 appeals still currently active. One is at the board and the other one is having a dro review. The one at the board is a TBI appeal and my dro review is a increase for migranes, which is currently 0%. My question is if granted the max for migranes which is 50% will this open me up for any SMC?... Current ratings are as follows 70% for ptsd, 20% for left shoulder strain, 10% for left ankle sprain and 0% for migranes.
0 votes18 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 -
160% = SMC
I'm 100% plus 60 %, Can I get SMC R 1?
0 votes8 answers -
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 -
I do not qualify for SMC s because my PTSD is secondary to my TBI
I just learned something from a vso, and I'm checking it. I have always found that I get really good advice on this site thank you all I have a PTSD rating of 70% which gives me tdiu and is permanent and total. I have a TBI rating of 70%. I do not qualify for SMC s because the PTSD is secondary to the TBI. Is this correct?
0 votes23 answers