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SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ?
Last reply by Lonniebrinson, -
- 1 follower
- 9 replies
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The Board notes that VA's duty to maximize a claimant's benefits includes consideration of whether his or her disabilities establish entitlement to SMC under 38 U.S.C. § 1114. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. at 280, 294 (2008). Thus, when the Veteran filed his claim for a TDIU in August 1998, VA had a duty to not only consider whether he was entitled to a TDIU, but also whether a grant of TDIU also entitled him to SMC at the housebound rate. https://www.va.gov/vetapp21/Files11/A21017756.txt
Last reply by Richard1954, -
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- 5 replies
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This is my same claim, bva remand appeal dating back to Jan 2011. ( I have been rated 60% IU for 21 years prior to smc s1 awarded in Sept 2020) After years of denials, dro reviews, soc, ssoc and etc. I was finally afforded a 2-C/P exams at the end of 2019 and 1 in Jan 2022 as well as a review of all medical records (requested by RO also in Jan 2022) Exams were for aid and attendance, cervical degenerative arthritis, upper extremity radiculopathy, lower extremity radiculopathy/sciatic nerve paralysis, knee flexion etc. ALL exams were favorable-doctor stated severe for sciatic nerve paralysis, severe radiculopathy LR extremity and moderate for LL extremity, however I was d…
Last reply by Matti, -
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- 983 views
I was rated SMC-P1 ( smc-l 1/2 ). Months later I was granted Separate single 100%. Should the rating go up a whole step to SMC-P3 (smc-m 1/2) according to 3.350(f)(4) ?
Last reply by Lonniebrinson, -
- 3 replies
- 811 views
Greetings, I have been battling with the VA since early 2017 with my disability claim(s). In September 2021, I filed a supplemental claim due to the presumptive condition changes for OEF/OIF/OND and burn pits / particulate matter exposures. They followed through and rated me at 100%, but I then filed for a higher level review because they put effective dates in October (the date of my LHI exam, and not the effective date of change in law or date filed for disability). It is still on-going, and they did a partial grant. I didn't ask for a CUE claim, but they found several CUE claim issues upon that higher level review. So sleep apnea, IBS, hemorrhoids, and etc are bein…
Last reply by jbasser, -
- 0 replies
- 1k views
New SMC Rates for 2021 http://www.veteranprograms.com/2021-smc-rates.html
Last reply by Buck52, -
- 5 replies
- 1.6k views
My current VA rating for veteran w/spouse is being paid SMC L1 since 2018. Last month I won my BVA appeal for CRPS both upper extremities but my rating did not change. The board granted the appeal but sent it back to the Houston RO to rate. Should I be rated "R" for having two separate L1 ratings or do you think I should be rated higher (at least O)? Can you become an HadIt patron with a 1 time donation? Be happy too. Current rated disabilities: L1 - Loss of use both feet rated on 8/24/2020 effective date 1/26/2018 (7-foot surgeries resulting in permanent use of mobility devices) L1 - (A&A) permanent need for Aid and Attendance rated …
Last reply by broncovet, -
I have 100% on a single rating for PTSD. I have 10% on GERD and others. {increase to 60% if i should} I have 20% on my back {My goal is to try to increase % on my back if i should} I have 10% on right lower extremity I have 10% on my ankle I have 10% on my hand TOTAL: 100% P&T on all of them. Should I continue to do more claims to increase, and add more new claims related to combat related? I plan on trying to increase GERD to 60%, and I plan on trying to get headaches 50% aiming to that percentage, migraines 50%, and tinnitus added 10% if i need to after 100% PT already. I also have others that is labeled 0% as service co…
Last reply by Veterano, -
- 2 replies
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A veteran who is 100% T&P receives generally over 3k per month from VA and receives healthcare at no cost. Would this not automatically disqualify said Vet from A&A based on income restrictions? The posts I've read seem to take this income to count against the income requirement. What am I overlooking?
Last reply by Buck52, -
- 5 replies
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I am 100% P&T with a 100% PTSD rating alone, from December 2017. I also have had to have shoulder surgery and hold a 10% rating for that, 10% for tinnitus, 20% for lumbar(back), 20% for right knee. The 100% PTSD made me paid at a 100% rate since. Here is where things get bad, typically I know we are told not to add disabilities when we reach 100%. However, I am quite literally slowly deteriorating now. For the last year and a 1/2, I hospitalized at least once a month from cyclic vomiting syndrome. It had made me lose weight,my health and any hope I had in life. My Wife has quit college to be able to take care of me. My kids are scared. I have so many notes becaus…
Last reply by meadows87, -
Due to some good advice and help on here, I decided to put in a claim last week for an Increase to my current PTSD 70% and SMC L. My wife is paid to be my Caregiver thru the VA Post 9/11 VA Caregiver Program. I had my Yearly Reassessment recently and the VA decided to continue my at the highest Tier, and listed me as not being able to Bath, or do activities of daily living without the help of my wife. My PTSD has been very bad for a few years, but I was scared to put in for an increase, as I did not want to rock the boat. As most of you know the VA has done alot to mess with me to include my recently being Reviewed, Even though I am 100% P&T. The VA actually reduced m…
Last reply by FormerMember, -
So I have bad PTSD and I know its bad and pretty sure I have TBI but never tested. I was blown out of a vehicle in a training accident in 2001(actually video’d) and also mortared and rpg’d a few times during the Iraq invasion and medivac’d home for toxic therapy(brutal) due to a flesh eating parasite. I have all sorts of muscular Skeletal injuries and had a disk removed in my neck. I served in the Marines, NG, and active duty Army unit 2014. Since then I haven’t worked at all besides attempting to run a LLC from home to pay the bills which was unsuccessful. Even though the VA had me produce a income form straight up showing it was unsuccessful they still say I am workin…
Last reply by Sgtguy,