Am I Eligible For Smc-S

[john999]

If you have 100% plus 60% you get "S". You don't have to have IU to get "S". S pays $295 a month. What is your exact rating including all SC conditions?

[dsgsr]

What is your exact rating including all SC conditions?

[john999]

Did you ever fill out the TDIU form? The way it stands I don't think you can get it. If you had applied for TDIU when you got 70% and then got the other ratings you could have gotten S. You have to be total plus 60% to get statutory S. You can still get S if you are housebound.

[dsgsr]

Did you ever fill out the TDIU form? The way it stands I don't think you can get it. If you had applied for TDIU when you got 70% and then got the other ratings you could have gotten S. You have to be total plus 60% to get statutory S. You can still get S if you are housebound.

The TDIU form was filed and approved in 1997 when I was 90%. Then in Jan. '99 I was increased on one SC disability from 50 to 70 and a new claim that I was given 50% for . That brought the 70,50,40,30,20,20 and the 100% P&T. So should I have been paid SMC-S from that date because I was given 100% P&T disabilities and was already at TDIU?

Thanks,

David

P.S. TDIU granted letter Apr. 1-1997

Edited October 28, 2010 by dsgsr

[broncovet]

The way I interpret Bradley vs Peake, Yes, you should get SMC S.

Your posts suggest you meet the criteria of "100 plus 60", because TDIU=100 and you have another, independently ratable condition at 60%.

You will have to ask (er, fight tooth and nail for it), tho. Also ask for Retro back as far as possible.

I dont know if you would be eligible for Retro SMC S back to the date of Bradley vs Peake, or when you met the criteria. But, you dont need to apply for SMC S, it is inferred when you meet the criteria. Read Bradley vs Peake.

[broncovet]

Go ahead and apply for it, even tho it is supposed to be inferred. The VA often "looks the other way" when they are supposed to be looking out for Veterans interests.