tdiu Smc Additional Disability Ratings Are Added, Not Combined

[WAC-Vet75]

Here is another BVA case http://www4.va.gov/vetapp02/files02/0205974.txt Citation Nr: 0205974 Decision Date: 06/06/02 Archive Date: 06/13/02 DOCKET NO. 94-37 569According to information in the recently received VA treatment records, which we presume show an accurate corrected visual acuity, the vision reported coincides

with a maximum schedular evaluation for impaired vision. Thus, in the presence of the threshold 100 percent rating, the current grant of the 50 percent for PTSD,

and 10 percent for tinnitus, the Board finds that the evidence is in favor of the claim. 38 C.F.R. § 4.25. The facts here moot consideration of housebound status.

Further, the result does not conflict with the holding in VAOPGCPREC 6-99.

In summary, the rating for diabetic retinopathy with the combined ratings for PTSD and tinnitus support entitlement to SMC under 38 U.S.C.A. § 1114(s),

38 C.F.R. § 3.350(i)(1). This rating scheme replaces the individual unemployability rating from the effective date that the RO must determine in

the first instance. The record offers an alternative basis to continue the total rating and grant an SMC rating under 38 U.S.C.A. § 1114(s); 38 C.F.R. § 3.350(i)

38 CFR 3.350 (i)

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the

veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities

independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical

segments or bodily systems, or (2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met

when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate

premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant

confinement will continue throughout his or her lifetime.

[Pete53]

Thanks for all who have contributed to this useful thread and in my opinion may have helped a lot more than a few Vets who read it on Hadit.

Wac and PR special thanks and for Berta also. Truly excellent research and discussions leading to a much clearer understanding.

Pete

[WAC-Vet75]

I have to throw a wrench in this... sorry..... found a 2005 BVA case that they did NOT add, but combined the additional rating http://www4.va.gov/vetapp05/files3/0517710.txt . I am presently searching all CAVA cases (so far July-Sept 2004, 12Dec02 #01-691, and 30Oct02 #01-468 were not searchable) to find anything on it, and will continue checking the BVA cases. If the case I just posted was not appealed...I would venture to say, from reading the CAVC cases, what I have already contended concerning the combined rating table and "efficiency" provides a well founded argument.

I am not giving up... this is going to take time comrades!

[WAC-Vet75]

I still have not found any cases BVA or CAVC that challenges the VA using the combined rating schedule for SMC, BUT...... along with the M21-1 that I posted before.......... "S-1 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of (*) rated 100 percent and additional service-connected disability(ies) of (**) , independently ratable at 60 percent or more from (date) . S-2 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of (*) rated 100 percent and being housebound from (date) .

*Cite disability rated 100 percent under regular combined evaluation.

**Cite disability(ies) establishing entitlement.

I did find this........

CODE 18A. GRANT-When total disability ratings are assigned in service-connected disability cases under the authority of paragraph 16, of the rating schedule, add, immediately preceding the service-connected combined evaluation, the code phrase. This shows that TDIU ratings can be combined, but I found no reference in the M21-1 for using the combined rating schedule for any disabilities over 100% in respect to SMC.

[Philip Rogers]

WAC-Vet75 - I'm really busy Monday & Tuesday but I'm going to try to talk to someone, at the NVLSP, and see if I can get a clarification. Everything points to standard math addition, once the claimant has reached the 100% rating. Using the combined ratings chart penalizes the veteran/claimant twice and I don't believe that was Congress' intent. The purpose of SMC is to help the vet who is already 100% disabled and since a person can't be more than 100% disabled, Congress/the VA uses SMC to fill in the void.

pr

[carlie]

The purpose of SMC is to help the vet who is already 100% disabled and since a person can't be more than 100% disabled, Congress/the VA uses SMC to fill in the void.

pr

DITTO !