SheilaLundlee Posted March 11, 2011 Share Posted March 11, 2011 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted March 11, 2011 HadIt.com Elder Share Posted March 11, 2011 Yes, you should be and I believe they committed a CUE by not awarding it when they made the decision(s) that gave you those current ratings. You should be owed retro. pr 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 Link to comment Share on other sites More sharing options...
SheilaLundlee Posted March 11, 2011 Author Share Posted March 11, 2011 Thank you! Yes, you should be and I believe they committed a CUE by not awarding it when they made the decision(s) that gave you those current ratings. You should be owed retro. pr Link to comment Share on other sites More sharing options...
Moderator broncovet Posted March 11, 2011 Moderator Share Posted March 11, 2011 I have seen similar issues argued on another board. The retired rater said it would depend on what issues you were "IU" for. To qualify for Bradley vs Peak, your conditions have to be "independent" of each other. In other words were you "IU" for depression, IU for Cystocele, or both. However, I have found that appeals takes an entirely different view than rating speciailists. Rating specialists goal is to "get that claim out" as fast as possible, so denials work well that way. My guess is that you may eventually win, but it will take at least one level of appeals. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted March 12, 2011 HadIt.com Elder Share Posted March 12, 2011 broncovet - she stated "I am IU for a single disability; in addition, I am" 2. Cystocele/Rectocele - 50% Depression - 50% Which I took to mean independently of her IU disability. pr I have seen similar issues argued on another board. The retired rater said it would depend on what issues you were "IU" for. To qualify for Bradley vs Peak, your conditions have to be "independent" of each other. In other words were you "IU" for depression, IU for Cystocele, or both. However, I have found that appeals takes an entirely different view than rating speciailists. Rating specialists goal is to "get that claim out" as fast as possible, so denials work well that way. My guess is that you may eventually win, but it will take at least one level of appeals. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted March 12, 2011 HadIt.com Elder Share Posted March 12, 2011 I think she should be able to cue this and get retro if the two 50% ratings are independent of the IU. The VA is just remaining silent on the "S" question and IU because they figure they can save money. They don't want to go back and review thousands of IU claims to see if they should get "S". That would go for 100% schedular as well. I would file yeaterday and just ask for "S" based on Bradly v Peake. Link to comment Share on other sites More sharing options...
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