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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

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  • HadIt.com Elder

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

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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

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  • Moderator

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.

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  • HadIt.com Elder

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.

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  • HadIt.com Elder

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.

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