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Hardtyme

A Question For The Perplexed

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I have received conflicting reports regarding 100% IU  (70% SC) and then some years  later a 60% SC is awarded.  What does that make the person at 70% on IU?  Is he awarded more money or reach a higher award of some kind?  70+60 doesn't equal 130% but is the IU considered 100% and then the 60% added to the 100% IU???  This is perplexing to me and probably a lot of other veterans.

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if your 70%IU that means your combined S.C. Conditions keep you from working and the conditions does not warrant the 100%  so they hang the IU on you  to be paid at the 100%rate  your overall rating would still be 70%combined  if that is what you are rated.?

A 70% RATING AND A 60% RATING WOULD BE ROUNDED OUT TO 88% MAKING THAT A 90% COMBINED RATING WITH VA MATH.

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Well some seem to think that a combined rating less the 100% that when the I.U. is granted that makes the veteran have a 100% rating...I differ from that  it makes the Veteran a IU Combined rating being paid at the 100% rate because obviously his condition don't warrant a 100% rating but  his S.C. Condition keeps him from finding marginal employment & this is actually what IU was intended for.

See CFR 38 4.16. (a) & (b)

Edited by Buck52

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I will try to explain:

1.  100 percent, whether IU or schedular, is the maximum rating.  However, you can also get "Special Monthly Compensation" above and beyond 100 percent.  

2.  In particular, there is something called "statuatory" SMC S (housebound), which results in an additional 350 per month, approximately.  "Statuatory" housebound is when you have 100 percent rating AND an additional combined 60 percent rating seperate and distinct from each other.  Bradley vs Peake has shown us that this 100 percent MAY be from TDIU or schedular 100 percent.    

     Thus, if you are TDIU and you get an additional 60 percent rating, this should qualify you for SMC S, and an additional 350 per month.  There are a few "catches" to this, tho, reminding you that these ratings have to be "seperate and disctinct".  

     If you are not already getting SMC S, then maybe you should apply and point out it should have been awarded when you got your additional 60 percent.  

Edited by broncovet

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Hardtyme

If you are rated 70% and they awarded you the IU b/c you can't work ...your being paid at the 100% rate...Now if you have or ever come up with another Condition that you can get S.C. for  and secondary to a condition counts too  if this condition is at least 90% this would increase your rating to  final degree of 100% 

you can request the SMC S,  they  should have give it to you when they made this IU Rating as broncovet pointed out  it's a statutory rating b/c your house bound and can't leave home for work

The rater failed to do this , so if your still under your appeal period file NOD and point this out to them , if its been to long?  file to reopen/ or maybe  ask them to CUE them self  for failure to award this entitlement SMC S H.B.in fact under the regulation Bradley vs Peake!

I forgot you were awarded the the a IU with a  70% Rating &  I APOLOGIZE.

They never had this Bradley vs Peake When I was Awarded the combined 90% TDIU P&T back in 2003  or If they did I didn't catch that? and was not awarded SMC S H.B. at that time.

Years later I filed for another condition and was S.C. And rated a 70%  this is when the Rater caught it and applied the SMC S H.B. 1.

but we're all different with different claims and dates , so we all need to watch out for things like this.  or we get beat out of a lot of$$$

Edited by Buck52

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