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FormerMember

Former Member
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  1. FormerMember's post in Do I qualify for SMC-S was marked as the answer   
    A review of your listed disabilities would be broken down by VA for SMC S purposes thusly:
    Your cardio problems fall into The Cardiovascular System (§§ 4.100 - 4.104). Aortic aneurysm is rated as 100% under DC 7110. Hypertension, if due to a heart issue is rated under DC 7007. If due to a vascular disease process such as Diabetes Mellitus type II, under DC 7101. Regardless, both are considered part of the cardiovascular ratings. Your ischemic stroke with right homonymous hemianopia is, again a product of the cardiovascular system. I suspect it is rated as an intraocular hemorrhage under §4.79 DC 6007. On this one, VA may say it's a  part of the stroke which would again still be in the cardiovascular arena but since it is rated at 30%, I expect it could be an eye rating under §4.79 DC 6007 for intraocular hemorrhage or for loss of visual field. 
    In addition, you have lower extremity scars bilaterally, presumably due to your peripheral vascular disease. Scars are rated under skin (a separate and distinct issue from a cardiovascular disease) involving a different bodily system. Skin is rated under §4.118. Lastly, you have tinnitus which is rated under §4.87 DC 6260.
    In sum, you have 30% for the eye, 10% for scars plus 10% for De Luca Pain bilaterally and 10% for the tinnitus. Using §4.25, you can see 30% + 20% + 10% = 50%
    Without a doubt, due to the cardio issues all being part of the same bodily system, you will not have enough to reach 60% or more based on separate and distinct ratings from the cardio. Which is not to say you couldn't file for other disabilities secondary to the cardio such as a MDD which is separate and distinct (mental under §4.130).
    Personally, I don't see anything that could ever rise to the level of a CUE here. I've done hundreds of SMC CUEs and every one of them was a failure to infer the highest SMC entitlement under Akles v. Derwinski precedence without having to be prodded with a pitchfork by the Vet to grant it. VA generally will declare CUE on themselves when I catch them at it and then write a new rating decision granting the proper SMC. In your case, you simply don't have enough ratings that are separate and distinct that equal 60% or more to qualify. 
    Best of luck, sir.  
  2. FormerMember's post in Special Monthly Compensation was marked as the answer   
    Sounds like a finite grant of SMC S for housebound for a short period of time. Note the beginning and ending dates.
    "1. Evaluation of primary iron deficiency anemia, which is currently 0 percent disabling, is increased to 100 percent effective 9/13/17. The schedule for rating disability has changed for this condition. An evaluation of 30 percent assigned effective 12/9/18, the date of the law change.
    2. Entitlement to special monthly compensation based on housebound criteria being met is granted from 9/13/17 to 1/1/19.
    VA always writes in clear English and I would say they have here. He's been given 100% schedular rating for Anemia from 9/13/17 to 12/9/2018 and then it is reduced to 30%. On 1/1/2019, his SMC will end and he will revert back to 60+30+30+20= 90%. About that time, someone over at DAV ought to be discussing TDIU with VA. 
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