[Qualifying Fro Smc S Rating]

Question,

I am a vet with a 100% P&T rating based on several ratings that combine to 100%. In addition I have other disability ratings not related to the above that combine to over 60%. My reading of the criteria for an s rating is that you must have a single disability rated as total and then the additional unrelated 60%. I have never been TDIU or housebound. Based on the statutes it appears the I don't qualify for the s rating.

Please correct me if I am wrong.

Thanks

courier71

[S Rating Criteria]

Teac

I get your point regarding a single disability. I also have a 10% rating for right shoulder scars caused by 3 right total shoulder replacement surgeries and 2 right shoulder rotator cuff repairs. My right shoulder has more stiches in it than an old quilt.

courier71

[S Rating Criteria]

Broncovet,

I am still a little confused on the total single disability requirement for obtaining a SMC "s" rating. My 90% right shoulder rating was granted approx 10 yrs ago and in addition I already had a 10% rating on the left shoulder. As far as VA regulations in effect 10yrs ago should the VA have combined the two upper extremity ratings to get a single 100% rating and thus meet the first part of qualifying for an s rating? It seems I can only claim CUE for the rating decision 10 years ago and with a CUE appeal the decision is based on the rules in effect ten years ago and not 1973.

Am I looking at my situation the correct way or are there other points that I am missing?

Thanks for your help.

courier71

[S Rating Criteria]

Broncovet,

Thanks for your response. My question is the law regarding combing upper extremity ratings to equal a 100% single rating that was in force in 1973 still in effect in 2012?

[S Rating Criteria]

Thanks for the replies.

No TDIU. I received a schedular 100% rating several years before I stopped working.

courier71

[S Rating Criteria]

Thanks for the replies.

From what I have read my 90% right shoulder rating and 10% left shoulder disability which is secondary to my right shoulder condition should be considered a single disability. When you combine them and use the bilateral factor you get 100%. This along with my other non connected disabilities combining at over 60% should make me eligible for the SMC s rating. There must be a flaw in my reasoning and I welcome any comments.

Thanks,

courier71

[S Rating Criteria]

Maybe this topic has been beaten to death but I will ask anyway.

I am a 100% disabled vet. My highest single rating is 90% for my right shoulder. In addition I have a loss of use rating and a 10% rating for scars from 3 total right shoulder replacement surgeries and 2 right shoulder rotator cuff repairs. I have additional ratings that combine to well over 60%

My understanding is that to qualify for an S rating one must have a SINGLE disability rated at 100% in addition to other non related disabilities combining to 60% or higher. My question is would the VA consider my 90% rating for my right shoulder, 10% rating for right shoulder scars and a 10% rating for my left shoulder due to over use be considered as a single 100% rating? My reasoning is that they all occurred because of the injury to my right shoulder.

I appreciate any comments on my situation.

courier70

PS - I was a hadit member several years ago but have not been active lately