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jamescripps2

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Status Replies posted by jamescripps2

  1. Hey James, you replied to my post maybe 2 weeks ago and I got the decision letter and wanted to know what your thoughts still and if should get SMC-L1/2 and not the SMC-L awarded?  is this an easy fix because I can't handle another c&p exam. 

    As I have over 50% that has nothing to do with the single 100% for PTSD with A/A. It doesn't state they used anything other them PTSD but even if they used my 40% Back and 20% shoulder towards the A/A I would still meet it from the below. Thanks again.

    30% IBS

    30% Chronic Sinitis

    10% Tinititis

    10% Scar

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    1. jamescripps2

      jamescripps2

      I can't determine what your actual ratings are, and I don't know the reasons and basis of your "L" award. I only can take your word for it. However, If you have been awarded "L" and you have a separate and distinct additional single rating of at least 50%, or a combined rating of at least 50%, then you should be at "L 1/2". If you appeal right away, I can't see why a C&P would be ordered, as the discrepancy would be just a matter of the "P" regulation not being applied.

      Like broncovet previously posted, not to repeat, but just to try and further clarify. You can find this information about the "P-1" and "P-2" rates for yourself at 38 USC 1114 (P) and at 38 CFR 3.350 (P)

      Authority: 38 U.S.C. 1114(p))

      (3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

      (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

    2. (See 2 other replies to this status update)

  2. I was wondering if you can help me understand this, my appeal has now gee. Remanded back to the RO for the second time. Can you tell me what would constitute the need to send this back for a second time? I submitted over a hundred documents in support of my appeal when it was sent back the first time. I did notice that the RO did not even consider a change in their initial denial like they did on a previous remand.  I just don't get it because the initial claim was submitted in 2004 and now over 12 years later I am still going through this.

    Can you shed any light onto this?

    1. jamescripps2

      jamescripps2

      The submission of over 100 documents can complicate a claim and prolong a decision in itself. I would not do that again unless those 100 documents contain substantial evidence. A skinny file has more appeal to a rater than a thick one that is stuffed with paperwork that does not contribute to probative value.

    2. (See 2 other replies to this status update)

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