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Tanker_God

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  1. That makes sense why I wasn't awarded the half step as I don't have a single 50% or higher. Thanks again.
  2. 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. broncovet

      broncovet

      In addition to qualifying for higher levels with loss of use, or higher levels of Aid and Attendance,  (mentioned previously)  you can get additional half step (SMC L1/2) provided that you meet the criteria below:

      (

      Quote

      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.

       

    2. 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.

    3. Tanker_God
  3. I am not quite sure you read my post at all. I put everything in the original post with all my Service connections and questions. I was just awarded SMC-L, but I believe I should be at SMC-L1/2 as I have over 50% on top of my single 100% PTSD and even if they used my back 40% and shoulder 20% towards the A/A. I have over 60% that has zero to do with A/A. I also said I did not receive SMC-S. Thanks
  4. Thanks for getting back with me and I hope I can get the SMC-L-1/2 at least. I don't see how I could get the bump to SMC-M as I don't have another single or combined rating of 100% ?
  5. I was just awarded an increase from 70% to 100% for PTSD-Combat and was awarded SMC-L for Aid and Attendance. I am curious if I should be getting SMC=L 1/2 as I have over 50% from below disabilities? I am still waiting on paperwork to come in, so they could have counted the 40% lower back in the A/A and even if they used the 20% shoulder towards the A/A I should still be entitled as I am over 50% from the remaining 4 that have zero to do with anything A/A. Also, I have never had SMC-S if that helps. Thanks 100% PTSD 40% Back 30% Chronic Sinusitis 30% IBS 20% Shoulder 10% scars 10% tinnitus 100% P&T with SMC-K and SMC-L OIF 1 1998-2005
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