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Reg Question Smc


jbasser
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Reading the regs governing the Special Monthly Comp ratings for SMC.

Do I interpet it correctly that f you have an additional 50 or 100 percent disability added to your Service connection of a different body part that the SMC will be increased to SMC (0).

The reason I posted is I had another MRI today and it is real Ugly.

J

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John S yes that is how I read it too. 3.350-9 (3)(4)

What area was you MRI? What region of your body? Hopefdully it is not as "ugly" as you think it is. How are you rated now? I know 100% but what else? SMC-L?

Edited by halos2
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jb: That is not what the rules mean. This is how it would play out:

-if you are 100 percent and drawing say SMC L and you have an additional disability/disabilities that equal 50 percent then you are authorized an intermediate rate (1/2 step). This would take you to L 1/2 or say you were already L 1/2 then to M. However, in no case will this rule exceed O.

-if you are 100 percent and drawing say SMC L and you have an additional single disability that equals 100 percent then you are authorized a whole step raise which would be M. If you were already drawing say L 1/2 then the jump would be to M 1/2 (a whole step). However, in no case will this rule exceed O. As an example if you were already at the M 1/2 rate you could not go to O 1/2 for the rule forbids it to exceed the O Rate.

Edited by Ricky
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jb: That is not what the rules mean. This is how it would play out:

-if you are 100 percent and drawing say SMC L and you have an additional disability/disabilities that equal 50 percent then you are authorized an intermediate rate (1/2 step). This would take you to L 1/2 or say you were already L 1/2 then to M. However, in no case will this rule exceed O.

-if you are 100 percent and drawing say SMC L and you have an additional single disability that equals 100 percent then you are authorized a whole step raise which would be M. If you were already drawing say L 1/2 then the jump would be to M 1/2 (a whole step). However, in no case will this rule exceed O. As an example if you were already at the M 1/2 rate you could not go to O 1/2 for the rule forbids it to exceed the O Rate.

Ricky I am already drawing SMC S due to a 100% rating and a seperate 60% rating. I also have one K award. I have additional seperate 30% rating and 5 seperate 10% ratings. Are saying that I might be entitled to an additional SMC because of the 30% and 10% ratings?

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John S yes that is how I read it too. 3.350-9 (3)(4)

What area was you MRI? What region of your body? Hopefdully it is not as "ugly" as you think it is. How are you rated now? I know 100% but what else? SMC-L?

SMC S rate. 100 for Restrictive Lung Disease with PPH.

An additional 70 percent combined per VA math.

May have to have entire c spine fused.

J

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Ricky I am already drawing SMC S due to a 100% rating and a seperate 60% rating. I also have one K award. I have additional seperate 30% rating and 5 seperate 10% ratings. Are saying that I might be entitled to an additional SMC because of the 30% and 10% ratings?

Teac,

Whether or not you are entitled to additional SMC for disabilities you are already receiving compensation for would depend on what disabilities they were. You would not qualify for a half step increase based on these additional disabilities as there is no "boost" to SMC "S" with the exception of additional "K" awards. Erectile dysfunction is generally the only noncompensable disability which would allow for a grant of SMC. Other disabilities such as loss of use of a foot/hand/buttocks, aphonia, blindness, and deafness would also allow for additional "K" awards (for men) but are associated with disabilities which carry a much higher percentage rating than the percentages you reference here.

You can look this up in 38 CFR 3.350 if you want to research whether alternative entitlement to SMC may be available to you.

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