Alaska

[grent]

HAVE A QUESTION

HOW IS THE ALASKA VARO ON RATING DECISIONS FOR SMC

DO THEY MAKE IT AT THE VARO OR DUMP THOSE DECISIONS ON VBA

THANKS

[Berta]

Any Regional Office can make a SMC decision.

Once a vet reaches a 100% for one SC disability- any other SC disabilities have to be considered to see if they fit into the SMC regs.

The SMC "S" award is very common-100% SC for one disability and 60% or more SC for an additional but independent SC disability.

The VA Adjudication Manual M21-1 "Mandates that VA adjudicators consider entitlement to special monthly compensation as an inferred issue."

VBM 2009 edition NVLSP page 333.

This is in regards to all claims in which SMC entitlement is possible.

I sent the entire M21-1 regulation and guidelines to VA for my CUE on SMC.

Hate to repeat this scenario again- it must get boring- but it could help someone out there-

My husband was 100% SC for PTSD and 100% under Sec 1151 (and now has 2 independent direct SC disabilities at 100% due to my recent AO death award)

The VA said -after they got the CUE-he was not eligible for SMC because he didnt apply for it. Say what???????

Veterans have to make sure if they are 100% SC and have other SC disabilities rated-that if they warrant SMC-they should get it.

Any SC disability rating that seems to low should always be NODded.

There is too much info on SMC regs to post it all here- go to 38 USC 1114 and it has the whole shibang.

I think many vets are eligible for SMC but the VA failed to 'infer 'it and they are losing SMC comp by not reading the regs carefully.

[grent]

when i was tdiu i had other claims

when those claims were adjudicated

i was moved from tdiu to 100% sched perm and total no further exams

however i had requested smc during my tdiu which got denied but i was granted 100% sched

but i have a bunch of conditions left over 20% for this 10% for that 30% for this

my private pysch told them i have ptsd 100% va said no but yes and only gave me 70% ptsd when i should have got 100% for ptsd that 70% is part of my shcedul rate of 100 i wonder if i get 100% ptsd can i use that for the 100% for smc or use schedualr rate

then i had a dro hearing the dro said he would grant me smc

soc was a denial thern i filed form 9 now its gone to washington for bva hearing

wondering what the wait time is at bva and what will happen next

akso wondering if i made the right choice to go to washington rather than have a travel board

appreciate any insight and what you think thanks for the kind words and support which i can certainly use now