100%iu Plus 60% & 30% = ?

[Maurice]

A veteran that have several SC% = to 90% IU. If the VA give him two others rating as 60% and 30% today. What SC% would he be now? A DAV SO told him he may get extra $500. a month. Can this be true? ;) :D :P

[Berta]

That depends on a lot of factors- I dont know where the rep got the 500 bucks idea-maybe this vet is eligible for 4 "K" SMC awards. ?

If he meant S award----

" (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[26 FR 1587, Feb. 24, 1961, as amended at 27 FR 4739, May 18, 1962; 28 FR 1587, Feb. 20, 1963; 28 FR 5671, June 11, 1963; 40 FR 54245, Nov. 21, 1975; 45 FR 25392, Apr. 15, 1980; 46 FR 47541, Sept. 29, 1981; 48 FR 41161, Sept. 14, 1983; 49 FR 47003, Nov. 30, 1984; 54 FR 34981, Aug. 23, 1989; 60 FR 12886, Mar. 9, 1995; 67 FR 6873, Feb. 14, 2002; 68 FR 55467, Sept. 26, 2003"

The full gamit of Special Monthly Compensation is availavble here at hadit and under 38 USC 1114.

SMC can become so complex that NVLSP devotes a full chapter to it in the VBM.

A single veteran with no dependents would get $320 included in their 100% comp check for the "S" award.

(2,673 to 2993)with 2 more K awards at $ 87 each -this could bring the additional comp up to close to 500 I guess.

Not enough info here to really guess on this one.

[windy city]

Berta I need your help on this one, I was awarded SMC at the L a while ago and because I had two disabilities that added to 50% I was given smc at the L1/2. This month I was awrded 50% for sleep apnea, so I called my DAV rep and asked him if they were going to move me to the next step which would have been the M but his reply was that you can only be moved to the next step only once. I have called the VA and for some reason or another they do not even now the regulations concerning this issue so I just was wondering if you know anything about this. Thank you very much.

That depends on a lot of factors- I dont know where the rep got the 500 bucks idea-maybe this vet is eligible for 4 "K" SMC awards. ?

If he meant S award----

" (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[26 FR 1587, Feb. 24, 1961, as amended at 27 FR 4739, May 18, 1962; 28 FR 1587, Feb. 20, 1963; 28 FR 5671, June 11, 1963; 40 FR 54245, Nov. 21, 1975; 45 FR 25392, Apr. 15, 1980; 46 FR 47541, Sept. 29, 1981; 48 FR 41161, Sept. 14, 1983; 49 FR 47003, Nov. 30, 1984; 54 FR 34981, Aug. 23, 1989; 60 FR 12886, Mar. 9, 1995; 67 FR 6873, Feb. 14, 2002; 68 FR 55467, Sept. 26, 2003"

The full gamit of Special Monthly Compensation is availavble here at hadit and under 38 USC 1114.

SMC can become so complex that NVLSP devotes a full chapter to it in the VBM.

A single veteran with no dependents would get $320 included in their 100% comp check for the "S" award.

(2,673 to 2993)with 2 more K awards at $ 87 each -this could bring the additional comp up to close to 500 I guess.

Not enough info here to really guess on this one.

[Berta]

"so I called my DAV rep and asked him if they were going to move me to the next step which would have been the M but his reply was that you can only be moved to the next step only once."

That doesn't make any sense whatsoever.A vet only needs to go from one step to the other once at a time-duh.where did he get that idea?

BUT - an additional SC rating doesn't mean the criteria for the next step for SMC is satisfied.However I think your 50% does satisfy this.

The VBM refers to Augustine V Principi and the CAVC held that"38 CFR 3.350(f)(3) provides for a mandatory increase in the SMC rates when there are disabilities )other than those relied on to establish the statuatory SMC rate) that are independently rated at 50 percent or more."

The VBM has a lot of combos that lead to higher SMC rates but none of them involve sleep apnea.

I would think that this CAVC decision means your sleep apnea at 50% SC (pr any SC additional at 50% or higher)would certainly put you into the M award criteria.

I hope the SMC experts chime in here.

It would be good to access a copy of that CAVC decision-and whip it out to your rep-

if it says what I think it says-

and ask for the SMC "m" award.

Did the VA make any statement whatsoever on a higher SMC rating when you got the 50% SC for the apnea?

[jbasser]

I dont see the S award here. No 100 percent plus 60.

J

[Berta]

Here is the decision:

http://www.precydent.com/citation/343/F.3d/1334

It started out as a CUE claim which was denied and ended up remanded due to reversal-

It seems that the regs allow for "mandatory" increases in SMC levels when independent disabilities at 50% or greater are claimed-

so I think this means any and all disabilities independent of the standing SMC level disabilities.

Any thoughts out there? I think this vet should claim the apnea and receive the SMC M level of comp.

[Berta]

jbasser-this vet is way beyond the S level and catastropically disabled.

SMC "S" is not a stepping stone SMC benefit- it cannot be built on-

Nor can the K or Q SMC awards.

He is at L 1/2 already....a very high level of SMC.