Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
vperl

Smc For Two 100% Awards

Question

Question:

If a vet has Two separate and different 100% Schedular Awards

One of the awards has been approved and all retro for the first

100% paid.

The second 100% Scheduler soon to be awarded (It is deferred)

Will make two different 100% schedulers….

What is the VA position on this ?

I was told by a very knowledgable person that the VA is required

To pay no higher SMC O, I have no real idea …. Even the regs seem

To be less than ….

So the question, is there a SMC to be awarded, any idea which SMC ?

Edited by vperl

Share this post


Link to post
Share on other sites

Recommended Posts

Question:

If a vet has Two separate and different 100% Schedular Awards

One of the awards has been approved and all retro for the first

100% paid.

The second 100% Scheduler soon to be awarded (It is deferred)

Will make two different 100% schedulers….

What is the VA position on this ?

I was told by a very knowledgable person that the VA is required

To pay at least SMC O, I have no real idea …. Even the regs seem

To be less than ….

So the question, is there a SMC to be awarded, any idea which SMC ?

V,

The regs are vague on this question, but you would qualify for SMC. I'm sure you already know that. It might depend more on the needs of the person related to the diagnosis and severity of the condition.

JMO,

Bergie

Share this post


Link to post
Share on other sites

Ad

I believe it would still be an SMC S or the total plus 60 rule.

If you have any loss of use issues or are in need of A&A, then it will be a higher level.

J

Share this post


Link to post
Share on other sites
V,

The regs are vague on this question, but you would qualify for SMC. I'm sure you already know that. It might depend more on the needs of the person related to the diagnosis and severity of the condition.

JMO,

Bergie

One maybe for cardiac claim and the other fro PTSD

Here is the link I was provided

http://ecfr.gpoaccess.gov/cgi/t/text/text-...144&idno=38

here is the regulation…

(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.

(i) Where the multiple loss or loss of use entitlement to a statutory

or intermediate rate between 38 U.S.C. 1114 (l) and (o) is caused by

the same etiological disease or injury, that disease or injury may not

serve as the basis for the independent 50 percent or 100 percent

unless it is so rated without regard to the loss or loss of use.

(3) Amount of the allowance. The amount of the additional allowance

payable to a veteran in need of regular aid and attendance is

specified in 38 U.S.C. 1114®(1). The amount of the additional

allowance payable to a veteran in need of a higher level of care is

specified in 38 U.S.C. 1114®(2). The higher level aid and attendance

allowance authorized by 38 U.S.C. 1114®(2) is payable in lieu of the

regular aid and attendance allowance authorized by 38 U.S.C.

1114®(1).

(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.

Share this post


Link to post
Share on other sites

SMC S would be minimum. What yoiu mnigh do is request from VARO a SMC Rating justified by his service connection.

What are the service connections and you should review the rating criteria for the higher SMC ratings.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Popular Contributors

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Military Service Records - Military personnel records can include DD 214s/Separation Documents, service personnel records found within the Official Military Personnel File (OMPF), and medical Records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research.
      • 0 replies
    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 6 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
×

Important Information

{terms] and Guidelines