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

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    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

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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

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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

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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

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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.

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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.

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what is SMC

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