vperl Posted May 3, 2010 Share Posted May 3, 2010 (edited) 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 May 4, 2010 by vperl Link to comment Share on other sites More sharing options...
*Bergie* Posted May 3, 2010 Share Posted May 3, 2010 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted May 3, 2010 HadIt.com Elder Share Posted May 3, 2010 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 Link to comment Share on other sites More sharing options...
vperl Posted May 3, 2010 Author Share Posted May 3, 2010 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted May 4, 2010 HadIt.com Elder Share Posted May 4, 2010 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. Link to comment Share on other sites More sharing options...
Donna Posted May 4, 2010 Share Posted May 4, 2010 what is SMC Link to comment Share on other sites More sharing options...
Berta Posted May 4, 2010 Share Posted May 4, 2010 Special Monthly Compensation is explained well in this BVA decision. I have a CUE claim pending for accrued SMC and happened to have this case at hand- it isnt specific to anyone here but contains the SMC regulations and explains them. http://www4.va.gov/vetapp10/files1/1000066.txt The SMC "K" award is the lowest monetary award- with higher levels that award well over the 100% rate. Link to comment Share on other sites More sharing options...
Question
vperl
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 vperlLink to comment
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