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carlie

Special Monthly Compensation At The Statutory Housebound Rate

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100 percent Ptsd P and T

plus 20

20

20

10

10

That equals 60 so yes. You shouls ask for SMC S.

J

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I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks!

pr

100 percent Ptsd P and T

plus 20

20

20

10

10

That equals 60 so yes. You shouls ask for SMC S.

J

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Just to note..... If, ratings in excess of 100%, are to be added, as I and other believe to be so, and not combined, I would venture to say that the bilateral factor could not be used. The bilateral factor is used in connection with the combined evaluation rating, and would not be considered "independently ratable".

The BVA has ruled for SMC using addition, as oppose to combined evaluation rating, and also used combined evaluation rating..... I believe the BVA has not been directly challenged on this law/regulation.

I am presently waiting for claims to be rated (in rating since Dec), then I will be challenging the interpretation of the law. I should have been house-bound since 1993, and additional 60% (50% for half step), since 1997, not including my present claims. I believe PR already has his claim in, challenging the interpretation.

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WAC-Vet75 - Mine was recently denied and has just been received, again, at the BVA, as part of a previous remand, where it's, according to the BVA's recent letter, being treated in a expeditious manner because it's been previously remanded. As I recall, I have two 100% ratings (PTSD 100% + PTSD w/alcoholism 100%), plus a 20% for DMII, two 10%'s for PN in legs w/bilateral factor, 10% for hypertension and 10% for tinnitus. We'll see what happens. This week, I'll send an additional statement explaining to the BVA where I feel the RO screwed up and waive any additional review of evidence by the RO. My current claim is twofold: The first is an appeal of a housebound claim from 1989 w/the "s" claim being an inferred issue and the second is them adding my new CUE claim for an "s" award, based on the 100% + 60% ratings. The RO has combined them which, in itself, is an error. Again, we'll see what happens? I will go to the CAVC w/it, if necessary. It's already been to the CAVC, where, if you recall, my atty won a remand on the 1989 housebound issue. They keep denying it because I'm able to attend my VA appointments and the C&P doctors won't speculate as to whether my SC disability(PTSD) interfered w/my ability to leave the house, to go to work. (which the CAVC requested in the remand)

pr

Just to note..... If, ratings in excess of 100%, are to be added, as I and other believe to be so, and not combined, I would venture to say that the bilateral factor could not be used. The bilateral factor is used in connection with the combined evaluation rating, and would not be considered "independently ratable".

The BVA has ruled for SMC using addition, as oppose to combined evaluation rating, and also used combined evaluation rating..... I believe the BVA has not been directly challenged on this law/regulation.

I am presently waiting for claims to be rated (in rating since Dec), then I will be challenging the interpretation of the law. I should have been house-bound since 1993, and additional 60% (50% for half step), since 1997, not including my present claims. I believe PR already has his claim in, challenging the interpretation.

Edited by Philip Rogers

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I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks!

pr

Your Correct PR. The VA should look at the effective date. The date you are entitled to is the date.

Basser

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