Smc S

[john999]

I got a email for lawyers at the NLVSP and they say Bradley is settled law. There was an attempt by the VA to upset it in 2009, but it failed so if you are IU plus 60% go for it.

[Dolphin25]

John....In Bradley they state IU is the same as 100% disabled when deciding an SMC claim, do you know if the 60% is one disability that is rated at 60% or can it be a culmination of ratings that equal 60% or greater..For instance I have TDIU as a rating then I have a 70% plus about 6 20% ratings and 3 10% ratings....Are they saying that TDIU is in itself a rating or are they raising let's say the 70% rating to 100% TDIU so therefore the 70% cannot be used again in deciding a higher level of AA??

I got a email for lawyers at the NLVSP and they say Bradley is settled law. There was an attempt by the VA to upset it in 2009, but it failed so if you are IU plus 60% go for it.

[Philip Rogers]

I would apply.

pr

John....In Bradley they state IU is the same as 100% disabled when deciding an SMC claim, do you know if the 60% is one disability that is rated at 60% or can it be a culmination of ratings that equal 60% or greater..For instance I have TDIU as a rating then I have a 70% plus about 6 20% ratings and 3 10% ratings....Are they saying that TDIU is in itself a rating or are they raising let's say the 70% rating to 100% TDIU so therefore the 70% cannot be used again in deciding a higher level of AA??

[Berta]

This is attorney Ron Abram's testimony to H VAC on SMC and Bradley:

http://veterans.house.gov/hearings/Testimony.aspx?TID=59742&Newsid=442&Name=%20Ronald%20B.%20Abrams

100% SC or TDIU SC plus an independent service connected disability at 60 % equals SMC s award.

The key wording is 'independent'.

Personal example:

My husband was 100% SC for PTSD.

He had "independent" DMII, IHD, and as well as CVA found as due to his AO exposure.

The IHD alone requires 60% rating per the AO IHD regs.( The VA has never rated this FTCA disability but has to now under Nehmer and the new IHD regs ans resolve my CUE as to the lack of rating)

100% SC for PTSD plus 60% for SC IHD equals SMC "S" award.

I think he is eligible for "M" because the evidence indicates that at some point his IHD was 100% and it caused his death, and his CVA (SC) was 100%.

Three separate and independent SC awards at 100% with SMC S eligibility should garner the SMC M Award.

(that is a very unusual situation and maybe this will help someone else)

But my point here is that the regs say "independent " disabilities and as far as I know the additional independent disabilty for the "S" award must be rated at least at 60%.

Edited October 19, 2010 by Berta

[Berta]

just to clarify-

3 independent 100% SC awards that satisfy the steps up to SMC "L" levels should garner the M award.

[Dolphin25]

Berta...I think I understand what you are saying and that is the 60% rating cannot be a culmination of ratings that will equal the 60% or how the VA applies their math in computing the 60%. You say the key word is "Independent"...now I read here, where the Statute is saying if the veteran

has additional service connected disability or "disabilities" (meaning more than one)....are they saying the culmination of "disabilities" need to be independent of the 100% rating or TDIU or are they saying as I think what I understand you to be saying is that it needs to be a 60% rating in and of itself without adding multiple disabilities to get to the 60% rating? (God, that's confusing even for me and I wrote it....) I know what I mean but sometimes it doesn't flow out from my mind onto print...so forgive me if you are confused in what I am asking..

38 U.S.C. § 1114(s) provides that SMC at the (s) rate will be granted if a veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or (2) is permanently housebound by reason of a service-connected disability or disabilities.

This is attorney Ron Abram's testimony to H VAC on SMC and Bradley:

http://veterans.hous...d%20B.%20Abrams

100% SC or TDIU SC plus an independent service connected disability at 60 % equals SMC s award.

The key wording is 'independent'.

Personal example:

My husband was 100% SC for PTSD.

He had "independent" DMII, IHD, and as well as CVA found as due to his AO exposure.

The IHD alone requires 60% rating per the AO IHD regs.( The VA has never rated this FTCA disability but has to now under Nehmer and the new IHD regs ans resolve my CUE as to the lack of rating)

100% SC for PTSD plus 60% for SC IHD equals SMC "S" award.

I think he is eligible for "M" because the evidence indicates that at some point his IHD was 100% and it caused his death, and his CVA (SC) was 100%.

Three separate and independent SC awards at 100% with SMC S eligibility should garner the SMC M Award.

(that is a very unusual situation and maybe this will help someone else)

But my point here is that the regs say "independent " disabilities and as far as I know the additional independent disabilty for the "S" award must be rated at least at 60%.