Smc S

[john999]

Dolphin

That is confusing. I thought if you had IU and 60% above and beyond the IU that you were eligible for the S award. I think independent means independent of the IU award, but I don't know if it means just one disability at 60% or multiple to make 60%. I don't think that is clear, but I would file. When in doubt file!

[Dolphin25]

John...OK..I found something that will clarify this and that is the attachment to this post. Read the highlight I copied and pasted here under "New Evidentiary Standard".... but what they are saying in reference to the TDIU is that it has to be based on one 70 percent evaluation alone then the 60% can be a culmination of other disabilities adding to the 60% rating. Again, let me know if this is what you interpret it to be also. I sure don't want to be misleading anyone.

New Evidentiary Standard

Based on the Court’s decision in Bradley, entitlement to SMC at the (s) rate will now be granted for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability and (1) there exists additional disability or disabilities independently ratable at 60 percent or more, or (2) the veteran is permanently housebound by reason of a service-connected disability or disabilities.

For example, a veteran in receipt of TDIU based on a 70 percent evaluation for post- traumatic stress disorder (PTSD) and other service-connected disabilities consisting of a below-the-knee amputation, rated 40 percent disabling; tinnitus, rated 10 percent disabling; and diabetes mellitus, rated 20 percent disabling, would be entitled to SMC at the (s) rate if it is determined that PTSD is the sole cause of the unemployability, as the other disabilities have a combined evaluation of 60 percent.

Dolphin

That is confusing. I thought if you had IU and 60% above and beyond the IU that you were eligible for the S award. I think independent means independent of the IU award, but I don't know if it means just one disability at 60% or multiple to make 60%. I don't think that is clear, but I would file. When in doubt file!

Bradley v Peake SMC Guidance Letter.doc

[Berta]

I certainly agree to file the claim -because as I understand this-

disabilities independently ratable at 60 percent or more, it means at least one that is solely ratable at 60% -however-

I bet there are many vets with independent ratable disabilities that might have been below 60% when they filed their claim and had it rated and now could be rated at 60% or more if they re-open.If they get TDIU or 100% that sets stage for claim for higher rating of the independent disability for SMC S award.

There are probably many AO IHD vets too whose IHD was rated as NSC and below 60% years ago ,who also have a TDIU or 100% independent additional SC.The new AO IHD regs might award them SMC under Nehmer due to a past AO denial.

[kamaka57]

I certainly agree to file the claim -because as I understand this-

disabilities independently ratable at 60 percent or more, it means at least one that is solely ratable at 60% -however-

I bet there are many vets with independent ratable disabilities that might have been below 60% when they filed their claim and had it rated and now could be rated at 60% or more if they re-open.If they get TDIU or 100% that sets stage for claim for higher rating of the independent disability for SMC S award.

There are probably many AO IHD vets too whose IHD was rated as NSC and below 60% years ago ,who also have a TDIU or 100% independent additional SC.The new AO IHD regs might award them SMC under Nehmer due to a past AO denial.

Berta,

See link below for important smc (s) support documentation

[kamaka57]

I certainly agree to file the claim -because as I understand this-

disabilities independently ratable at 60 percent or more, it means at least one that is solely ratable at 60% -however-

I bet there are many vets with independent ratable disabilities that might have been below 60% when they filed their claim and had it rated and now could be rated at 60% or more if they re-open.If they get TDIU or 100% that sets stage for claim for higher rating of the independent disability for SMC S award.

There are probably many AO IHD vets too whose IHD was rated as NSC and below 60% years ago ,who also have a TDIU or 100% independent additional SC.The new AO IHD regs might award them SMC under Nehmer due to a past AO denial.

Berta,

See link below for important smc (s) support documentation:

http://veterans.house.gov/Media/File/111/7-23-09/VAFastLetter.htm

Kamaka

[Berta]

..."OK..I found something that will clarify this and that is the attachment to this post. Read the highlight I copied and pasted here under "New Evidentiary Standard".... but what they are saying in reference to the TDIU is that it has to be based on one 70 percent evaluation alone then the 60% can be a culmination of other disabilities adding to the 60% rating. Again, let me know if this is what you interpret it to be also. I sure don't want to be misleading anyone."

Yes-THANK you-

they are saying the independent disabilities can add up to 60% or over to qualify the vet for SMC S consideration.

I sure don't want to mislead anyone either and this is new info for me as I have always focused on the 100% plus 60% criteria, thinking the 60 had to be one single additional independent disability.