tdiu Two Total Ratings?

[Rich T]

SMC L is regular A&A, The next level of A&A is Special A&A paid at R1. In order to get R1 a veteran has to be rated for 2 seperate and distinct 100% ratings that require A&A under CFR 3.351. A&A at smc M is a misnomer.

[john999]

Berta

I got "S" under Bradley as a CUE being that I got an extra 60% in July 2008 (I was already TDIU since 2001).

[Teac]

SMC L is regular A&A, The next level of A&A is Special A&A paid at R1. In order to get R1 a veteran has to be rated for 2 seperate and distinct 100% ratings that require A&A under CFR 3.351. A&A at smc M is a misnomer.

Actually, the next up from L is L 1/2 ... then M.

[Chuck75]

You can, and should appeal the loss of TDIU. If the appeal period has expired, CUE will be your next step. If you decide to go this route, a lawyer will likely be needed.

[Berta]

Rich said:

"A&A at smc M is a misnomer." I am surprised at that.

I used a section of M21-1MR to request accrued SMC at the M level and A & A for my deceased husband.

As I understood the M21-1MR reg (because it was hard to find any specific "M" award at the BVA or anywhere else)

My last award of direct SC death brought my husband's ratings up to 3 separate 100% SCs plus the A & A.

He had the same 3 100% disabilities under 1151 award but the VA has Never even considered him for SMC.I have had CUE on that since 2004 and these claims are with Nehmer people now.

It is OK by me if they award the R-1 instead of M.That ups the ante.

VA actually made the audacious statement that he wasn't eligible for SMC "under any circumstance."

100% times 3 separate disabilities and awarded under both 1151 and direct SC -they will eat those words.

I even sent them the SMC criteria and stated to them that these regs do NOT specifically state that the SMC mandate as inferred issue when medical evidence warrants it- and the 38 CFR/ USC Statuatory regurements apply to all eligible veterans except for Vietnam Combat vet Rod Simmons.I read the regs many times and he is not mentioned by name as somehow different from all other veterans.

BTW all- Sec 1151 Awards also are required to be considered for SMC eligibilty if the ratng and medical evidence warrants that.There are many 1151 SMC awards at the BVA.

My former vet rep didn't know that.

[Rich T]

I'm sorry Berta, I know that you can have A&A and receive an 'M' award. What I meant is that regular A&A is given an 'L' and of course more can be added to it to reach 'M'. In fact, here are at least 27 other combinations of pay codes that can include regular A&A. The main criteria is the veteran has to meet needs in CFR 3.351