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WAC-Vet75

Smc Additional Disability Ratings Are Added, Not Combined

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From another thread I had started, there was a bit of discussion concerning SMC and additional disabilities. Here is a BVA case that shows once a Veteran is SMC eligible, any additional disability ratings ARE NOT combined....

http://www4.va.gov/vetapp10/files3/1021990.txt

At the outset, the Veteran has been awarded entitlement to

TDIU, effective June 10, 2002, primarily based upon his

service-connected acquired psychiatric disorder. Effective

June 10, 2002, the Veteran also met the criteria of having

additional service-connected disability independently rating

at 60 percent or more (left knee degenerative joint disease

rated as 30 percent, left knee subluxation rated as 10

percent, and left common peroneal nerve injury rated as 20

percent). As such, the record establishes the Veteran's

entitlement to SMC benefits under 38 U.S.C.A. § 1114(s)

effective June 10, 2002.

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WAC-Vet75 - This is the proof I've been looking for. I received a call again yesterday on my claim asking "what I wanted to do." They, once again, explained that according to their chart I didn't qualify for SMC "s" - I tried explaining but they "wouldn't hear." I'll be there tomorrow with my updated evidence and since my claim is currently being worked on should have an approval within 60-90 days. jmo

Check your messages. Thanks, again!!!!!!!!

pr

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Great find WAC vet75!!!!!!!!!!!!!!-

In situations like this I see no reason NOT to use a BVA decision to support this point for a SMC claim Philip.

This BVA statement is not a question of a medical statement specific to one vet, it is application of the SMC regs by the BVA.

GO FOR IT!!!!!!!!!!!!!!!!

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Berta, thanks! Yup, it was a great find by her. I owe her big time!!! It should be a shoe-in but ya never know w/the VA. At least if they deny, I'm prepared to take it to the CAVC, if necessary. The BVA judge properly applied 38 USC 1114(s), in this case and I'm sure there are more.

pr

Great find WAC vet75!!!!!!!!!!!!!!-

In situations like this I see no reason NOT to use a BVA decision to support this point for a SMC claim Philip.

This BVA statement is not a question of a medical statement specific to one vet, it is application of the SMC regs by the BVA.

GO FOR IT!!!!!!!!!!!!!!!!

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I have to be the happiest person in the world right now! Knowing that I may have helped one of my comrades get what he/she deserves, also helping out myself (they made a CUE on mine also), is the best feeling in the world!!!! Gee, seems my worsening condition was actually a blessing, as it forced me to stay in bed (what I thought was way too much!), causing me a LOT of time to think, and read (when I can read)!

Now, I want all my comrades that this information helps to take their right hand, put it on their left shoulder, their left hand on their right shoulder, and squeeze... that's a great big old hug from me! For those that are physically unable to do that......then picture a big hug coming from a little red-head, and that's my hug to you!

Old soldiers never die.....we just pick new wars to fight!

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