WAC-Vet75 Posted February 23, 2011 Share Posted February 23, 2011 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. Maurice 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 23, 2011 HadIt.com Elder Share Posted February 23, 2011 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 Link to comment Share on other sites More sharing options...
Berta Posted February 23, 2011 Share Posted February 23, 2011 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!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 23, 2011 HadIt.com Elder Share Posted February 23, 2011 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!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
WAC-Vet75 Posted February 23, 2011 Author Share Posted February 23, 2011 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! Link to comment Share on other sites More sharing options...
WAC-Vet75 Posted February 23, 2011 Author Share Posted February 23, 2011 Just to let everyone know...this was the date of that BVA decision.... Citation Nr: 1021990 Decision Date: 06/14/10 Archive Date: 06/24/10 Link to comment Share on other sites More sharing options...
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