? About Smc

[dsgsr]

For months now my psych. Dr. has been telling me I am severely depressed. I am presently 70% SC for Depression, so I requested my VSO too put in for an increase. I asked the VSO if I was increased to 100% for depression would I qualify for SMC-S as I would still have other disabilities rateable adding up to 60% or more. Other than the 70% for depression I have 50%,40%,30% 20%,20%, 1.3% for bilateral. VSO said No, you must have single disability rateable at 60% by itself too qualify for S, Is this true?

Thank you,

David

[WAC-Vet75]

For months now my psych. Dr. has been telling me I am severely depressed. I am presently 70% SC for Depression, so I requested my VSO too put in for an increase. I asked the VSO if I was increased to 100% for depression would I qualify for SMC-S as I would still have other disabilities rateable adding up to 60% or more. Other than the 70% for depression I have 50%,40%,30% 20%,20%, 1.3% for bilateral. VSO said No, you must have single disability rateable at 60% by itself too qualify for S, Is this true?

Thank you,

David

If, you receive 100% for your depression... you are eligible for SMC for 100% plus 60%. 38 CFR 3.350 states disability(ies)... You do not have to have ONE single 60% rating, and I sincerely hope you just misunderstood your VSO, otherwise he/she is giving out incorrect information. "Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, " As long as the other disabilities are separate and distinct, and involving different anatomical segments or bodily systems... you would be eligible for SMC(s). If you are 100% under TDIU, with the additional 60% (same restrictions), you are also eligible for SMC(s).

[jbasser]

For months now my psych. Dr. has been telling me I am severely depressed. I am presently 70% SC for Depression, so I requested my VSO too put in for an increase. I asked the VSO if I was increased to 100% for depression would I qualify for SMC-S as I would still have other disabilities rateable adding up to 60% or more. Other than the 70% for depression I have 50%,40%,30% 20%,20%, 1.3% for bilateral. VSO said No, you must have single disability rateable at 60% by itself too qualify for S, Is this true?

Thank you,

David

Hey David, your VSO is wrong. (What an Idiot) How many othe vets has this chump scared off with his mis information.

I would find someone else. You dont have to have a single 60. All you need is 60 wether or not it is single or combined.

The big hurdle you face is the total. If you can get the PTSD to 100 percent or at least IU for that single sisability then you should have no problem getting SMC S.

I would consider booting this chump and switching to a bettter informed VSO. Rakwarior or Larry J can advise you better since they are VSO's and they both offer well respected opinions here.

J

[dsgsr]

Thanks for the replies so far. WAC-VET75, No misunderstanding. He said I wouldn't qualify because my next highest rating was only 50%, and I would need a single disability rated at 60%, so I didn't misunderstand him. From what I've read on this forum, I thought he was wrong but knew you folks could straighten me out. He also has never heard of Bradley V Peake.

Thank you,

David

[WAC-Vet75]

Thanks for the replies so far. WAC-VET75, No misunderstanding. He said I wouldn't qualify because my next highest rating was only 50%, and I would need a single disability rated at 60%, so I didn't misunderstand him. From what I've read on this forum, I thought he was wrong but knew you folks could straighten me out. He also has never heard of Bradley V Peake.

Thank you,

David

Can't blame me for hoping... seems jbasser is right, your VSO is an idiot. I try to give everyone the benefit of doubt, and you just confirmed I was in error this time..... Your VSO needs to go back into training, or at the very least, READ the CFR!

[john999]

Bradley V Peake is state of the art knowledge that this VSO should know well. These guys are a disgrace I think. SMC is confusing at times due to the different levels of A&A etc.