Bva Denied My Smc For 100% + 60% "s" Award . . .

[Philip Rogers]

I'll be happy just to live long enough to get a positive decision, aside from making the Court resolve the SMC "s" award 100+60 criteria issue. jmo

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[Berta]

YIPPEE !!!

Keep yourself as healthy as you can Philip!!!!!

I did that for the last 12 years I was a VA claimant , just for SPITE!!!

[Philip Rogers]

Teac - I've just looked up "combined" & "aggregate" and using the simple definition(s), the Court will rule favorably, otherwise they would have used "combined ratings table,"

if that's what they meant. jmo

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Getting back to the original question that is adding vrs combining the additional rating at 60%..

I have reviewed a COAV case that specifically states:

The Court explained that "Congress used the article 'a' and singular

'disability' when establishing 'a service-connected disability rated as total' as one of the requirements

for [special monthly compensation] under section 1114(s)." Id. The Court noted that, "In contrast,

Congress permits the second requirement to be met with either a single 'disability or disabilities

independently' rated at 60%." Id.The Court concluded that this distinction demonstrated

"congressional authorization for combined ratings to satisfy the second requirement but not the first."

Read the entire case here: http://www.veteransl...uie_08-2705.pdf

So If I am reading this case correctly the issue at hand has already been decided, and the answer is the additional disability is combined not added.

[Teac]

Teac - I've just looked up "combined" & "aggregate" and using the simple definition(s), the Court will rule favorably, otherwise they would have used "combined ratings table,"

if that's what they meant. jmo

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An aggregate is a collection of items that are gathered together to form a total quantity. The question is does the va combine using va math or straight maths... looking at simple definitions does not answer the question......

[Philip Rogers]

Teac - not to beat this thing to death but after finally getting around to reading Buie, I think the VA has been applying the "s" award improperly. Everything I've read points to added (or combined but not using the combined ratings table CRT). The CRT is a separate matter. Nowhere in the definition of combined does it point to the CRT. Hopefully, when my case gets to the court we'll find out. jmo

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[Philip Rogers]

Update - My attys, Bergmann & Moore, LLC, filed my case at the CAVC and have advised me of the various times as to when things will be progressing. It looks as tho they are looking for a remand and it'll probably take about 2 yrs before we get a decision. I'll update periodically and hopefully have a decision on the "s" award criteria by mid 2016.

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