diabetes Smc For 100% Plus 60%

[fisherman]

I applied for under agent orange my diabetes II for my service connection from Viet Nam service in the first part of August. I am taking metformin 500mg twice a day, and told to diet and exercise. Today Sept 27 I received a phone call from the VA making an appointment for next Tuesday Oct 2 2012 for C&P for my claim. I don't know what to make of this because I thought I would have to go threw a big process to get this done. In my claim I didn't ask for SMC at this time will they award this without asking? I asked the person who called if I needed blood work and she said no just bring my medicines I take. Today I went to that C&P and the guy told me this was a simple matter, VA only wanted to make sure I had Diabetes II, He ask if I had any medical information other than the VA and I said no. I also got a package from the regional office with forms I signed at the DVA for no more evidence decide my claim. I am completely at a loss about this, could someone help me to understand what I should expect. I am 100%PTSD 40%hearing 10% tinnitus plus the diabetes rating, will I qualify? Many thanks

Edited October 2, 2012 by fisherman

[jbasser]

DMII is 20 percent with meds so with your current schedule it looks like 100 plus an additional 60 which results in SMC S.

About 300 to 320 more per month than the regular schedule.

Basser

[Chuck75]

The VA sometimes claims that the additional disabilities beyond the single 100% have to be 60% for a single additional disability or the additional disabilities have to add up to 60% using VA math. I've heard of awards citing both methods. I guess "you rolls the dice, and takes your chances". The counter argument to using VA math is that it no longer applies when a single 100% disability is awarded.

[broncovet]

I always view with skepticism anyone who tells me they are with the VA and there to help me increase my rating.

I do agree with Chuck and Basser...It is unclear whether the VA will give the Veteran the "benefit of the interpretative doubt" and award claimants SMC with the percentages above 100 as added or combined.

It would appear, in your case, fisherman, that if they "add them" your 40 plus 20 plus 10 will yield you the requiremtents for statuatory housebound and these add up to more than 60%.

However, if they combine these ratings using fuzzy math, then who knows? It appears your "combined" rating would be 100 plus 50, so you would not get SMC in that case.

I think when there is interpretative doubt, the VA usually rules against the Vet in order to save money, until/unless the Vet appeals.

Edited October 8, 2012 by broncovet

[johnjjr]

Bronco,

by VA "fuzzy" math, 40+20+10=57 which rounds up to 60%. So fisherman should get "S" rating either way they add it up.

[Philip Rogers]

Using your numbers and the anticipated 20%, for type II diabetes, you should qualify for an SMC "s" award, using either VA math or standard addition. The VA is supposed to award it without the claimant filing for it. If you do get the 20% and don't receive SMC automatically, I would drop them a not stating that you believe they erred and they should have awarded the SMC "s" award. They generally correct these things quickly, when they realize they can't slip it by you. jmo The current rate for an "s" award is $331 monthly.

pr

Edited October 8, 2012 by Philip Rogers

[broncovet]

John and PR...

Thanks for correcting my "fuzzy math". Of course no one knows whether he will get 10 or 20 percent for the applied benefit, or nothing. For many, however, the differcence between "adding" or

combining benefits above 60 will mean the difference between getting SMC or not. So, whether or not he gets SMC will turn on:

a) the rating he gets for the benefit sought and

b) whether the VA comibines or adds the numbers, that is, whether they use fuzzy math or not.