Attn: Harleyman

[Philip Rogers]

When you have the time, maybe you can answer this for us. What does the VA do when a claimant is already rated 100% scheduler and they have additional ratings that "add" up to 60% (ie: 20%,10%,10%,10% and 10%)?? Do they continue to use the combined ratings table(CRT), even tho the claimant is already 100% and therefore they shouldn't be using the CRT, as the claimant is already completely disabled and should have a value of "0"?? This has to do with an SMC "s" award. Thanks ahead of time!

pr

[harleyman]

SMC S total plus 60.

A single disability rated as IU or 100 percent and an additional or additional combinations totaling 60.

The question in fact is the method the VA uses to calculate to get to the 60 percent.

Do they use the combined ratings schedule or add the numbers up since a veteran is already 100 percvent or at least paid at that rate.

Im betting on combined schedule.

J

JBasser is correct. A single disability rated IU or 100% plus an additional 60% disability or combination of disabilities equaling 60%. The VA always uses the combined rating table, even after your initial IU or 100% disabling condition, even for SMC S and higher evaluations.

Edited August 27, 2013 by harleyman

[meghp0405]

I also thought that once a veteran was rated 100%, the VA started over if any other disabilities were rated service connected. We have been told that isn't the case and that all disabilities are added together and the ladder starts all over again. I've yet to assist anyone in that category, but it would be nice to know in case it does happen.

I'm sure Harleyman will respond, it would be great when he does if he could follow up with a chapter, section, sub section that deals with this issue. I haven't found it as yet.

[jbasser]

I thought we had been down this road before?

Did we ever get a reasonable answer?

J

[Philip Rogers]

I thought we had been down this road before?

Did we ever get a reasonable answer?

J

J - Not officially, from an "insider." I'm fairly sure the VA plays stupid and uses the CRT, starting it over again, which would actually be illegal because they're penalizing someone who is already 100% disabled, and has a "0" disability worth. I just thought I'd ask to clarify, as "we" don't really know. My case is at the BVA, on remand from the CAVC, and I should have a decision shortly. We know that the VA routinely misinforms the claimant by quoting only half of some regulations. When they first denied me TDIU they quoted 38 CFR 4.16(a) but never mentioned 38 CFR 4.16(b). Had I not read the complete 38 CFR 4.16, I probably would have given up.

pr

[Motherof3]

Correct me if I am wrong.

SMC is awarded two ways:

- 60% combined over one diagnosis of 100% (my current status)

- and/or Percentages based on additional disabilities above 100% (my open claims could be rated from 50% to 100% individually), i.e. GWI and post surgery issues (previously denied).

If it weren't for hadit.com, I wouldn't know what direction to go!

Edited August 26, 2013 by Motherof3

[jbasser]

SMC S total plus 60.

A single disability rated as IU or 100 percent and an additional or additional combinations totaling 60.

The question in fact is the method the VA uses to calculate to get to the 60 percent.

Do they use the combined ratings schedule or add the numbers up since a veteran is already 100 percvent or at least paid at that rate.

Im betting on combined schedule.

J