tdiu Eligibility Smc S

[derenick52]

Hey,Had my right hip replaced in June-am 90% Combined rating-70/40/20/10-100% Unemployability-the 20% Is for the Right hip-which will go to 100% For 13 months surgery convalescence-which should put me in Special monthly compensation-S-100% Plus another 60% for 13 months-IS THAT CORRECT-? The Disabled American Veterans had me file FULLY DEVELOPED CLAIM-With surgery report-also submitted surgery consultation and pre op physical-SO Received a letter about a month later stating they are deciding if additional evidence is required-the VA Entered in my claim that I am not eligible for Fully developed claim-obtained a e benefit password-states a completion date of Feb 2015-going the traditional process,Is there something I missed on Fully developed claim-? Have not had any claim for several yrs now,No experience with fully developed claim,had surgery convalescence for back surgery 30 yrs ago,went thru the next month-any input greatly appreciated,THANKS

[meghp0405]

no, the SMC S is awarded for those veterans that have 160% of disabilities. The temporary 100% for your convalescence is not utilized for the SMC S.

As for the fully developed claim, if you submitted ALL documentation in support of your claim and submitted it on a VA FM 21-526ez, this is a FDC. When VA sends you a request for additional information and you send it to them, it no longer gets processed as a FDC. It then becomes a normal claim.

If you sent them all your documentation, I would submit a VA FM 21-4138 and say this or words to this affect;

I acknowledge receipt of your letter dated xx-xx-xxxx. I have nothing further to submit and request that this claim be processed as a fully developed claim.

complete the 4138 and provide it to your DAV representative and let him/her submit it to VA.

The VA is now sending out a request for additional information with a FM 5101. I don't understand why they are doing this when a veteran submits a FDC....

[71M10]

Meghp0405, can you cite where it states the temp convelescent rating will not be considered in the computations for SMC?

Currently a person with a less than 100% rating for a disability who has found to be TDIU due to that disability gets it as a 100% for purposes of SMC even if it is only a 60% rating. These two different interpretations seem to be at odds with one another, but it is entirely possible that is what has been codified in regulation and rules.

Best regards,

[Philip Rogers]

I also believe that a claimant can be eligible for an "s" during a 100% convalescent rating period provided they meet the 100+60 rule. It can also be received during a temporary TDIU award. Please post any regulation you may have that corrects me. Thanks!!

pr