Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Form 526Ez To File For Smc-S?

Rate this question


retroman

Question

Hi, Just got off the phone with VA and asked if I am qualified for SMC-S under Bradley V Peake and the lady told me to file EZ form 526. I told her it’s the statutory and I don’t need to file the form and she told me that’s the only way for rater to look at. What do you think? Below is my disabilities and I need you to tell me if it’s a shot or not.

Thoracic 40%

Right lower extremity(secondary) 10%

Left lower extremity(secondary) 10%

Cervical spine 20%

Right dominant upper(secondary) 20%

Headaches 30%

Scares on face 30%

Allergic rhinitis 10%

ED(secondary) 0%

IU approved on all above affective date of 1 Jun 2011

Depression (secondary)70% affective date of 2 Apr 2012.

So is this what Bradley V Peake calles 100%+60%?

Link to comment
Share on other sites

Recommended Posts

  • 0

VA often says TDIU may be granted for a basket of disparate disabilities as opposed to one primary issue as the bedrock foundation for granting it. I don't buy it. All the TDIU work I've done or touched boiled down to a 40% plus other semi-related diseases/injuries secondary or in some way related to achieve 70% or a 60% standalone for a muscular-ish disability. 70% for PTSD also falls into this second area. Of the former, every 40% disability was the principle cause of the TDIU. Diabetes II  @ 40 with peripheral neuropathy to varying degrees (upper and lower)  bilaterally that achieve that 70% combined are the most common followed by heart/ cardiovascular with hypertension added. I'm doing one with retained metal fragments on the dominant side in 12 MGs which should do the same thing-but the retained metal in the eye/face add to the original SFWs as well as ruptured eardrums and tinnitus. The common thread is it all occurred at the same time (one event). I'm sure there are cases with a mix of two disabilities that were both 40%-ish that might contradict me but they are rare and the exception. Always remember- TDIU is actually an Extraschedular rating and requires a trip to DC for a gander by the director of Comp and Pen service if there's any doubt. The ROs are notably myopic in all but the most blatantly compelling cases. 

RM's issue here not unique to TDIU jurisprudence but it mirrors the Buie precedence to a T. This would be a slam dunk at the appellate level. Sadly, VA folks don't work with Buie but rather the M-21 stone tablets. It will be fixed some day. I bet I could teach a DRO Coach to do it in a recorded hearing in an hour or less. Or maybe not. IQ plays a big part in this. There's a dearth of that within ROs. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use