OSC Posted May 18, 2015 Share Posted May 18, 2015 I realize there are quite a few threads going on about SMC and I didn't want to hijack any of them with my question...Which is pretty simple (LOL) Am I eligible for SMC based upon my last VA award??? 60 Nephropathy w/Hypertension 60 PN Upper Left 40 PN Lower Left 40 PN Lower Right 30 IHD 20 DMII 20 PAD Lower Left 20 PAD Lower Right 10 PN Upper Right 10 Scar L/R Carotid 10 Scar Abdomen 0 Hypertension 0 Surg Rt Ring Finger 100% P&T plus SMC (K-1) OSC 60 Nephropathy w/Hypertension 60 PN Upper Left 40 PN Lower Left 40 PN Lower Right 30 IHD 20 DMII 20 PAD Lower Left 20 PAD Lower Right 10 PN Upper Right 10 Scar L/R Carotid 10 Scar Abdomen 0 Hypertension 0 Surg Rt Ring Finger 100% P&T plus SMC (K-1) Link to comment Share on other sites More sharing options...
0 HadIt.com Elder jbasser Posted May 18, 2015 HadIt.com Elder Share Posted May 18, 2015 98.495064064% PER VA MATH. A Veteran is a person who served this country. Treat them with respect. A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served. Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with. Link to comment Share on other sites More sharing options...
0 FormerMember Posted May 18, 2015 Share Posted May 18, 2015 I'm not seeing a 100% or TDIU rating. Which exact disease is the P&T based on? Remember, 100% is not the same as TDIU. They pay the same but there is a vast difference in what is protected versus a future rerating. Tell us which disease is the predicate for your Permanent and Total so we can add the balance/type of diseases and injuries to determine SMC-S eligibility. Many forget you cannot add up like disease processes (all those PNs for 60, 40, 40 and 10) if they are related to the DM2. If you are doing insulin and the doctor has regulated your activities, you should be able to lasso in DM2 for 40%. FYI. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 18, 2015 Moderator Share Posted May 18, 2015 According to this, you have to have a "single" 100 percent, in order to qualify for Statuatory SMC S (Housebound): The Housebound benefit is payable under 38 U.S.C. 1114(s) (38 CFR 3.350(i)) to a veteran who has a single, SC disability rated as totally disabling, and · has an additional SC disability, or combination of disabilities, independently ratable as 60 percent or more disabling, or · is permanently housebound due to SC disability. If the veteran is entitled to Housebound benefits by statute (without demonstrating need, under 38 U.S.C. 1114(s)), the additional disability(ies), rated 60 percent or more disabling, must · be separate and distinct from the single disability, rated totally disabling, and · involve separate anatomical segments or body systems. Notes: · The principles regarding avoidance of pyramiding contained in 38 CFR 4.14 are applicable. · Within these limits, the fact that the single disability, rated totally disabling, and additional disabilility(ies), independently ratable as 60 percent or more disabling, share a common etiology, does not preclude entitlement. · Ratings of 100 percent under 38 CFR 4.28, 38 CFR 4.29, and 38 CFR 4.30 of the rating schedule may be used as a basis for entitlement. · Per Bradley v. Peake, 22 Vet. App. 280 (2008), an individual unemployability rating that is based on a single disability also satisfies the requirement for a total rating under 38 U.S.C. 1114(s). Link to comment Share on other sites More sharing options...
0 OSC Posted May 19, 2015 Author Share Posted May 19, 2015 I'm not seeing a 100% or TDIU rating. Which exact disease is the P&T based on? Remember, 100% is not the same as TDIU. They pay the same but there is a vast difference in what is protected versus a future rerating. Tell us which disease is the predicate for your Permanent and Total so we can add the balance/type of diseases and injuries to determine SMC-S eligibility. Many forget you cannot add up like disease processes (all those PNs for 60, 40, 40 and 10) if they are related to the DM2. If you are doing insulin and the doctor has regulated your activities, you should be able to lasso in DM2 for 40%. FYI. I went over my letter again looking for something that would state what disease they are using for my P&T, but nowhere does it state a specific disease. It also appears that I am one of those who forgets about adding up like processes as all of those PNs are DMII related. Appreciate you looking at my numbers...I will leave everything alone....I don't want to take the chance of a lowering (I have had one lowering already) of any of my percentages. Thanks everyone. OSC Buck52 1 60 Nephropathy w/Hypertension 60 PN Upper Left 40 PN Lower Left 40 PN Lower Right 30 IHD 20 DMII 20 PAD Lower Left 20 PAD Lower Right 10 PN Upper Right 10 Scar L/R Carotid 10 Scar Abdomen 0 Hypertension 0 Surg Rt Ring Finger 100% P&T plus SMC (K-1) Link to comment Share on other sites More sharing options...
0 Navy04 Posted May 19, 2015 Share Posted May 19, 2015 I agree with you bud, The VA has been messing with me the last few months, since I decided to file for a new FDC, which all was granted, but still got the old merry go round of crap from the VA. Just take it for what it is. Good luck Buck52 1 100% PTSD 100% Back 60% Bladder Issues 50% Migraines 30% Crohn's Disease 30% R Shoulder 20% Radiculopathy, Left lower 10% Radiculopathy, Right lower 10% L Knee 10% R Knee Surgery 2005&2007 10% Asthma 10% Tinnitus 10% Damage of Cranial Nerve II 10% Scars SMC S SMC K OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Chuck75 Posted May 19, 2015 HadIt.com Elder Share Posted May 19, 2015 I realize there are quite a few threads going on about SMC and I didn't want to hijack any of them with my question...Which is pretty simple (LOL) Am I eligible for SMC based upon my last VA award??? 60 Nephropathy w/Hypertension 60 PN Upper Left 40 PN Lower Left 40 PN Lower Right 30 IHD 20 DMII 20 PAD Lower Left 20 PAD Lower Right 10 PN Upper Right 10 Scar L/R Carotid 10 Scar Abdomen 0 Hypertension 0 Surg Rt Ring Finger 100% P&T plus SMC (K-1) OSC The 30% IHD, 20% DMII, and 0% Hypertension ratings may be lower than appropriate. For IHD, METS may not tell the full story. LVEF tests may show a lower result. DMII is often low balled. The VA seems to insist that all the requirements for the next level be met, even though the law/regs say the majority. 0% Hypertension may get into a with and without medication issue. The VA generally wants to use the with medication values, (because they are lower) and the rest of the medical profession prefers the without meds readings to determine the actual severity. Link to comment Share on other sites More sharing options...
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OSC
I realize there are quite a few threads going on about SMC and I didn't want to hijack any of them with my question...Which is pretty simple (LOL) Am I eligible for SMC based upon my last VA award???
60 Nephropathy w/Hypertension
60 PN Upper Left
40 PN Lower Left
40 PN Lower Right
30 IHD
20 DMII
20 PAD Lower Left
20 PAD Lower Right
10 PN Upper Right
10 Scar L/R Carotid
10 Scar Abdomen
0 Hypertension
0 Surg Rt Ring Finger
100% P&T plus SMC (K-1)
OSC
60 Nephropathy w/Hypertension
60 PN Upper Left
40 PN Lower Left
40 PN Lower Right
30 IHD
20 DMII
20 PAD Lower Left
20 PAD Lower Right
10 PN Upper Right
10 Scar L/R Carotid
10 Scar Abdomen
0 Hypertension
0 Surg Rt Ring Finger
100% P&T plus SMC (K-1)
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OSC
I went over my letter again looking for something that would state what disease they are using for my P&T, but nowhere does it state a specific disease. It also appears that I am one of those who
Navy04
I agree with you bud, The VA has been messing with me the last few months, since I decided to file for a new FDC, which all was granted, but still got the old merry go round of crap from the VA. Just
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