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Smc Awarded This Board Is Unbelievable!

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Bob is the Secretary of the Veterans Administration

robert.a.mcdonald@va.gov

He is the first VA secretary to ever publically  give out his email addy and has helped many veterans that way.

 

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  • HadIt.com Elder

Just remember those who have TDIU plus 60% that you are also entitled to "S". You can quote Bradley V  Peake as your authority if they quibble.  We are not supposed to have to file any claim

for  statutory housebound, so if they don't grant it when they should it is a CUE.   It is as if you were rated 50% and they refused to pay you.  It is an error of the most grievous kind.

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  • HadIt.com Elder

This is how it reads on ebenefits, it seems like that added them to come up with the 60%.

 

 

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of asthma rated 100 percent and additional service-connected disabilities of onychomycosis and tinea pedis, claimed as foot fungus, acne vulgaris with acne keloidalis nuchae and pseudofolliculitis barbae, patellar tendonitis, left knee, tinnitus, patellar tendonitis, right knee, right 5th finger injury , independently ratable at 60 percent or more from 10/08/2008.

 

You are receiving the following compensation

SMC (S-1)
Effective Date : 10/08/2008

Rating Date : 06/11/2015

When done properly by the regs, the 60% can be combined using VA math from ratings not used or needed to reach the 100%.

It's clearly spelled out and simplified when the first rating is the 100%.  When multiple disability ratings are involved, things can get messy, and the VA has the long standing habit

of under rating and awarding in such situations.  SMC S is supposedly "Automatic" when 100% for a single disability and 60% or more (by VA math) is also present.

There is an argument (that to my knowledge, has not been tested in court) that takes the stand that the 100% used up the disabilities or disability subject to VA math,

so the remaining disabilities should be simply added.  Many VA employees even into management, still think that the 100% P&T is the end of the road for compensation.

That's far, far from the truth. SMC S is just the tip of the SMC iceberg.

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