Heard Back From Ro After Emailing Ms Hickey About Smc-S

[glider222]

I sent an email to Ms Hickey yesterday outlining my disabilities which meet the 100% IU, P&t + 60, back to 9/24/2002.

I received an email at 430 pm from Ms Hickey's office saying they contacted my RO, in Maine to look into it.

I just received an email from the director stating that when I was awarded back in 2003 they did not over look it as it was before Bradley vs Peake. If I wanted to claim SMC s to fill out the attached 526ez form and send it with pertinent private med records.

Isn't this supposed to be inferred and why would I send private med records? How should I proceed?

[Tbird]

Buck-

Based on the way I read the law below it has to be separate and distinct from the 100 percent, someone else is going to need to chime in on how the va defines separate and distinct and it has to involve different anatomical segments or bodily systems.

Full Text 38 CFR 3.50

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[Buck52]

OIC Thank you Ms Tbird

I was thinking if the veteran was 100% P&T& been that way for years and had a disability secondary to his P&T single disability for TDIU P&T that arose from it years later & Diagnosed from the VA PCP...would that be ''separate & distinct'' maybe that means ''secondary''as it would be independently ratable at a whatever % hopefully 60% in this scenario/case ect,,ect,,

MDD comes to mine...or severe depression diagnosed by PCP Doc

The PCP's Most anywayz won't tell ya nothing if it concerns a claim for comp.

.................Buck

Edited June 24, 2015 by Buck52