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I was recently granted 100% P&T. I have one rating thats 100% SC and I have a bunch of individual ratings that add up to 59 which should round up to 60. When VA decided my claim they didn't say anything about SMC but after doing some reading here I believe it should have been inferred last year when they decided my claim. Since it hasn't been a year should I ask for a reconsideration or file a NOD. How should I proceed?
Personally, I would: 1.) Request that the VA CUE themselves regarding the SMC award. 2.) File a NOD - don't miss the date. 3.) Request a hearing regarding the request that the VA CUE themselves. jmo
Thanks for your response Mr. Rogers? How do I tell the VA to CUE themselves? Can you explain to me why I would want a hearing regarding the CUE request. I don't know how to do a NOD either but I'm sure I can find that info on this site. Currently i have a VSO but for what it's worth its too much of a hassle trying to track him down. How can I relinquish him from his duties?
There is a difference of opinion as to whether the SMC S "100 plus 60" is added or combined. YOu said yours was added, not combined. I suggest you "go for it", but you may be caught into the "added or combined" debate that WACvet posted some time ago. Im not sure that ever was resolved. Or, maybe you meant they "combined" to an additional 60 percent.
Before you count the chickens up, make sure the individual ratings are not related directly to or part of the 100% disability. VA considers it pyramiding and will not grant on that theorem. If you have a true 100% schedular for one disease, or TDIU to stand in its stead, all the added disabilities must be extraneous to it or be completely different disease entities/musculature injuries even if they are rated secondary. Here's 38 CFR § 3.350(i):
(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,
asknod makes an excellent point. separate and distinct from 100%, thanks for the law reference
Totally agree with Asknod on this one.
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