HEARING LOSS POSSSIBLE SMC's?

[Buck52]

In the CFR ,U.S.C.  1114  under special ratings 

3.350 (iii)

it states ''if your hearing loss is 60%or more''  then you would qualify  for SMC's...if I read this right?

Should they have awarded it back when I was rated the 60% increased to 90%?   which was way back in Dec 2002

would this be a possible CUE on the VA?

broncovet? anyone?

 

Thanks!!

 

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

 

.................

Edited August 23, 2015 by Buck52

[Tbird]

from what i read it should qualify you for smc k, not sure on cue but i'm sure others will chime in.

[stillhere]

Buck,

you can call Cue if you can proof anytime that the VA did not follow a law.

I am not familiar with that law but I am 70% for hearing loss and already have SMC S! Don't remember exactly how it went down that I got it but pretty sure it was after I was awarded 100% for my heart. My other disabilities at the time added up to over 70% before they even granted my hearing loss!

Stillhere

[killemall]

Im 50 percent hearing loss and 10 percent tinitus.

This is the first Ive ever heard about an smc award for just 60 percent hearing loss.

 

I thought you had to be 100 percent hearing loss to get the k award????

[killemall]

5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule.

 

 

I did see the 60 percent bilateral hearing loss but it was only in combination with 20/200 blindness or worse from my reading?

[broncovet]

Buck you should post your ratings.  Yes, if you have 100 plus and additional 60 percent, then, yes you get statuatory SMC S.  

[Chuck75]

Buck,

you can call Cue if you can proof anytime that the VA did not follow a law.

I am not familiar with that law but I am 70% for hearing loss and already have SMC S! Don't remember exactly how it went down that I got it but pretty sure it was after I was awarded 100% for my heart. My other disabilities at the time added up to over 70% before they even granted my hearing loss!

Stillhere

An expert in SMC is needed! Anyway, as I understand things, there is a potential, with 100% + 70% + 70% to be entitled to a higher rate of SMC than "S".

Since the VA has done such a poor job of even granting or considering SMC when the law and regs require them to do so, it's very likely that they did so again!

There seems to be a whole lot of "wiggle room" in what I've seen in the gory details. and I'd believe that the VA takes advantage of that to a veterans disadvantage.

When ever there are discretionary clauses, it's to be expected that the path of least effort will be taken.