Could I apply for SMC-S, a bit confused after reading

[ChiefSC]

I've read a lot and still confused about SMC-S .  I've recently received 100% (P&T). The VA didn't consider me for SMC-S and I think I should have.  I've read I should apply IU in order to get the SMC-S, but reading this blog is doesn't seem like I have to.  I have been unable to work since August 2013.

PSTD	70
IBS	30
URINE	40
SINUSTIS	30
MIGRAINES	30
KERATIS	20
HEMM	10
RIGHT HIP	10
KNEES	10
LUMBAR	10
HEEL	10
SHOULDER	10
BLOOD	10
BULBAR	10
LEFT HIP	10
CARPAL TUNNEL	10
TINNITUS GERD	10 10

[FormerMember]

Wowser. We still have the confusion about what 100% is versus TDIU versus P&T. 

100% is a term that attaches to a 100% schedular rating only. ChiefSC's highest rating is 70% which means he is rated as TDIU.

After a certain amount of time, usually two years, if you are extremely disabled, they give you another C&P exam and grant Permanent and Total (P&T) based on the findings. That makes you TDIU P&T. Period.

ChiefSC qualifies for SMC S based on any of his other ratings that add up to 60% or more as long as they are not related to his PTSD.

Far too many think VA adds all this up using 4.25 and tries to get it to 100%. Remember, a 100% schedular disability is rated at....duh...100%.Use 4.25 tables to add up enough of his other ailments to reach 60% or more and voila-he qualifies.

Bradley v. Peake gave us TDIU as a total disability rating equal to 100% but not the actual schedular rating. Buie v. Shinseki gave us the concept that it makes no difference what order you are awarded them. The order most advantageous to the Vet must be applied.

 

 

[Buck52]

I agree with asknod

Also the VA uses a SMC Chart table to come up up with special ratings  to rate the veteran  but only until if the veterans qualify's for any SMC's which is 60% rating pass the 100%  however the veteran is still officially rated at 100% but gets paid a higher compensation with Any SMC  Ratings

I get SMC S -1  in addition to my 100%rating when I was awarded 70% for  S.C. PTSD, This is a statutory award.

However I am still only rated at the 100%

b/c SMC is a special monthly award depending on your disabilities 

Edited March 31, 2016 by Buck52