SMC S...Dont make this mistake!

[broncovet]

I went down a rabbit hole to nowhere.  I reasoned, that, if I got SC for sleep apnea secondary to depression, that I would make the "100 plus 60" for statuatory SMC S.  

Big mistake.  If you read the regulation, it says you have to have 100 plus an additional 60 percent seperate from each other.  So, if depression is primary, and sleep apnea is secondary to depression, then its not seperate, and I wont ever get to 100 plus 60, no matter whether service connected for sleep apnea or not.  The "secondary" provides a link that they are NOT seperate.  

I found this out recently.  

You MIGHT be able to get away with this, if you have an uninformed decision maker, but it wont fly on appeal.  

I will be dropping my sleep apnea claim for this reason.   

[Buck52]

John999

Actually its  just a past from ASKNOD blog as broncovet put up the link.

good information from asknod.

I posted it b/c so many veterans on hadit can't get some of the links to work  maybe because of their ISP...So I paste it for everyone interested.

[Buck52]

john999,

Apparently these are Idiots  we have to deal with at VA...

With that said  please read How Mr Howell Got is NOD finally in his favor to get the SMC's

a veteran can leave his home for medical appointments  so they can't use that against the Veteran  its exempted, as for as leaving your home to go buy necessities like groceries clothes ect,, just don't mention it.

Do you actually think the VA will think of And ask you'' Hey Jonh999  How do you get out and go buy your necessities  like groceries clothes  ect,,ect'',,  I've never see them ask that?  but if they did  your neighbor does that for you because you can't leave your home because of your S.C Disabilities .

will they call your neighbor?...> I think not my friend.

as I mention these are absolute Idiot's were dealing with.

jmo

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

[Gastone]

ArN, me thinks your IU Award, like so many of us IU Vets, was based primarily on your MH SC. Take your MH PTSD rating off the table, using the Hadit's VA Math Calculator, what do your remaining SC's % add up to?

For SMC S "1" Statutory Housebound, your SC's excluding the SC that got you the "IU 100% Pay," has to equal 60% or higher, using VA Math.

Yo Buck, thanks for posting NOD's post, I was too lazy to go back & look it up. You the Man!

Semper Fi

[ArNG11]

Yes Gastone that was the impression I was under.  With removing my mental health rating of 70% the rest of my ratings add up to 61.73 % so barely on the cutoff.  

I still have several out on appeal at the BVA so that number should go up slightly.  3 ratings should be at 30% which will help.

[Gastone]

ArNG. 61.73% (60%) gets the GOLD Ring with SMC S (1).If you haven't already done so, file an FDC for Increase/SMC S (1). At least establish the Retro Clock Date, right.

Just by filing the FDC Increase, causes the Rating Dept to look at your current rating and make a Decision, right or wrong. All your SC & VA Med records are in their hot hands already, should be able to get an FDC Decision in under 4 months, no real need for a C & P.

If they deny the Increase, quite possibly a VA Phantom Quality Control Sr. Rater will catch their mistake and reverse it, as they did in my 12/15 Award.

Semper Fi

[ArNG11]

Gastone, I hadn't really thought about it until Asknod cleared up that scenario and benefit up for me.  Just I'm a little confused on when to lay this on the VA.  Last few decisions have changed this cat and mouse game up for me and I haven't even gotten into the correct effective dates and rates, let alone the SMC.

I'm at BVA at point in this venture. This part of the process at the BVA I believe is when Ellis' IME, along with other privates docs is going to come into play heavily.

My real problem is I don't have the rating or decision letter which got me the IU ratings.  VA is playing the "what you talkin about Willis game". when I FOIA for the last award letter/decision and the last C&P's conveniently.  

Thanks though, I was thinking along the same lines but haven't made the choice on which lane to pursue until I have that intel.