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]

Broncovet

I sent Alex my disability rating sheets and the reason & bases of their decision on my 98 EED..He looked them over and they do have my ratings correct & the EED is correct,  just a typo in the EED so another dry hole for me...saved me from a denial by not filling or request a complete review of that claim.

I was gonna buy him a 6 pack  but now  it's  just  beer  beings no retro like I had thought...  just kidding.

I Appreciate him checking on this for me as busy as he is now.

My hats off to Alex. aka Asknod  

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

[HitemStraight]

Separate and distinct means separate body systems, or body parts. I received  SMC-S for two hip replacements secondary to 100% back condition. The hips are separate body parts from the back (spine), even though the hip arthritic condition was related to, or secondary to the back arthritic condition ....

[Buck52]

I think it's a good Ideal for the veteran or his Dr to use the words  ''Aggravated by'' or'' Related too''

as opposed to the ''separate & distinct '' seems like the latter would confuse the rater , so why not make it ''more clear''  b/c some disabilities are more hard to prove the Separate & distinct than others.

more so with filing it secondary.

[Buck52]

I can't believe that a 100%depression rating is not a separate & distinct rating to a secondary claim such as Sleep Apnea   (the physical aspects of it that is aggravated by or related too)..this is where you need a Specialist sleep Doc to give his/her opinion on it.

Broncovet  looks like to me you would have a good chance at them S.C & Rating your secondary S.A. Claim to Depression..its close to the same as the secondary S.A to PTSD.

I would file S.A secondary to my PTSD if I could find a Qualified Dr to state that.

jmo

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

[Buck52]

''Separate & Distinct'' is basically depending on how the rater interpreted this meaning

in my opinion  I've seen them go both ways on it.

 as Gastone post points out this.

jmo

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

[Gastone]

Buck

The 12/15 SA increase to 100% SC T & P NF Exams, trumped my 06/14 IU Award. My stand alone PTSD 70%, made me eligible for SMC S (1). I am no longer classified as IU and don't have to provide yearly Earned Income information.

If I hadn't gone on my E-Ben site 01/03/16 to print up the Award Letter for the State Property Tax Exemption, I wouldn't have know anything until the Retro hit my bank towards end of 01/16. Didn't get the actual Award Letter till 04/16.

Semper Fi