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USMC EOD

Do I have a chance at R1 or R2?

Question

I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available.

My question is this, Do I qualify for the SMC R?

At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialist through Tri-Care. Does this show cause to file for SMC R1?

After reading these posts I am also sick over my having followed the advice of my VSO on not filing a NOD for conditions I was treated for while on AD.

Please advise, your assistance is greatly appreciated.

Semper Fi!

70%=

PTSD

50%=

Sleep Apnea

40%=

Lumbar Spine

20%=

Hematochezia

20%=

Right ankle arthritis

20%=

Cervical spondylosis

20%=

Radiculopathy, right upper extremity

10%=

Tinnitus

10%=

Radiculopathy

10%=

Left wrist tenosynovitis

10%=

Left ankle arthritis, status post fracture

10%=

Right elbow olecranon bursitis

10%=

Deviated septum, traumatic

10%=

Painful scar of right axilla

0%=

Right hand DeQuervain's tenosynovitis

0%=

Erectile Dysfunction

 

Not Service Connected=

Renal cyst

Not Service Connected=

Right knee patellofemoral syndrome

Not Service Connected=

Hypermetropia

Not Service Connected=

Migraine headaches

Not Service Connected=

Left shoulder acromioclavicular

Not Service Connected=

Left knee condition

Not Service Connected=

Right wrist condition

Not Service Connected=

Epididymal cyst/spermatocele

Not Service Connected=

Right shoulder rotator cuff impingement

Not Service Connected=

Bilateral hearing loss

Not Service Connected=

Bilateral cubital tunnel syndrome

Not Service Connected=

Traumatic brain injury

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The very first prerequisite for R-1 is to obtain a "O" rating. Read CFR 3.350 - 3.352 for eligibility rules.

You don't mention anything about SMC "S" that you should qualify for, and you might qualify for regular A&A, depending upon your individual circumstances.

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I definitely do not qualify for "S", but after further review, I think I qualify for "L".

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I think you might qualify for "L", (might) only because of this BVA decision that makes it clear that "L" can be awarded even if the 100% disability is not for one specific disability:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files3/1624771.txt

But it pays to read the SMC info carefully here and even in BVA decisions because it can be confusing.

 

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10 hours ago, USMC EOD said:

I definitely do not qualify for "S", but after further review, I think I qualify for "L".

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

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32 minutes ago, THOMAS89031 said:

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

 Hold on here Hoss

How long ago was this? I mean if they are suppose to give the SMC -When I veteran gets P&T  And usually the only way to get P&T IS TO BE RATED 100% or TDIU.

I have been rated TDIU P&T the last 13 1/2 Years concurrently and never was awarded the SMC-S???during this time

I get it now only b/cLast year I filed a PTSD Claim and got 70% on top of my TDIU P&T And that's a mandatory rating  b/c the criteria was met for the SMC-S

When or where do the CRF'S Mention a veteran gets P&T  Then he should also qualify for SMC?

I need to know this  hell I might ask them hey where is my SMC BACK PAY THE LAST 13/1/2 YEARS.

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