SMC-S Eligibilty

[zero69]

I'm presently rated at 90% for Waldenstrom's Macroglobulinemia ( a rare form of Non-hodgkin's lymphoma), IGM monoclonal gammopathy with peripheral neuropathy.  I'm also rated for TDIU or 100%.

Additional ratings are 40% left leg, 40% right leg, 30% right arm, 20% left arm and 0% transient ischemic attack .

The 40, 40, 30, and 20 are all for peripheral neuropathy.

My ratings made it very confusing to me if I would be eligible for smc-s because they are all the same or does the bilateral rating make me eligible? Affecting both legs and both arms.

Thank you for your help. 

[Buck52]

How long have you been rated for these neuropathy conditions?

also what are you rated for the TDIU for? and is it P&T Rating?

When you were rated for these new conditions the 40, 40,30 an 20

was it all at the same time? and the VA never mention any thing about SMC's or statutory ratings?

to qualify for SMC a veteran needs to have one disabiity at 100% and a separate or combined rating of 60%...so if they use your combined ratings  which adds up to the qualified 60%   yes you should get the SMC-s

you could ask the VA to CUE THEM SELF for not inferred these other condition to the SMC's ...If they are severe you should have been rated the SMC.

jmo

[Buck52]

Also watch out for the ''pyramiding''

https://www.hillandponton.com/the-vas-rule-against-pyramiding/

Source : Hil & Ponton Disability Attorney's

 

[seminoles]

I was Iu PT and the VA just added an additonal 60 % and a 10% and I had requested smc s and it was denied all in the same claim.  I don't even think they know what the rules are honestly.   ( I am still Iu PT , it just went from 70 to 90 overall)

Edited May 20, 2017 by seminoles

[zero69]

I've been rated for the Waldenstrom's since July of 2000. On EBenefits it shows as 100% because of the individual unemployability. Yes,it is considered P & T.

The 40% neuropathy in the right leg since July of 2001.

The 40% neuropathy in the left leg since August of 2001.

The 30% neuropathy in the right arm since June of 2002.

The 20% neuropathy in the left arm since June of 2002.   

 

I was concerned that since the neuropathy was mentioned in the original rating in July of 2000 that it wouldn't be considered again. However, the individual ratings for the neuropathy didn't come until a later time.

 

Thanks again   

 

[Gastone]

Could you post a redacted copy of your IU Award? All issues listed by the Rater as evidence considered for your IU Award would be off the table for an SMC S(1) Statutory Housebound Rating.

Semper Fi

[broncovet]

There are "at least" 3 ways to get SMC's.  

1. In the case of SMC "S" there are 2:  First, is housebound "in fact".  This usually requires a c and p exam where the doctor says you are "substantially" limited to your home.  It does not mean you can not leave the home at all, it means you can not leave the home "for work".    See this article:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

2.  Statuatory housebound.  This is the proverbial 100 percent plus an additional 60 percent from seperate and distinct disabities.  SMC S.  

3.  Smc's can come from "loss of use" of particular appendages, such as arms or legs.  If you have "loss of use" of your arms/legs, then you are eligible for SMC over and above your 100 percent.  

 

This may help explaining SMC:

https://asknod.org/2015/02/19/smc-kevin-asks-the-big-question/

UPDATE FOR CLARITY:  You can get SMC from any of the three above, you dont have to have all 3!!  JUST ONE!!

Edited May 22, 2017 by broncovet