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abnrgr88

TDIU SMC-S eligible?

Question

I have received 100% IU with an overall rating of 90%. My back rating was just increased from 10% to 20%. I am now scheduled for back surgery next month (not related to this past claim). I have been diagnosed (finally) by an outside surgeon with severe kyphosis and scoliosis. T2-L2 rod with fusion. I plan on applying for a reconsideration with SMC-S. Knowing back rating only goes as high as 60%, what are my chances? Does anyone have advice on which avenue i should take? It would be greatly appreciated.

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Ask for 100 percent convalesence rating because of surgery. Then battle for SMC S. Are you IU p and t?

 

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The law supports SMC S when you are IU, fight for it, you should eventually win, but expect VA to give you a long drawn out fight.  Here is why:

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

In part, this is what the "Howell criteria" for SMC S says:

 

Quote

 

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.


 

Since 1960, the VA has been ignoring or misinterpreting Congress intent to mean that you cant leave the house to get SMC S.  Dont let them get away with that lie, they will unless you fight it.  

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Very interesting read here. It''s been a very long time since I have dipped my feet into the VA abyss, I just passed my 20 year mark and I am getting ready to file for Tinnitus as this was left out of my claim back in 97 , the DAV at the time told me to leave it alone as it was minor compared to the other claims....Like a dummy I complied and would not touch it until I hit the 20 Year mark, adding this might be a worthy adventure.

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jbasser     not p&T. Just IU. They gave me an appointment for my 30% flat feet oct. 2018.

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also, if i am already being paid at 100% what good would it do to file for convalesence? and BTW, i really appreciate all of the advice. My DAV rep got 20% taken away on my 2nd to last claim. My wife and i have been filing everything on our own. she got my 70% raised t0 90% overall as well as tdiu. i married a smart lady!

Edited by abnrgr88
bad grammar

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