Federal circuit delivers "blow" to adding ratings.

[broncovet]

The Federal Circuit just delivered a "death blow" to adding the ratings beyond 100 percent when considering SMC S.   They have to be "combined", not added.   

http://www.veteranslawlibrary.com/files/Fed_Cir_Cases/2017/Gazelle_16-1932.PDF

[seminoles]

The entire SMC S rule was already confusing honestly........If one was IU PT then awarded an additional rating of another service connection 60% and another of 10%......Many state that is enough for SMC S, others say you have to be 100% schedular then another 60% individual rating on top of that.......I can never seem to find a straight answer, and I sure as heck can't find one from my vso and the va sure as heck won't get you a straight answer either.  I don't understand half of what this case law is saying honestly,  I think you need to know the cases it is referring to in order to understand exactly what it is saying, maybe you  can explain this in a nutshell?  Oh, I think I understand now.........it is saying that you have to have a combined on top of your 100% of 60, it has to be using VA math, not regular math.  I thought that was a given.

 

Edited August 25, 2017 by seminoles

[broncovet]

If I get where you are coming from, seminoles, then the above case would be irrelevant TO YOU.  Please dont hold me "to" this, its just my interpretation and Im not a lawyer, but the issue of whether or not "you" are eligible for SMC S depends on "which" of your disabilities to which you were rated unemployable.  If "all" of them were used to render you unemployable, then my guess is you are "not" eligible for statuatory SMC S.  

However, my interpretation of Howell means you "are" eligible for SMC S because (if you are tdiu), then you are not leaving the home "for work" and thus you meet the "howell Criteria".  

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

For YOU, the Howell criteria for SMC S is summed up in this sentence:

Quote

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.

You probably will need an attorney to get this, the VA is not handing out "Howell criteria" SMC S like candy at a parade.  

[seminoles]

 I am IU PT for one SC, but it is okay I was merely curious about the new law I hadn't seen the important part first read through..........

Edited August 25, 2017 by seminoles

[Buck52]

 YOU DON'T NEED TO BE 100% TO QUAILIFY FOR SMC

MR-1 has made some changes in 2016

if a veteran has a combined rating under 100% and has another separate disability rating  the kicker is  depending on the severity of that disability  rather or not SMC will be a statutory inferred rating.

I was reading the MR-1 Regulations /Previsions Today to see if they said anything about SMC 's for the EED.....I couldn't find anything on it  but it does make a big difference as to how a veteran is rated and for what. First they have different codes of ratings.  the (severity of the disability)

Example , I was giving TDIU P&T for my bad profound hearing  back in 2002 and I could not do the Job I was trained to do ...I found out today , had I known at the time of my rating  I could have or should have been inferred SMC -S back then. eh!

because it states if the veterans S.C. Disability is '' Permanent in Nature '' which it states this in my award letter (which mine did) then the rater is to inferred the SMC S as a statutory rating    that's in the MR-1  but it may not been that way in 2002?

I have other S.C. Disability's but the hearing loss is my #1 disability or actually my first claim filed claims since then & I made  it to two SMC's  and could possible get the hearing SMC......But I am finished with the VA  getting to old to worry about all the B.S.

BTW

That Pic of me above was taken some 47/48 years ago at 19 years old

Hine Sights 20/20

Normally a veteran with a 100% S.C. Rating and has another Separate  & Di stink S.C. Rating 60% or more  Qualify's for a statutory  SMC -S-H.B. rating.

 

Edited August 25, 2017 by Buck52

[Blueboy]

11 hours ago, broncovet said:

If I get where you are coming from, seminoles, then the above case would be irrelevant TO YOU.  Please dont hold me "to" this, its just my interpretation and Im not a lawyer, but the issue of whether or not "you" are eligible for SMC S depends on "which" of your disabilities to which you were rated unemployable.  If "all" of them were used to render you unemployable, then my guess is you are "not" eligible for statuatory SMC S.  

However, my interpretation of Howell means you "are" eligible for SMC S because (if you are tdiu), then you are not leaving the home "for work" and thus you meet the "howell Criteria".  

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

For YOU, the Howell criteria for SMC S is summed up in this sentence:

You probably will need an attorney to get this, the VA is not handing out "Howell criteria" SMC S like candy at a parade.  

Is this retroactive? Are Veterans going to lose benefits?

[Vync]

5 hours ago, Blueboy said:

Is this retroactive? Are Veterans going to lose benefits?

I doubt it will be retroactive, but I am not a lawyer...