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

[Gastone]

Blue, what SC's were listed as causing your IU in your IU Award Letter? If you don't have additional SC's, not included in your IU that total 60% using the VA Combined Rating Calculations, you don't qualify for Statutory SMC S (1) House-Bound.

However, if you are actually House-Bound, request that your VMC Treating Clinician submit a traditional House-Bound Application on your behalf. Be sure to get a copy of it.

Use your MHV Secure Message to make the request of your Treating Clinician (PCP or Specialist). Just be sure that whoever fills out the HB App doesn't believe there is a "Competency Issue" that needs to be addressed. The last thing you want is a VA Fiduciary Appointment unless you really need one.

Semper Fi

[RockyA1911]

Don't be cornfused!!!!  IU PT is NOT rated at 100%, it is PAID at 100% rate.  A 70% rating paid at the 100% rate for TDIU is not the same as being rated at 100%m your rating is still 70%.  SMC-S had been as far as I know you must have a scheduler rating on one condition rated at 100% all by itself, not combined.  And then other conditions with a COMBINED rating of 60%.  Then the housebound SMC-S is awarded.  I have 100% rating for larynx cancer AO, the a combined rating of 100% also for PTSD-70%, TBI - 70%, Skull Loss - 50%, Scar-10%, Tinnitus- 10%.  I receive SMC-S and have been for nearly 10 years now.

[Buck52]

I believe the SMC can be inferred by way of statutory rating to a veteran on IU P&T USING THE COMBINED RATING  At 70& 80% or 90% Depending on the severity & condition of the disability, the MR-1 states 

if the disability Award letter states'' Permanent  in Nature ''  the rater must infer/invite the SMC H.B. to the Veteran. (MR-1) Regulations/Previsions of 2016 Under the combined ratings CFR4.16 (b) or the 100% schedule rating.

Rocky,Although you are correct with the 70% combined ratings to get the IU P &T and paid at the 100% rate that veteran TRUE rating is 70%

  However when a Veteran  is Awarded TDIU P&T and his disability is Permanent in Nature'' the IU is MOOT and the Veteran has a 100% rating with a statutory for SMC-S H.B. 1

[broncovet]

Rocky,

   The case of Bradley vs Peake changed this, in reference to eligibility to SMC S, when the Veteran is awarded TDIU.  There is MUCH here on "Bradley vs Peake", so I  will not rehash it.  

Bradley vs Peake says the VA still has to consider entitlement to SMC S, when awarded TDIU, if its permanent, as Buck pointed out.  SMC is complex enough, Bradley vs Peake made it more so.