smc math

[FormerMember]

Buck-

SMCs are not ratings, per se. They are additional entitlements above and beyond a 100% (or TDIU) rating based solely on a specific subset of disabilities that create a higher level of disability and incur more extensive need for aid from a spouse or caregiver. Review the actual requirements for each succeedingly higher SMC entitlement and you can see how more disability (SC, of course) allows advance to a higher SMC. Sadly, as we all know, SMC is the least understood of all VA benefits. I've talked with raters and tried to impress on them why my client is entitled to a higher rating (especially r(1) and r(2) . I get the 1,000 yard stare. They profess ignorance on the subject and defer to (and swear by) the computerized drivel that comes out of the M 21 Cray computer telling them what you get. They do admit they're ignorant so that's a beginning. VSOs can't even spell SMC let alone tell you what it's for and why. Unfortunately, a lot of VA attorneys tell me they too have a hard time figuring it out. I guess I lucked out on brains because it seems like it's as easy as chopping wood. 

As most of you know, we Vietnam Vets have really heavy duty disabilities and many involved combat injuries. The majority of my clients are SMC situations based for the most part on lost or irrevocably injured/amputated appendages. It's what I know. I was there for two years and witnessed what happened to myself and others. It makes it far easier to help someone when you've walked in their shoes. 

There was a time way back from the 1970s to the 90s when a lot of VA raters were Veterans and understood the rigors of service and the "suck it up" mentality that allowed you to keep walking on a broken ankle in spite of the pain so you didn't look like a xxxxx. Now it's the M 21 assembly manual for idiots on how to deny or lowball you. Always remember. Ignore the M 21. Don't quote it. Don't cite to it. Ignore it. Pretend it doesn't exist. There are only two things that control your claim- 38 USC and how the VA Secretary translates it into 38 CFR. If you get down in the dirt with them on M 21 language, they'll tie you in knots and say the M 21 won't permit it. The M 21 is about a year behind most of the time. It's a set of instructions like how to assemble an Ikea bookshelf. It's not a statute or regulation entitled to any legal deference so do not accept its premise or validity. 

Period.

Got it?

If not, this is how VA's own describe the entitlement:

VBA assigns SMC to recognize the severity of certain disabilities or combinations of disabilities by adding an additional compensation to the basic rate of payment when the basic rate is not sufficient for the level of disability present. SMC represents payments for “quality of life” issues such as the loss of an eye or limb, or the need to rely on others for daily life activities, such as bathing or eating.

Edited September 21, 2017 by asknod

[Buck52]

Roger that Alex = (Got It)

Great information from Alex (asknod)  in above post!

[Buck52]

It maybe just me or my way of thinking from my experience anyway

  It seems after a Veteran has had his/her S.C. Disability's a few years  and files for another claim and presents  the claim in a well design form along with  the medical evidence being straight forward and a well prepared lay statment and files the FDC via e benefit's

  Usually the results are fairly fast and 90% of the time an Approval is warranted & if the criteria is warranted for the SMC or a Mandatory SMC is warranted  they usually give that...vs first time claims.

So my point is if any veteran has another disability that arises later on in life and feel it is a S.C. Disability  by all means file that as a FDC  ASAP.

They will combine your previous disability's to this separate and distinct  & new disability and rate you accordingly and a lot of times this is how the SMC kicks in...If they fail to give the SMC and its warranted and you meet the SMC Criteria  Call them out on it NOD or what ever you have to do  read up on the SMC Criteria and look for yourself if your entitled.

[john999]

I filed many claims after I was P&T just because I was looking down the road and DIC for my wife and worried about possible trouble with my feet and DMII.  I never had any trouble with the VA reviewing my TDIU.  If you have a good claim file it.  That is how I got "S" by just following VA logic about DMII complications.  The VA are the ones that took the ball and ran with it after doing a CT scan on my leg.  I don't know if I have CAD or not but the VA says I do and awarded me 60% and "S" for it. Since that award the VA has never sent me to a cardiologist to check so I see my own.

[Buck52]

John999

you should see a cardiologist at least once a year...next time you do see one ask him if you have CAD?

I need to see one myself  but usually they want me to do the treadmill or use the Nuclear Testing   but last time my cardiologist don't like to use the Nuclear Test  she said it was not that Accurate  so she uses the old dreaded treadmill

and I am overweight and can't do the Mill...so I am order to loose weight  but so for not much luck with that.

I did the VA M.O.V.E. program a couple years ago for 17 weeks  ...lost maybe a couple pounds.

I probably have CAD  so I take a couple 73mg aspirin daily.

Edited September 23, 2017 by Buck52

[jfrei]

Hey Alex

You seem to not have your head on a swivel like i do about SMC( Shake My Cranial) I'll admit I don't know much about SMC other then I was given S when I was IU. But now I'm 100% scheduler  P and T for just my TBI residuals. . I have 8 seperate other disabilities 3 are secondary to my TBI 2 30% 1 20% and 3 10% and a new claim I'm filing for my sleep apnea already dx and using a Cpap by my Va hospital. How or what could I possibly qualify for? I was Denied caregiver program due to me being only IU at the time I applied and her opinion I'm not severe enough wonder on Monday if she'll say that same thing again ..

Edited September 23, 2017 by jfrei