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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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25Unifrom50

SMC (S1)

Question

I received this notice on eBenifits after my claim was complete. Is this a permanent deal or is this a temporary award.

 

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of posttraumatic stress disorder (PTSD) (also claimed as acquired psychiatric condition) rated 100 percent and additional service-connected disabilities of diabetes mellitus type II, right lower extremity radiculopathy (also claimed as lower extremity diabetic neuropathy), axillary cyst (claimed as cyst under arm), pseudofolliculitis barbae and tinea pedis (formerly evaluated separately as DC 7806 pseudofolliculitis barbae and DC 7820-7806 tinea pedis), right knee patellofemoral syndrome, patellofemoral spurring and arthritis, obstructive sleep apnea with bronchitis (formerly evaluated as bronchitis), ventral hernia, lumbar spine strain with degenerative disc disease, hypertension (claimed as high blood pressure), left knee patellofemoral syndrome, left lower extremity radiculopathy (also claimed as lower extremity diabetic neuropathy), degenerative disc disease of the cervical spine (claimed as cervical spine injury), erectile dysfunction, irritable bowel syndrome (claimed as functional GI disorder), headaches, independently ratable at 60 percent or more from 07/10/2017 to 10/01/2017.

Rating Date : 01/08/2018

 

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Congratulation  with the SMC S. 1 H.B.

They are required to award the SMC-S when a Veteran has another separate rating 60 % or more above the 100%

Obviously you meet the SMC-S Criteria.

some times they don't award the SMC And the Veteran has to file for it.

It's a permanent rating  unless you show improvement   ...if the VA gets word from your treating Dr's  then they will usually call you up for a C&P  other wise enjoy the $$ until that  actually happens ( if it does?)

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It's permanent, as long as the PTSD doesn't get reduced.

The SMC S (1) "Statutory Housebound" is based strictly on a Vet having "1" SC Disability either rated itself as 100% or as in your case having an IU Award where the IU causative SC is now paid at the 100% Comp Level and you have additional SC's that excluding the IU SC, total a CSC of  a minimum 60%.

Vet's that are Scheduler CSC 100% but don't have a "Single" SC Rated individually as 100% can't get the SMC S (1) Award, they would actually have to be Housebound and have a Dr complete a supportive Housebound application.

Recently a Det Nam Vet 72+, IU T & P  No Future Exams (PTSD), filed a New FDC to get his adult Daughters Learning Disability Claimed as a possible Future AO Presumptive Award. His DAV VSO said it was a good idea, NOT!

Not only did he receive the Denial he and the DAV were expecting, he also received a notice of significant PTSD SC Reduction, that would eliminate his IU Rating and take away the SMC S (1). Of course he's Appealing the Reduction. He certainly is kicking himself in the A$$ for filing what I believe was an imprudent Claim.

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Yes, its permanent BUT, dont rely on ebenefits but instead wait for the envelope to celebrate.  Anyway, Congratulations.  

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Buck52, Gastone and Broncovet, thanks for the helpful information you've provided, I wasn't expecting this but I'm truly grateful indeed. I will wait for my letter before I start my happy dance.

 

I say Hoooah!!!

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


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      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

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      Does this help?
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    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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