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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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Generic Letter From a Doctor For SMC S


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I would like to know what information I would need from a doctor's note to qualify me for SMC S, please.

 

I am at 90%/100 TDIU

70% TBI

70% PTSD./100 TDiu

20 vision

10 tinnitus

0% headaches

smc k1

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thank you I have not applied for SMC S before.  

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The VA has a duty to maximize a veteran’s benefits; they are supposed to render a decision that grants every benefit to which the veteran is entitled to. It is generally presumed that when filing a claim for disability, the veteran is seeking the maximum benefit allowed by law that corresponds to their disability. Therefore, SMC is not something a veteran has to formally request of the VA. It is inferred when a claim for disability is submitted. The VA is supposed to consider it when making a decision on the claim, whether the veteran is entitled to SMC benefits if the evidence in the claims file indicates that they are. The VA often fails to do this though, so you will want to know when you are entitled to these benefits so you make sure the VA is not paying you less than you deserve. If a veteran is erroneously denied SMC benefits or not granted the full amount of SMC benefits they are entitled to, they could be entitled to retroactive benefits or even make a claim for clear and unmistakable error.

 

Source: Hill & Ponton Disability Attorneys

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 Your S.C. Ratings speak for themself here.

you should have been awarded the SMC S H.B. After you recieved a 70% S.C. Rating above your 90% TDIU Award, YOU HAVE 2- 70% Plus other smaller ratings but keep in mind SMC is awarded according to the severity of the disabilities.

I would just send copy of your award letter  stating that you would like to be awarded SMC for the appropriate SMC Letter,to be Inferred SMC According to the special SMC RATING TABLE.

That is  as I understand is Mandatory  As I  meet the SMC Criteria and use the date for EED as the Qualified Date.

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The "100 plus 60" rule (Statuatory SMC S) requires that your disabilities be "seperate and distinct".  

I really dont know if you qualify for that or not, as I dont know if PTSD is "seperate and distinct" from TBI.  

I think its a good idea for you to seek SMC S from all angles and not "just" statuatory.  

The other possibility, (other than statuatory SMC S) is that you are "housebound in fact".  

You can get SMC S with either statuatory or housebound in fact.  

Frankly, I think you probably qualify because of Howell:

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

The "short version" of what Alex post is about is that congress intended to give SMC S to Veterans who are unable to leave the house "for work", and not that they can not leave the house at all.  

Have you been denied SMC S, or are you just now applying??

Buck is correct that you dont HAVE to apply for SMC S..VA is supposed to award it to you when you have a 100 percent disability or give you reasons why not.  

But, when VA does not do that, then you should apply.  Apparently they did not award (or even adjuticate) SMC S, so apply.  If VA did deny you SMC S, then you need to appeal 

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On ‎4‎/‎2‎/‎2018 at 4:34 PM, Vync said:

Per M21-1MR, Part IV, Subpart ii, Chapter 2, Section H, this is the only info I could find regarding SMC K-1. I'm not sure if there is a difference between "anatomical loss" (as in it is gone) and "loss of use" (no longer works as expected), but assume whether you have K or K1 they are likely paid at the same rate. Other members may be able to provide more information.

thank you

I have not applied for SMC S before.  

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