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Need A Little Help Regarding Smc


Philip Rogers

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  • HadIt.com Elder

Helped a friend get rated for PTSD about 3 yrs ago. They awarded him 100% schedular for PTSD and conceded stressor w/o verification because he's a combat vet w/purple heart, for gunshot wounds. He now has ratings of 100%, 30%, 10%,10%,10% and 10%. When considering SMC for the 100+60 rule, do they use VA math on the additional percentages over 100%??? Or will his additionals count as 70%, thereby making him eligible for SMC? And if so, shouldn't the VA have rated him for the SMC, when they awarded him the 100%? Additionally, when he was awarded 100%, schedular, for PTSD, they failed to consider A&A and housebound, so we'll be pursuing that issue. I was amazed by his case. He had no diagnosis, treatment or meds for PTSD but based on the C&P was rated 100% in less then 9 months. (Correction, while reviewing his c-file, I found a PTSD diagnosis in a 1983 discharge summary) Prior to this he had been receiving 50% since his discharge from the Army in 1969. Thanks in dvance.

pr

Edited by Philip Rogers (see edit history)
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Guest rickb54

philip,

To get the SMC a veteran needs to be rated 100% for one problem and 60% for another seperate problem. Ironically this is one calcuations were va math doesn't apply. the SMC is based on the actual ratings.

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Rickb,

Actually theres quite a bit more to it than that... look here, there more to the section but I just pasted the first paragraph...

§3.350 Special monthly compensation ratings.

The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114(a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114

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Helped a friend get rated for PTSD about 3 yrs ago. They awarded him 100% schedular for PTSD and conceded stressor w/o verification because he's a combat vet w/purple heart, for gunshot wounds. He now has ratings of 100%, 30%, 10%,10%,10% and 10%.

...................

Assuming that all rating other than the one for 100% are for differing injuries or illneses... then VA math STILL applies so... 30 ponits + 7 points + 6.3 + 5.6 + 5.1 = 54%... Now under this hes automatically eligable for 1/2 of the next higher rate under SMC. No exactly what category he will fall under in SMC will depend upon his other injuries and loss of use, etc. Dont rule out SMC just on Housebound and check my math as I didn't add to 2 decimal places and that may have pushed ot to 55% which will round up to 60%

Under CFR 38... 100% + 60% is whats needed for housebound SMC (s)

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

.................

When considering SMC for the 100+60 rule, do they use VA math on the additional percentages over 100%??? Or will his additionals count as 70%, thereby making him eligible for SMC? And if so, shouldn't the VA have rated him for the SMC, when they awarded him the 100%?

..................

They should have but they miss it all the time.

..................

Additionally, when he was awarded 100%, schedular, for PTSD, they failed to consider A&A and housebound, so we'll be pursuing that issue.

.................

Sure under section (2) above if not (1)

.................

I was amazed by his case. He had no diagnosis, treatment or meds for PTSD but based on the C&P was rated 100% in less then 9 months. (Correction, while reviewing his c-file, I found a PTSD diagnosis in a 1983 discharge summary) Prior to this he had been receiving 50% since his discharge from the Army in 1969. Thanks in dvance.

pr

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