SMC

[dluvmj23]

I was just wondering  if my conditions qualified me for smc. I believe i could end up getting am extra 100% rating.

Disabilities

100%

 

 

Total Combined Disability

You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.

How is this calculated

Rated Disabilities

Disability	Rating	Decision	Related To	Effective Date
left (non-dominant) shoulder condition (claimed as left shoulder)		Not Service Connected
trunk injury		Not Service Connected
abdominal muscle		Not Service Connected
degenerative disc disease/arthritis of the thoracolumbar spine with intervertebral disc syndrome and history of lumbar strain (previously rated as lumbar strain, claimed as lumbago, upper and lower back, spasming muscles and bulging disc)	20%	Service Connected		06/05/2017
radiculopathy, left lower extremity, sciatic nerve	40%	Service Connected		06/05/2017
radiculopathy, right lower extremity, sciatic nerve	40%	Service Connected		06/05/2017
radiculopathy, right lower extremity, femoral nerve	10%	Service Connected		06/05/2017
left knee chondromalacia (claimed as severe bilateral knee chondromalacia)	0%	Service Connected		04/15/2014
limitation of flexion, chondromalacia and osteoarthritis, right knee	0%	Service Connected		06/05/2017
migraines		Not Service Connected
carpal tunnel syndrome, left hand		Not Service Connected
carpal tunnel syndrome, right hand		Not Service Connected
pseudofolliculitis barbae (also claimed as skin condition)	0%	Service Connected		04/15/2014
limitation of extension, chondromalacia and osteoarthritis, right knee (previously rated under DC 5003-5260)	40%	Service Connected		06/05/2017
major depressive disorder (also claimed as adjustment disorder with depressed mood; nightmare disorder; depression; and trouble sleeping)	50%	Service Connected		04/15/2014
right (dominant) shoulder labral tear, including superior labral anterior-posterior lesion	20%	Service Connected		05/02/2015
degenerative disc disease/arthritis of the cervical spine with intervertebral disc syndrome and history of cervical strain (previously rated as cervical strain, claimed as neck)	20%	Service Connected		06/05/2017
radiculopathy, right upper extremity, middle and lower radicular group	40%	Service Connected		06/05/2017
radiculopathy, left upper extremity, middle and lower radicular group	30%	Service Connected		06/05/2017
right knee scars	0%	Service Connected		04/15/2014

Pending Disabilities

Disability	Submitted	Type	Actions
Lumbar Spine	05/08/2018	INC	View Pending Claim
Right Knee	05/08/2018	INC	View Pending Claim
Cervical Spine	05/08/2018	INC	View Pending Claim
Right Upper Nerves	05/08/2018	NEW	View Pending Claim
Left Upper Nerves	05/08/2018	NEW	View Pending Claim
Left Lower Nerve	05/08/2018	NEW	View Pending Claim
Right Lower Nerve	05/08/2018	NEW	View Pending Claim
Skin Condition	05/08/2018	INC	View Pending Claim

[broncovet]

The short answer is, "we dont know your conditions", so we cant opine if you are eligible for SMC or not.  

If you are referring to "Statuatory" SMC S, this requires a SINGLE 100 percent and additonal disabilities which combine to 60 percent.  Since you did not list a "single" 100 percent, that rules that out. SMC's are regulated here, you know your medical history better than we do, so check your medical history with these SMC's:

https://www.law.cornell.edu/cfr/text/38/3.350 

Of course, I dont know if your knees, shoulder, etc, qualifies as "loss of use".  There are several "loss of use" SMC's for different limbs, even an SMC K for loss of use of a reproductive organ.  

 

[broncovet]

If you get an "extra" 100 percent, then you would likely qualify for SMC S, as I explained above, as long as you have "seperate and distinct" ratings that combine to 60 percent.  

 

[dluvmj23]

So if my other pendings add to 100%, then i would qualify?

[dluvmj23]

Thanks for your help.

[Buck52]

Just my 3 cents

I do think you have enough combined ratings to qualify for SMC 

But the kicker here would be the severity of the disabilitys?

  being you don't have one separate and distinct disability at 60% as broncovet mention   most of your ratings would be combined if you had a 100% rating and then anoter seperate rating of 60% then you would meet the criteria for the SMC.

but for rating purposes they should look at the SMC Special rating table to see if you do quailfy ON ALL YOUR COMBINED RATINGS....but then again it depends a lot on how severe they are.

[broncovet]

No.  The "STATUATORY" SMC S rating requires a "single" 100 percent.  

This does not mean you WONT get SMC S.  There is another way:

"Housebound in fact".  If your doctor says you are "substantially confined" to your premises because of SC condtion(s), then you are housbeound in fact.  Again, your post does not indicate whether or not you are housebound "in Fact".  We also dont know if you need "aid and attendance", which is SMC L.  

My suggestion is you read the regulations I posted above, and ask on individual ones..there are many SMC's, and we have no idea which, if any you qualify for.  

So,  for example, if your doc says you have limited use of your knees, then we may be able to try to figure out if you are eligble for THAT paticular SMC.  Which SMC or how many do you think you are eligible for?