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SMC

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dluvmj23

Question

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
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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.  

 

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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.  

 

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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.

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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? 

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