Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

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

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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.  

 

Share this post


Link to post
Share on other sites

Ad

  • 0

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.  

 

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines