SMC question

[vetquest]

I have been reading the SMC regulations and I am more confused than when I started.  I am 70% PTSD, 50% migraines and for neuropathy 40% rt arm, 30% left arm, 20% each leg.  I am 100% P&T.

They awarded SMC when they decided my PTSD was serious enough to warrant unemployability.  I am not sure how this matters.  I was under the understanding that at 100% you could get SMC.  I have read the regulations and all I can find talks about UI, not 100%.  Can someone help me with this?

[brokensoldier244th]

What exactly are you asking? Usually if you have a 100% rating, and then other ratings that add up to certain percentages  you end up with SMC's at different levels.  You didnt say what SMC you have, so its hard to guess, but if they deemed you unemployable with your PTSD that might be what triggered it. In any case, its extra money, so if you don't need it you can bank it away as a crash pad for emergencies. 

 

https://cck-law.com/news/special-monthly-compensation-explained/

[Buck52]

Vetquest

You need a 100% rating PLUS ANOTHER SEPARATE RATING @ 60% to meet the SMC Criteria depending on the severity of the disability and in some cases,  if a Veteran is rated below the 100%  say he has a 90%rating and on IU and files for another S.C. Condition and is awarded at lest 60% for that condition...That would meet the SMC Criteria  (Actually IU is a 100% rating  when they go by the  special rating tables)

 Scheduler  100% rating and more combined ratings of 60% or higher also meets the SMC Criteria OR one separate S.C. condition rated 60% or higher/but you need to be up to the 100% rating level.

I was rated 90% and 10% and was inferred as a 90%combined rating and was inferred the TDIU P&T  ...For years.

  Then I filed a claim for chronic PTSD was granted 70% PTSD and that change my rating to 100% final degree of 100%.. so with this 70% PTSD Rating that qualified me for the SMC  S  H.B.

So you are 100%P&T with your ratings you have now...you still need another separate or combined ratings of 60% to meet the SMC Criteria.

This is the best way I know how to explain it.

[vetquest]

I believe I am SMC-K, it is about $350 a month.  I went to 100% in 2013 with the above ratings.  SMC was awarded in 2017 when they said my PTSD prevented my from working.  I was under the impression that I should get SMC when I reached 100% in 2013.  We are dealing with ratings that were backdated ten years, the neuropathy ratings.

[Buck52]

SMC K  That 105 $$  usually paid and S.C AT 0% its paid with other compensation rates

you must be getting SMC S H.B. like me  thats paid about 347.00 monthly.

Maybe you mean they should have paid you the SMC when they granted your combined ratings for PTSD?

Or maybe I'm not understanding your question?  unless you mean you were not paid the SMC when you were grated the 100%PTSD?

But here the kicker  if you were granted the 100% with all these combined ratings and your PTSD AT 70% but kept you from working or finding marginal employment   then this is why they gave you the 100% IF YOUR NOT IU?

  but now you still need an additional 60% separate rating for SMC.. What I don't understand is if they gave you SMC S AND YOUR GETTING 350,00 Extra on top of the 100&  then if they are granted you the SMC S.H.B....This is what I don't understand??

If your 100% but don't have another separate rating at least 60%  I don't see how they granted you the SMC?

Edited July 25, 2018 by Buck52

[vetquest]

Golly this is hard, I apologize for being dense.

I had 80% for 50% PTSD and 50% migraines in 2007 and was awarded IU.

In 2018 I was awarded 40%,30%,20%,20% for neuropathy backdated to 2007.  This put me at 90% with IU as of 2007.

In 2013 I was awarded 70% PTSD so my rating should be 100% as then.  I believe I should have been awarded SMC at this point.

I was granted SMC in 2018.

What is SMC EED?

Edited July 25, 2018 by vetquest

[Buck52]

  Vetquest Quoted

''In 2013 I was awarded 70% PTSD so my rating should be 100% as then.  I believe I should have been awarded SMC at this point.''

Okay  this would be correct .

if you were 100% and then granted the 70%PTSD 

Appeal this decision and ask for the SMC be inferred  it is a statutory rating and should have be awarded when you were granted the IU

SMC  EED would be for the EARLY EFFECTIVE DATE for the SMC Award.

 

Edited July 25, 2018 by Buck52