*** SMC ( S) ***

[david dupe]

I read on H&P attorney site, one way to qualify for smc (s) u can be tdiu permanent & total and at least 60% sc by its self or combined. What makes it 100% this way is the permanent & total.the other way is a secondary rating of 100%.

has anyone filed and was awarded this way???

[jbasser]

The key word is total plus 60. 2008 Bradley v. Peake. 

[broncovet]

Im not quite getting your question.  If you have a "single" 100 percent disability (including tdiu) and an additional 60 percent combined, you are eligible for statuatory SMC S.    These disabilites have to be 'SEPERATE AND DISTINCT"  from each other.  

The "other way" to get SMC S is "housbound in fact".  That may work.  Read about it.  https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

 

[david dupe]

Thanks for the response. TRUST ME IM CONFUSED TO!!!!

Reasons for decision 

1. Entititlement to I/u

entitlement to I/u is granted because you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.

according to va form 21-8940, veterans application for increased compensation based on I/u. You are currently SC for the following cad 60%, residuals, fracture right elbow radial head 10%, copd 10%, hypertension 10%, mechanical low back pain with degenerative disc disease, residuals of fusion at L5- S1 10% combined rating 80%.

letter from my Pc Md. stated u have been treated for a. number of medical problems which include hypertensive vascular disease, chronic bronchitis and radius impairment. Md states because of your medical conditions, which include low back pain, you are unable to maintain full time employment.

c&p Md. states the following medical conditions cause functional impairment and impacts on sedentary employment are ( all my ratings) low back pain caused by degenerative disc disease causing chronic pain for which you take pain medicine, which causes significant limitation of STANDING, WALKING AND ACTIVITIES OF DAILY LIVING and are unable to pursue gainful or sedentary employment.

it goes on to say that I am p&t. I have read a few times especially on attorney sites like CC&K that if you were tdiu (P&T) it is a separate 100% rating on its own!!! They also go on to explain how I'm Ch. 35 and my dependats quality for educational assistance.   

With all of this being said, do I qualify for smc(s)???

[vetquest]

If you have TDIU and one condition is noted to cause you to be unable to work "The VA examination, dated xx,xxxx, indicates you would not be able to obtain/maintain gainful employment due to your XXXXX alone."  Then a separate and distinct disability is 60% or more disabling you are entitled to SMC.  TDIU P&T is not considered 100% for SMC purposes until you have this statement in your decision. 

[david dupe]

Thx vetquest

the way I read the va decision, they granted me tdiu on all of my ratings combined. In my last post, the first 2 paragraphs I posted is the reason they gave me for approval.

does this mean that I don't qualify smc(s)????

[vetquest]

It does not sound like it then.  I was denied SMC for seven years because they said my TDIU was the combination of two disabilities.  It was not until my last C&P that they added the SMC after declaring that PTSD was the sole disability for TDIU.  Sorry.