Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • Advertisemnt

  • VA Watchdog

  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
david dupe

*** SMC ( S) ***


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???

Share this post

Link to post
Share on other sites

Recommended Posts

  • 0

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

Share this post

Link to post
Share on other sites


  • 0

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/


Share this post

Link to post
Share on other sites
  • 0

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)???

Share this post

Link to post
Share on other sites
  • 0

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. 

Share this post

Link to post
Share on other sites
  • 0

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)????

  • Sad 1

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.


      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!


      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines