2 separate 100% scheduler ratings? open up smc doors??

[Buck52]

Question?

Can a Veteran have two 100% scheduler ratings with separate conditions.?? (yes)

However

Say scheduler  100% for hearing loss with TDIU P&T

Also to get a 100% scheduler rating for hearing loss  does the Veteran need to be completely deaf? can't hear anything at all only sounds from vibrations.

and 

Depression rated at 100% separate from the hearing loss/not sure the Depression is a set back rating from the hearing loss? But say is diagnose for MDD AT 100% Also.

Does this open up the SMC doors? in anyway?

Ok if this is true  can the Veteran apply for SMC L??? or A&A or any of the higher SMC's

Also can Veteran be rated a 100%scheduler for one disability and also recive TDIU P&T for that same disability?

2 100% s.c. separate disability's open up the SMC Doors??

According to bradley vs peake, tdiu counts toward 100 percent for smc.  

what is in question   here

if a Veteran has 2= 100%scheduler ratings with separate disability one of these disability's is TDIU P&T WITH A 100% SCHEDULER RATING.

The other disability being RATING 100% Scheduler for Depression alone.

  will this open up the SMC L door?

Edited August 25, 2019 by Buck52

[Buck52]

Anybody?? know for sure?

[Richard1954]

TDIU does not qualify any veteran for SMC L ( Aid & Attendance)

TDIU is only considered for housebound if the TDIU was granted based on one medical disability,  and only if the veteran has an additions separate 60%  or more rating for a different condition.

Factually, a 100% rating is not required for Aid & attendance,  the only requirement is that the veteran must show that they need assistance with daily living. 

If a veterans has two scheduler 100% ratings and is awarded aid and attendance,  one of the 100% ratings will qualify the veteran for A&A at the M level. 

 

 

Edited August 26, 2019 by Richard1954

[Buck52]

Thanks Richard1954

It really don't make any sense to me on this type of rating   veterans can get SMC Under the 100% if he shows he needs assistant with his everyday living 

 ok if he is under the 100%  seems to me they rating him wrong in the first place  to need assistance from someone ?

  looks like to me that veteran should be 100% scheduler  at the very lease and then the SMC looked at...if he was 100% and then got SMC l OR m  R-1 What ever the case maybe   he would get more $$$

if he is less than 100% and meets the SMC Criteria  he would get what that SMC Pays out and his  70%or 80% 90% rating   which would be less $$$  vs if he was rating 100% and qualified for the SMC above the SMC-S

I was told that 2 =100% separate s.c. conditions qualifies veterans for the SMC -L

 

But as you mention

''Factually, a 100% rating is not required for Aid & attendance,  the only requirement is that the veteran must show that they need assistance with daily living.''

[Richard1954]

https://www.law.cornell.edu/cfr/text/38/3.350