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Is this correct SMC?


Go to solution Solved by taylor88be8,

Question

If a veteran has 100% PTSD/TBI , 50% Migraines, 30% Gerd, 10% Tinnitus and 0% ED plus Aid and attendance based on helplessness where should he be located on the SMC Chain? 

 

To give more info he was

70% TDIU P&T  (IU based solely on his PTSD)Effective Date : (June 27,2012) (date after being medically retired)

 

Then received a 100% Scheduler P&T  for PTSD with a Effective Date : (March 24,2018)

 

He is already :  (SMC-k, SMC-S, SMC-L  

SMC-L1/2 and SMC-P)

would this be correct?

And yes he lost the S when he got the L

 

 

Edited by taylor88be8
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The SMC rating is correct. SMC L is awarded for the A&A. L 1/2 is awarded under §3.350(f)(3) as a 1/2 step increase to the intermediate rate between L and M due to additional independent ratings a

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I’m getting the awards and I’ll submit them for you to review real quick 

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64913A11-D268-488C-A236-F97C07541DB9.jpeg

 

F3C29A63-BDF5-4E46-9F18-98277A2779DE.jpeg

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The SMC rating is correct. SMC L is awarded for the A&A. L 1/2 is awarded under §3.350(f)(3) as a 1/2 step increase to the intermediate rate between L and M due to additional independent ratings at 50% or higher. The migraines must not be related to the PTSD rating in order to get this as the GERD and tinnitus would not combine to reach 50% or more. VA expresses this as SMC at the P rate and parenthesizes it as SMC P (L 1/2+ K). 

Edited by asknod
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Would the effective date be the June 27,2012 TDIU P&T based solely on the ptsd or march 24,2018 when he was increased from 70% to 100% ptsd P&T Scheduler?  

 

Thanks

Taylor

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For SMC purposes, TDIU and a 100% schedular rating are interchangeable (See Buie v. Shinseki ( 2010)). I presume the L 1/2 was effective on 6/12/12 judging by the way you wrote the post. If they awarded it later  then it would hinge on when you were awarded the additional 50% or more that qualified you for the §3.350(f)(3) "bump". SMC is due and owing the moment you qualify based on medical evidence of record-even if it was 1968. Getting VA to pay it may require some prodding. 

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5 hours ago, asknod said:

For SMC purposes, TDIU and a 100% schedular rating are interchangeable (See Buie v. Shinseki ( 2010)). I presume the L 1/2 was effective on 6/12/12 judging by the way you wrote the post. If they awarded it later  then it would hinge on when you were awarded the additional 50% or more that qualified you for the §3.350(f)(3) "bump". SMC is due and owing the moment you qualify based on medical evidence of record-even if it was 1968. Getting VA to pay it may require some prodding. 

No Sir.. They made my  effective date of SMC-L (March 24,2018)  the same day that they made the 70% TDIU P&T to 100% P&T Scheduler of PTSD 

So do I have issues here then? With dates? 

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