Is this correct SMC?

[taylor88be8]

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 August 31, 2019 by taylor88be8 (see edit history)

[taylor88be8]

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

 

 

 

Edited September 5, 2019 by taylor88be8
Personal information not edited (see edit history)

[FormerMember]

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 September 1, 2019 by asknod (see edit history)

[taylor88be8]

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

[FormerMember]

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. 

[taylor88be8]

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? 

[FormerMember]

Based on that information, I'd say you have a claim for an earlier effective date. SMC is always due and owing the moment the medical records support it. Bradley v Peake 2008 was the first prec. holding  that equated TDIU as being the equal to 100% schedular. However, without the claims file in front of me for verification of all the criteria, I couldn't legally file it. You, being pro se, are free to do whatever you feel like. 

The only hole in this donut is whether you met the qualifications medically for A&A based on the symptomatology of the 70% rating for PTSD alone. Remember, the requirements for 100% PTSD are much higher and tend to be more likely to support a finding of the need for A&A. You have a rating decision narrative. Read it. It would be clear why A&A was due and owing from the reasons and bases statements.

As you come to study SMC, you will find it to be the most difficult to navigate, the most confusing, with endless combinations not covered in SMC P and lastly, the fact that it allows pyramiding. Very few master all the nuances of it. I know about 15-18 VA attorneys who are good at it. Maybe 8 who are Jedi Knights.

[Buck52]

taylor88be8

Please edit your post black out your personal information

(Name- address- and claim #)

Thanks

Edited September 3, 2019 by Buck52 (see edit history)

[RCS]

Here's my previous situation:  100% Scheduler P&T for PTSD; 20% for A/C joint separation; 20% for rotator cuff syndrome; 20% for lumbar spine degenerative arthritis with IVDS; and 10% for right lower extremity radiculopathy.  Also, I was getting SMC K.

Earlier this year, I was approved for A&A and was granted SMC L.

My question is this...shouldnt I have been granted SMC L1/2 instead of just SMC L? 

When I applied for A&A, if was based on my PTSD and the narrative decision states that: Entitlement to SMC is warranted in this case because criteria regarding A&A have been met. (38 CFR 3.350;3.352)

I'm kinda lost at the moment.  

 

[VICDE]

RCS,

In the future it better if you make your own post as this causes confusion with Taylor's post and answers.  Not a criticism just an observation. I know how it is to be new to posting in sites like this one and wanting to get answers. 

RCS,  when I look at your ratings I see 60%, off the top of my head please confirm using VA math,  (20+20+20+10), in addition to the 100 using VA math.  I will not insult you or him by reaffirming what ASKNOD said earlier to Taylor or here in the message boards previously.  I will only say please see his previous posts or his site explaining SMC for a great down to earth explanation.  Personally, I like and need simple explanations.

However, it depends on if you were rated the SMC (l) based solely on your 100% PTSD alone or all your service connected disabilities together.  From my personal experience the VA does this(lump them all in one)  and it negates the opportunity to claim them as a separate SMC rating.  However,  Jamescripps2 seemed to have been successful in the past getting his A and A rating separated from another rating to achieve a higher level of SMC. It depends, I believe, on the situation.   

The question is would if your remaining functionality without the other disabilities being considered separately would still equal a rating of SMC (l)  and/or together  (l 1/2).  This seems to depend on how bad the PTSD symptoms are is I think and  if PTSD alone represents a need for A and A; even though it is rated as 100% this is a crucial determination, I believe, and not the 100% rating alone. 

(disclaimer:  I am not an expert: yet.  There are more experienced minds here than mind, please consult them, preferably in you own post, if you or anyone believe I am wrong, my information is from personal study and working my way up from 70% to SMC (M) and I may not be in error as far as your case is concerned).  

 

Edited October 16, 2019 by VICDE
revised input after re reading RCS post (see edit history)