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Is this correct SMC?

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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 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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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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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.

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