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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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taylor88be8

Please edit your post black out your personal information

(Name- address- and claim #)

Thanks

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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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.  

 

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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 by VICDE
revised input after re reading RCS post
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