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Put in for PTSD Increase and SMC L

Johnny Adams
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Good Morning,

I have a few questions about SMC.  I currently receive SMC S, for I have 70% PTSD and have 50% for Sleep Apnia, 40% for Fybromyalgia, 30% Migranes, 20% for Cervical Spine, and 10% for TBI and a host of about 9 other things all listed at the 10% Disability rating.  Would they just look at new A/A that I just submitted or would they pyramid me to the SMC t?  this is so confusing.  Thanks for any help.

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My opinion is that its unlikely for you to be "pyramided" to SMC T.  Its likely you would need a medical opinion to qualify for SMC T, but read what CCK law says about it, below.  You may get SMC T, but not because its pyramided on top of SMC S...that wont work.  

To speculate on what possible levels of SMC you would be eligible for, we would need to know:

1.  What "level" of A and A do you need?  That is, do you require a nurse, or can you get help from a family member who is not medically trained.  

2.  Do you have loss of use such as  Arms? Legs?  Are you bedridden?  

    This is what you need to qualify for SMC T:  https://cck-law.com/blog/special-monthly-compensation-series-smc-t/

Edited by broncovet
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YOU should qualify for SMC -S you have a 100% rating and another rating 60% or higher, ...>the 10%do add up but not for SMC 

SMC is given for the sererverty of the condition,  if you have 10  10%ers and that's all the rating you had  your still not eligible for SMC. it would  combined to=65.1% = a 70%rating with VA Math

SMC is a stand alone rating once you reach 100%   if you have another rating 60% and with your already rated 100%    this is a mandatory rating  if the 60% is separate and distinct  at the time you were rated.

REMINDER ** Raters have a tendency not to award the SMC.  YOU CAN APPEAL IT IF THEY DON'T THROW IN THE SMC-S.  (jmo)


Remember an Increase means that your current s.c. condition has worsen or has got to be chronic in nature.  they rated by the rating criteria that your condition warrants

Edited by Buck52
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Jerry E

    Welcome to hadit.  Please start a new topic and post your question there.  Yours is a great qestion, but we may need some more details to give great advice.  Since you are new, I will answer your question here, just this once.  

    Yes, sometimes VA makes two or more retro payments, and this could be resolved by simply waiting.  The same thing happened to me just about 4 months ago.  My DAV gave the same advice I gave you...first wait 30 days and see if the problem resolves itself and you get a second payment.  

    If its not resolved in a month, then, based on the decision, you will need to decide whether to appeal the effective date, file a cue, a reopen due to n and M evidence, or ask for an audit of you retro.   We need to know more to advise which.  If you post your decision we can help more.  Leave off your name and address.  Again, do that in a new post.  

    By the way, mine required an "audit", and I got the additional money in about 3 weeks.  

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