Smc

[windy city]

Does anybody knowledegable with the SMC criterias. Need Help.

[Rich T]

CFR 3.350 (p) sections 3 OR 4 can only be applied one time. The 50% or 100% must be seperate from the qualifying SMC 100%. The K award can be added 3 times. It does seem as though you should be L 1/2, if the 40% and 10% are not factors in your A&A.

[Philip Rogers]

I've a related question then. Since a claimant is rated 100% schedular, for PTSD, there is no remaining well person (RWP) so shouldn't the VA math "not" apply? On the 100%+60% rule is the 60% a single disability or can it be separate ratings that add up to an additional 60%? Thanks.

pr

[windy city]

CFR 3.350 (p) sections 3 OR 4 can only be applied one time. The 50% or 100% must be seperate from the qualifying SMC 100%. The K award can be added 3 times. It does seem as though you should be L 1/2, if the 40% and 10% are not factors in your A&A.

Hey guys if all this is true now I realized why the va denied my sleep apnea, because they would have to sc me for 50% and they did not want to give me my half step.

[Vike17]

Philip,

The additional 60% can either be one disability or numerous disabilities that combine to 60% using the combined ratings table.

Windy City,

The VA did not deny your claim just because they would have to pay some amount of extra money. They denied your claim because apparently your sleep apnea does not have some sort of plausible nexus to your military service. For what it's worth, a 50%, 40% and 10% combined would equal 73% rounded down to 70% and without getting into the very complex and complicated SMC giudlines would probably qulaify you for SMC "s." The amount of possible retro or mothly payment has no affect on the decision made by a RVSR or DRO.

Vike 17

[Philip Rogers]

Philip,

The additional 60% can either be one disability or numerous disabilities that combine to 60% using the combined ratings table.

Windy City,

The VA did not deny your claim just because they would have to pay some amount of extra money. They denied your claim because apparently your sleep apnea does not have some sort of plausible nexus to your military service. For what it's worth, a 50%, 40% and 10% combined would equal 73% rounded down to 70% and without getting into the very complex and complicated SMC giudlines would probably qulaify you for SMC "s." The amount of possible retro or mothly payment has no affect on the decision made by a RVSR or DRO.

Vike 17

Thanks, Vike 17.

Too bad that even though the claimant is already 100% disabled that they still use VA math (ie: the combined ratings table). Thanks again.

pr

[windy city]

Philip,

The additional 60% can either be one disability or numerous disabilities that combine to 60% using the combined ratings table.

Windy City,

The VA did not deny your claim just because they would have to pay some amount of extra money. They denied your claim because apparently your sleep apnea does not have some sort of plausible nexus to your military service. For what it's worth, a 50%, 40% and 10% combined would equal 73% rounded down to 70% and without getting into the very complex and complicated SMC giudlines would probably qulaify you for SMC "s." The amount of possible retro or mothly payment has no affect on the decision made by a RVSR or DRO.

Vike 17

Vike 17

Are you saying that the va uses combined tables in order to grant you smc. I thought that was only for compensation, and another thing the combinations of 50 or 100 are they used only on one time occasion or more than once. Thanks

windy city