Vike...... Smc's

[Guest rickb54]

vike,

concerning smc's

100% + 60% = Housebound or SMC S

is it also true that 100% +60% + 50% = next level of SMC

And what if the veteran is alredy awarded A&A ? is he maxed out on SMC's?

Edited February 25, 2007 by rickb54

[Vike17]

Rickb54,

You're not the lone ranger in not being able to figure out SMC sometimes. Even "Cruiser" has attempted many times to clarify how SMC works and has said many times over that even the more experienced RVSR's and DRO's have a difficult time sorting things out. This backs up what I have experienced also. When I've talked to RVSR's and DRO's, they have also said SMC is one of the more difficult issues to address in the claims process.

I would guess in your senario (100% + 60% + 50%) it would depend on many variables, such as is the 60% evaluation a combination of disabilities or one rating, what are those rating(s) for (amputation, blindness, deafness ect...)? If so, what level of A&A under "r" would be applicable? Depending on what the 60% evalution(s) is/are for, they would be combined under the Combined ratings table and could equal a combined rating up to 80% (60% for one disability combined with 50% for one disability is 80%).

I hope I didn't confuse any more on this. It would sure be nice if "Cruiser" started to post here as I see he has registered. However, I suspect there is too much negativity here by many members toward the VA and its current and former employees for him to donate his experience and expertise in the VA claims process.

Vike 17

[carlie]

Come on now Vike ------ if cruiser were to begin posting at hadit I would virtually have little reason to lurk over at the VBN board at all.

It's true, hadit.com is allowed to have and post open negativity here that is directed towards the VA, towards past and present VA employees, VA doctors, and the entire claims process.

Some may refer to hadit as that dumb azz, ignorant, wanna be board, that spends so much time working up fradulent claims of disability against the United States Government, etc......

If a few should choose to come around and will stomach reading through months of prior postings on all subjects, they would find a bit more appreciation for what has been developed here at hadit.

They would find a broad range of personalities - with a common goal - they would find veterans or others, that have been touched or in some way joined to a veteran - they would find people in search of answers

to a multitude of various topics. They would find proud individuals, many of them searching for simple

justification over issues that affect their daily lives, this justification is sought in different ways.

Being that most claims discussed on hadit deal with veterans physical and or mental disabilities ---

it will surely be found that most of the posts here deal with seeking monetary compensation. Just as what I have seen on other veterans sites, much of the same information and research is shared here.

I do read all of the postings I find that Cruiser either starts (rarely) or responds to and I continue to appreciate and learn from much of what I read. Now, the flip (not sir flip) side of what I have found

in attempting to work with Cruiser is that, even though I'm a feamle, I feel I have a legitimate right and responsibility to share, what I perceive to be to helpful --- without being castrated for doing so.

Please pardon my language - BUT - on a daily basis, I feel warmed and welcomed at hadit.com --

I feel this way due to the fact that the majority of people here ARE NOT puffing out their chest... pounding it and trying to compare who has the biggest dick, who humped the hardest terrain, lived in the worst of conditions, took on the most fire, as I said before, has the biggest dick.

There are certainly disagreements here -- usually minor flame wars --- disagreements, but NEVER have I

not felt welcomed here at hadit. I have rarely felt a sense of a veteran attempting to gain benefits through fradulent means. When that is perceived the poster eventually gets called on it. I find that to be quite aggravating as it wastes so much of our time and usually causes confusion. Just as Cruiser can spot fraud -- so can many of us. I dont feel I get treated as a lower class of veteran here, for something as simple as not doing X amount of time in the military or not being retired from the military.

The rules and regs say Im a veteran - the loyalty, love and allegiance I carry for my country, affirms within

me that I am a veteran. At hadit.com, I have no worry, anxiety or shame in posting that I only served 1 1/2 yrs. active duty -- during peace time no less. I have no worry posting this at hadit.com, because most people are here to help me in any way they are able - and if the info isn't just right, I know somehow it will usually get corrected, even if it needs to be explained 20 different ways.

The more I learn, I realize how little I actually know.

I do know this, the VA, past and present employees, VA doctors and the entire claims process,

provides a great deal of service and benefits to veterans. In doing so mistakes will certainly happen,

whether it is through the fault of the VA, a doctor, a VSO, the veteran, whatever -- mistakes happen.

I feel these mistakes happen more frequently by every other avenue -- other than the veteran.

Vike -- like it or not -- I vote you --- hadit.com's -- kinder version of Cruiser.

jmho,

carlie

[Guest rickb54]

Vike -- like it or not -- I vote you --- hadit.com's -- kinder version of Cruiser.

jmho,

carlie

Ohhhhh , Now we all feel better, but you didn't answer the question

[Berta]

I still get confused by SMC- luckily we have vets here who fully comprehend these regs.

They can run away with you-

When I succeed in my SMC CUE- I have already sent VA my calculations as to what level of SMC they owe me as accrued and how I determined the level by specific VA medical evidence and also how I figured out the amount.It is much higher than my DIC offset which I want returned upon eventual successful direct SC death award.The RC has to award that I think so I already discussed this wth him and why I feel I am eligible for the return of many years of offset to my DIC. Reginal Counsel got the point.

What is most unusual is that the SMC award I figured out was for only one Sec 1151 100% condition- stroke-(malpracticed)- the VA still has to award on DMII (malpracticed)(My present AO claim) and also heart disease (malpracticed)I filed Cue on this also.

Although the med recs revealed significant heart disease and misdiagnosed heart attack for 6 years-the VA was successful in never acknowledging the veteran's heart disease-and never treated it.

I forget how I got that into a CUE scenario but I did.I think I said the VA had failed, in spite of significant medical evidence for 6 years in VA's possession to properly code and rate the heart disease.

The lack of any diagnostic code in any VA decision for CAD whatsoever is -I think- how I claimed CUE.My awards (FTCA and 1151) fully considered the veterans heart disease as misdiagnosed.However the VA never stated heart disease in that award.

Only the medical report I got under the FOIA from the VACO -OGC in Washington confirmed this.

That CUE decision will be very interesting.

Edited February 25, 2007 by Berta

[sixthscents]

OK.. the original question was SMC, (Carlie you are a vet, and your decent people too... and I could care less what VBN says since they are by and large nothing but flame)

The answer is... unfortuantely... it depends...

Given your situation of 100% + 60% (assuming different etiologys) then s rate housebound...add in another 50% for another differing disability from all the others.. and you get 1/2 the next higher rate, but theres no s 1/2 (or is there). I think that if the all above were true that it'd be 1/2 the difference between the L rate and the s rate. Since the L rate is the next highest (monetairily) after s (nope they dont follow the durn alphabet but I cant spell anyway so it makes sense to me)

so... again assuming that all these disabilities are for different systems, or segments then 160% = s and 50% equals s1/2 or 1/2 the difference between s and L....

now heres where it gets hokey, cause what do these ratings evolve from... if theres loss of use etc. then smc is awarded for that anyway...

simply put... not enough information...sorry rickb54... but give us more, or I cant get any more specific myself....

[Guest rickb54]

simply put... not enough information...sorry rickb54... but give us more, or I cant get any more specific myself....

LOL...

Ok this is the deal

one disability 100%

one disability 60% = SMC housebound s rate

five disabilities rated 10% each 50%

so now if a a veteran is awarded A&A (due to doctor statement) = L rate ( instead of the s rate)

does the additional 50% disability entitle the veteran to any additional smc ?

(Cruser already gave me an answer at another cite, but let see if you have a different answer, and of so how you come to it)

thanks