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

[sixthscents]

Yep they are entitled to 1/2 the next higher rate as long as the combined injuries or illnesses are from a seperate system or +part of the body etc.

reference CFR 38 3.350

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized

HA! bet its the same... the key being intermediate rate or L 1/2... please not the provision for anatomic segements etc.... BUT the spine is 3 seperate systems cevical thoracic and lumbar.... so if the spine is involved keep that in mind...

[sixthscents]

And... this is the ONLY answer... (jedi mind trick)... you see only my answer... you see only my answer... (nanananana)

It is in fact the correct answer though... and I already knew the reference... I am spending way too much time at this

[Guest rickb54]

Yep they are entitled to 1/2 the next higher rate as long as the combined injuries or illnesses are from a seperate system or +part of the body etc.

reference CFR 38 3.350

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized

HA! bet its the same... the key being intermediate rate or L 1/2... please not the provision for anatomic segements etc.... BUT the spine is 3 seperate systems cevical thoracic and lumbar.... so if the spine is involved keep that in mind...

Based on what you say I will qualify for L 1/2 half, because my other 50% disabilities are seperate and distint from my lungs or back. Good info, sure glad someone understands SMC's. Oh, I have to admit I like your answer better than crusiers, guess I'll have to wait and see what the va says.. I am inclined to accept your version because even though I am somewhat confused about smc's I just think your answer makes more sense. ( it also means more compensation... lol)

[sixthscents]

Well all I can say is I typed up a one page letter explaining my disabilities and the ratings for each, then showed how (copy and paste) from CFR 38 I was entitled to L 1/2 not just L.... 21 days (I swear 21 days) later I had a letter from the VA stating that yes I was entitled to L1/2, the backpay hit a week later from date of increase in disability exam - so... like I said if the systems are different and they add up USING VA MATH - 10 + 10 + 10 + 10 +10 doesnt equal 50%... so it still has to use the same math as the previous %'s.... I know I am right... they are shelling out a couple hundred more a month (yeah!). BUT.... I would have never caught it if I hadn't been researching someone elses claim during advocacy work... so casting bread upon the waters does pay back really in just increased knowlege......