SMCs 100% schedular and 60% combined ok??

[Bunny448]

Dear Hadit,

First off I am so blessed to have this community, after 18yrs I was able to receive 100% P&T schedular in 2018.

My question is Smc s.  I am not housebound and need to work.  I have researched the below and found many different answers.

1. For Smcs  Is it ok to be 100% schedular p&t plus an added 60%?   The gov reg sounds like it's a single 100% plus a single 60% but elsewhere, like on the law firm sites, it says 100 schedular is ok.

2.  So if 100% schedular (+60%) is ok, can the 60% be combined?

Me personally I am 100% schedular and then have a bunch of others that add to 70% using VA math and calculators as well as bilat calcs.

If #2 is ok, then how would I file to receive SMC s?  Most of my ratings came in at once in 2018, would I file a CUE or supplemental asking for smcs?

Thank you again so much!   Just reupped my patron.

 

Edited February 16, 2022 by Bunny448
Patron

[broncovet]

Welcome to hadit and thank you for your contribution to keep this site going.  (Its not free!)

As you pointed out, there are 2 methods to get to SMC S.  You already said you "were not housebound" (housebound in fact), so we will move on to the "Statuatory housebound".  

Quote

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities

 

So, if you have 100 percent plus an additional 70 percent, (seperate and distinct) you should have already been granted SMC S.  

     VA often overlooks this, so simply apply for it.  My advice is not to fret too much about the "seperate and distinct part" but rather apply, and appeal if you dispute their excuses for not awarding SMC S.  

     The good news:  SMC is "always inferred".  This means, if awarded, you should get benefits "back to the date you first met the criteria for SMC S (whenever that was).  It probably means a nice chuck of retro $$!  I think SMC S is about $370 or so this year.  

Edited February 17, 2022 by broncovet

[Bunny448]

Thank you!  So the extra 60 required can be combined of multiple smaller connected disabilities and doesnt have to be a 'single' 60 disability?

[deedub75]

It has to be one single service-connected disability at 100% plus an additional 60%. 

It's difficult to get one single disability rated at 100%. 

[broncovet]

Yes.  Like the regulation states, "a single 100 percent" and an additional 60 percent.  (combined).  They have to be seperate and distinct.  

My advice is to apply, if you have the requisit 100 plus 60 combined.  Let the VA parse out "whether your disabilities are seperate and distinct" and, if you dont agree with their decision, appeal it.  

"Its possible" you MAY need an IMO from a doctor demonstrating your sc disabilities "are" seperate.  This is a medical decision, not a raters opinion.  But dont go there unless you are denied, and then post the decisions reasons and bases for denial.  

[El Train]

I got mine automatically.  You should too.  You are close having other ratings total 70%.  Are you sure they all add up to that?  If so, have your VSO contact the VBA to make sure they didn't miss something.  You can recheck you ratings again using this link.  Obviously don't use your 100% rating.

https://www.hillandponton.com/va-disability-calculator/