Migraines rated Solely for TDIU plus 60% equals SMC-S Read it for yourself.

[pacmanx1]

Read It for yourselves. TDIU plus 60% = SMC-S, it can be done.

Accordingly, the Board finds that the Veteran is entitled to a TDIU due solely to service-connected migraines, effective March 21, 2020.      

SMC 

SMC benefits by reason of being housebound are payable if the Veteran has a single permanent disability rated 100 percent disabling and has additional service-connected disability or disabilities independently ratable at 60 percent or more. See 38 U.S.C. §§ 1114(s), 1134; 38 C.F.R. § 3.350(i). The disabilities independently ratable at 60 percent or more must be separate and distinct from the 100 percent service-connected disability and involve different anatomical segments or bodily systems. See 38 C.F.R. § 3.350(i)(1).

Effective March 21, 2020, including the disability evaluations adjudicated herein, the Veteran had a 50 percent evaluation for acne scars of the face; a 50 percent evaluation for GAD; a 30 percent evaluation for painful scars of the left inguinal area status post hernia repair and of the face; a 10 percent evaluation for tinnitus; a non-compensable evaluation for bilateral hearing loss; a non-compensable evaluation for acne scars of the upper back; and a non-compensable evaluation for acne scars of the upper chest. These additional disabilities combine to a disability evaluation of 80 percent. 

As of March 21, 2020, the Veteran had a TDIU due solely to service-connected migraines as granted herein and had additional service-connected disability or disabilities independently ratable at 60 percent or more. 

Accordingly, the Board finds that the Veteran is entitled to SMC under 38 U.S.C. § 1134, effective March 21, 2020.

https://www.va.gov/vetapp22/Files1/22000108.txt

 

 

[Richard1954]

There is nothing unusual about this award, the VA has been doing this  since Bradley V Peake ( TDIU & 60 = SMC S or Housebound) 

[pacmanx1]

The significance of this post is that, if you read through several posts. We have veterans that ask if they are entitled to SMC-S if they are awarded TDIU plus 60%. Some posts that a TDIU must be rated at 60%, 70% or above but the bottom line is that TDIU is just that TDIU. A TDIU rating plus an additional separate 60% or above makes a veteran eligible for SMC-S provided that the TDIU disability and the plus 60% disabilities are not the same disabilities or fall under the same category.

[Dot09]

I’m curious about this too. I was just recently rated for migraines at 50% stating I am unable to work from the condition.

and I also have bipolar 70 percent tdiu

could I be rerated at the 50% migraines tdiu and 70 bipolar for my 60% that would be a statutory rated. Just curious if they would flip flop the tdiu from one condition to another.

because if you left it as is I would be 70 percent bipolar tdiu and 50 percent migraines. Which I would not qualify. Because I need a 60 percent rating.

Edited June 2, 2022 by Dot09

[pacmanx1]

13 minutes ago, Dot09 said:

I’m curious about this too. I was just recently rated for migraines at 50% stating I am unable to work from the condition.

and I also have bipolar 70 percent tdiu

could I be rerated at the 50% migraines tdiu and 70 bipolar for my 60% that would be a statutory rated. Just curious if they would flip flop the tdiu from one condition to another.

because if you left it as is I would be 70 percent bipolar tdiu and 50 percent migraines. Which I would not qualify. Because I need a 60 percent rating.

The VA does not flip or flop decisions. If your records support the fact that you should be considered for SMC-S, then the VA should have considered it.   Tricky very tricky. I say tricky because TDIU plus 50% does not equal SMC-S.

Now if you are/were rated 50% TDIU for migraines alone plus your 70% TDIU for Bipolar then you may have a chance, but the VA is not going to roll over easy for this rating, so I say tricky. You may want to consult an attorney. Others may chime in.

[Dot09]

Yeah I’m just curious. Because my migraines specifically state I am unable to work due to this condition. I just put my claim in which would put me at 70/50/30/20/10/10/10 and possibly another 50 percent from sleep apnea.

[pacmanx1]

 

Quote

possibly another 50 percent from sleep apnea.

Pay close attention to the regulation which the VA loves to ignore.

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100%
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50%
Persistent daytime hypersomnolence 30%
Asymptomatic but with documented sleep disorder breathing 0%

¹ Review for entitlement to special monthly compensation under § 3.350 of this chapter.

Edited June 2, 2022 by pacmanx1