Lonniebrinson Posted June 20, 2022 Share Posted June 20, 2022 SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ? Link to comment Share on other sites More sharing options...
Dustoff1970 Posted June 20, 2022 Share Posted June 20, 2022 If you have not done so already I would find a very experienced and motivated paid VSO at a VA Regional Office or VA hospital to assist you with this involved situation and medical - rating issue. Maybe another vet with identical ratings can answer your question on the Hadit forum. Good luck. Lonniebrinson 1 Link to comment Share on other sites More sharing options...
Richard1954 Posted June 21, 2022 Share Posted June 21, 2022 8 hours ago, Lonniebrinson said: SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ? NOI both cannnot be applied its one or the other. If you only have an additional 50% or higher rating you get L 1/2 If you have an additional 100% rating over the original 100% rating you will be bumped to M not to m 1/2 Basically your saying you were initially smc L 1/2 or P, Now you were granted SMC M or P2, thats it that is how it works In my opinion, the rule is easy to understand. If you have not read the rules, take a look, if your confused the fact is 100% in additon to a 100% rating gets you M. BY the way the second 100% cannot be a combined 100% it has to be a standalone rating. I have been trying to gewt to M for years almost thought I had made it when I was awarded a temporary 100% for 5 months, but no has to be a permanent rating. I have a single 100% rating and a combined 100% rating, I have had L 1/2 or P1 for years.... Actually if you read it carefully you get the impression that you would get a bump for every 50% or better that you have I have 3 60% ratings thinking I should be at M 1/2 but nope... they only count the first 50% or the first 100% for th bump to L 1/2 or M respectfully. broncovet 1 Link to comment Share on other sites More sharing options...
Lonniebrinson Posted June 21, 2022 Author Share Posted June 21, 2022 9 minutes ago, Richard1954 said: NOI both cannnot be applied its one or the other. If you only have an additional 50% or higher rating you get L 1/2 If you have an additional 100% rating over the original 100% rating you will be bumped to M not to m 1/2 Basically your saying you were initially smc L 1/2 or P, Now you were granted SMC M or P2, thats it that is how it works In my opinion, the rule is easy to understand. If you have not read the rules, take a look, if your confused the fact is 100% in additon to a 100% rating gets you M. BY the way the second 100% cannot be a combined 100% it has to be a standalone rating. I have been trying to gewt to M for years almost thought I had made it when I was awarded a temporary 100% for 5 months, but no has to be a permanent rating. I have a single 100% rating and a combined 100% rating, I have had L 1/2 or P1 for years.... Actually if you read it carefully you get the impression that you would get a bump for every 50% or better that you have I have 3 60% ratings thinking I should be at M 1/2 but nope... they only count the first 50% or the first 100% for th bump to L 1/2 or M respectfully. But according to 38 u.s.c 1114 it states " or if already entitled to an intermediate rate to the next higher intermediate rate". The sound like a 2nd bump up from L1/2 to M1/2. Link to comment Share on other sites More sharing options...
Richard1954 Posted June 21, 2022 Share Posted June 21, 2022 2 hours ago, Lonniebrinson said: But according to 38 u.s.c 1114 it states " or if already entitled to an intermediate rate to the next higher intermediate rate". The sound like a 2nd bump up from L1/2 to M1/2. No you are misunderstanding what it means. You will only get a bump to M with an extra 100% broncovet 1 Link to comment Share on other sites More sharing options...
Moderator broncovet Posted June 21, 2022 Moderator Share Posted June 21, 2022 I agree with Richard. While I can appreciate LonnieBrinson's interpretation, unfortunately, because of Chevron Deference, VA gets to interpret its own regulations as they see fit. I have seen this on other issues plenty. The old way of (VA interpretation) of this, explained by Richard, may be ripe for a change, however. To accomplish that (needed change) in interpretation, it would most likely involve a great law firm taking this issue, such as CCK law, or Carpenter Chartered. I would encourage LonnieBrinson to follow that needed change path, through a law firm. Thats how Veterans get "favorable regulation overhauls"... Lonniebrinson 1 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now