SMC for additional 50 & 100 percent evaluation under 38 cfr 3.50(f)(3) & (f)(4)

[Richard1954]

@broncovet I agree this should be looked at because it raises so many questions. There is an attorney that uses this board quite offten ( his name excapes me) but he also felt that because of the way it reads it should mean each 50% or each 100% entitled the veteran to an additional step. But as I said before, it does not. You get one step increase period. I wish it wasn't so. 

[Lonniebrinson]

7 hours ago, broncovet said:

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"...

Thank you. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2 (SMC-M)

[Lonniebrinson]

17 hours 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.

 

Thanks Richard. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2(SMC-M) ?

[Richard1954]

3 hours ago, Lonniebrinson said:

Thanks Richard. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2(SMC-M) ?

Well I would be surprised if you do get another 100% rating, but yes your not going to get any higher than M.

[Lonniebrinson]

2 hours ago, Richard1954 said:

Well I would be surprised if you do get another 100% rating, but yes your not going to get any higher than M.

Thanks