Richard1954 Posted June 21, 2022 Share Posted June 21, 2022 @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 1 Link to comment Share on other sites More sharing options...
Lonniebrinson Posted June 21, 2022 Author Share Posted June 21, 2022 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) Link to comment Share on other sites More sharing options...
Lonniebrinson Posted June 21, 2022 Author Share Posted June 21, 2022 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) ? Link to comment Share on other sites More sharing options...
Richard1954 Posted June 21, 2022 Share Posted June 21, 2022 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. Link to comment Share on other sites More sharing options...
Lonniebrinson Posted June 22, 2022 Author Share Posted June 22, 2022 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 Link to comment Share on other sites More sharing options...
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