Eligible for SMC?

[VanillaXtract]

I have been so appreciative of this site so far. It has given me more information than any other place on the internet in the past few years. I am currently 100% P&T. However, talking with some friends, they said I should be eligible for SMC. From what I read on here, I am not. Here is a list of my current ratings:

Lumbosacral 40%
Left femoral 20%
Left sciatic 20%
Right femoral 20%
Right sciatic 20%
Cervical 30%
Right upper radiculopathy 40%
Left upper radiculopathy 30%
Tinnitus 10%
PTSD deferred
UPPP with nasal regurgitation deferred (currently 0%)
Painful scar secondary to UPPP 10%
Headaches secondary to UPPP denied but found DTA error in HLR
Sinusitis secondary to UPPP denied but found DTA error in HLR
GERD secondary to UPPP denied but found DTA error in HLR
Bowel leakage secondary to back denied (this was before I was rated on my back)
Constipation secondary to back denied (this was before I was rated on my back)
Urinary frequency secondary to back denied (this was before I was rated on my back)

Now since it takes most of my rated disabilities to get 100%. I believe if I appeal my bowel and urinary issues, that they would get awarded. Is it worth it? Am I eligible? My issues are that I have trouble getting out of bed, getting dressed, preparing meals (knife work, heavy pans, etc.)
Also my DTA errors were awarded back in 03/2022. But no new claims or decisions have been made. Any advice on that would be appreciated.

[El Train]

Pretty sure you need one claim to be at 100% then all your other claims add up to 60% thereafter to get to SMC-S.  You could have 20 claims add up to 200% and still not get it if you don't have one claim at 100%.  Not easy to do.

[USNDW]

You have to decide if it is worth it to you. You can file for, and ask for an earlier effective date to the date your back rating. Ask for what you think is right.

I know when they assigned my right leg at 60%, I argued that was the same as loss of use, received SMC K and eventually SMC S based on Housebound. Now I am waiting on BVA for SAH and still arguing for SMC L because my wife is my VA Caregiver

Seems easy, but how many VA raters does it take to screw in a light bulb??

As many as they can fit in a room until a Veteran comes in and changes the bulb

[pacmanx1]

On 9/22/2022 at 12:12 PM, El Train said:

Pretty sure you need one claim to be at 100% then all your other claims add up to 60% thereafter to get to SMC-S. 

Is this right? Was there a precedential decision that said something different?

[pacmanx1]

 

I thought I read it somewhere, this Precedential Decision does not say a one disability at 100% but opened the door to TDIU with multiple disabilities and additional disabilities adding up to a separate 60%. 

Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).

The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s).  Whenever a veteran has a total disability rating, schedular or extra-schedular, based on **multiple disabilities** and the veteran is subsequently awarded service connection for any **additional disability or disabilities**, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s).  If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities.  Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).

Buie v. Shinseki – CourtListener.com

[blahsaysme2u]

so does this mean you could be scheduler 100% and have all your disabilites add up over 160% and be elig

[pacmanx1]

1 minute ago, blahsaysme2u said:

so does this mean you could be scheduler 100% and have all your disabilities add up over 160% and be elig.

No, I don't think so, the way that I read this is the veteran still has to have either a 100%+60% or a TDIU+60%. The additional 60% cannot be included in the 100% or the TDIU, they must be separate.