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Would a new separate 100% rating increase my level of Special Monthly Compensation-S ?

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63Charlie

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Currently statutory SMC-S, housebound disability rated with (100% + 60%)

I'm within the 90 day evidence submission period at the BVA and fighting for an increase from 30% to 100% for Meniere's Disease.

Would a new 100% rating for MD increase my SMC?

I am about ready to say hasta la vista fighting the vA corruption.

If there is no more compensation money going forward I am done with all the VBA BS.

Edited by 63Charlie
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This won’t answer your question directly, but once your rating has increased, the rater plugs it into the system, and the system generates new smc based on body parts affected.

smc does have criteria (compensation) based on how your limitations are affected.
Im not an attorney or vso, it’s just something I have read before.

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Maybe.  You know more about your sitiuation than I do, so read these and tell me if they apply:

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(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

(i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114 (l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use.

(ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

Source: https://www.law.cornell.edu/cfr/text/38/3.350

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  • HadIt.com Elder

Are you rated P&T? If you have a valid claim then pursue it.  I have done that over and over since I was rated P&T.  I would not let the VA intimidate me.  File your claims and be ready to appeal.

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I agree with John.  File your claim or appeal.  "Worrying about reductions" is VA's plan to keep Veterans from seeking all the benefits they deserve, and, instead, "settling in" for less than they deserve.  

 

When you buy into VA's "fear of reductions" you pay the cost by not getting those additional benefits you deserve.  

 

Im not buying VA's plan.  

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