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Entitlement to Smc S?

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Bluntly

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Greetings to all and hope all are doing well as can be currently 90% (100% TDIU) from PTSD at 70% alone. Other disabilities are 30%, 20%, 10%, 10% and two 0%’s. Just awarded rhinitis today which gave me the other 10%, so this didn’t change my overall percentage. Also I have an appeal that was granted this year from 2016 and currently I’m at the end of that just waiting to have a rating and effective date if that matters, which should be any day now.

Do I qualify for smc s now? I know once my appeal gets rated I will be but was curious to see if it applies to this new claim that was granted. Thanks for your time and any insights are appreciated.

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We dont know from what you posted.  When it comes to tdiu and SMC S, it often turns on "which" disabilities(s) the VA said caused your unemployability.  We dont know how many of those percentages you listed were used to grant tdiu.  They cant be used for both to grant tdiu and again to grant smc s.  

We would know more if you looked up your decision and knew which of these disabilities the VA says cause you to be unemployable.  

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3 hours ago, Bluntly said:

Greetings to all and hope all are doing well as can be currently 90% (100% TDIU) from PTSD at 70% alone. Other disabilities are 30%, 20%, 10%, 10% and two 0%’s.

My understanding is if you have a TDIU rating based on PTSD alone then yes, but if the VA lumped in any other rating with your TDIU then may be not, it really depends on what your decision list as what makes you TDIU.

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Thanks a lot y’all for your time and insights. The reason I asked this question is because my TDIU rating is based on my ptsd alone as the following says:

”The evaluation of post traumatic stress disorder (PTSD) and dyssomnia, (not otherwise specified) is the main contributing factor that prevents you from securing or following a substantially gainful occupation.”

My other disabilities were not a factor at all in regards to my TDIU rating. I’m going to wait a bit and see how my appeal plays out once that gets rated. Then I’ll go from there but gut feeling is my recent appeal that was granted has something to do with them not granting it to me now.

As a reminder I was just awarded rhinitis only and if I appeal, what will I be appealing for? Do I just say I disagree with rating and ask for a higher rating smc s? Or do I need to file for it on the correct form?…..thanks again and appreciate your time and replies 

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like me beginning in 1998 you have TDIU based upon only one 70% PTSD disability that gives you an effective legal 100% rating.  If your other service connected disabilities add up to at least 60% or more then you will qualify for SMC-S and maybe with backpay just like I received last year.

Since you were awarded SC for Rhinitis then all you can do is appeal the rating level if the medical evidence indicates you should have a higher rating than what they gave you.

As to my SMC-S it was awarded automatically by BVS/VARO when the BVA granted my appeal for OSA Sleep Apnea due to PTSD about 2 years ago with 2 years back pay.  Then early this year BVA awarded me an increase in Vietnam AO IHD/CAD heart disease from 30 to 60% and this extended my back pay for SMC-S for yet another year of good sugar.

I think by now the clear replies that I and Broncovet have given you should answer all your important questions.  You really need to consult with an accredited/experienced VSO found at the VA Regional Offices.  Their services are free.  This is end of my input. Good luck going forward.

My comment/opinion is not legal advice as I am not a lawyer, paralegal or VSO.

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Like bronco stated you would need the 70% percent tdiu to be the only factor in the rating for tdiu. Then you need a combined rating or singular rating at 60 percent or combined 60 percent. To me it looks like you qualify if you were only rated for 70 percent for tdiu. It would be the Bradley Vs Peake 

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File an appeal, disputing entitlement to smc s.  OR

You can apply for SMC S.  "If" awarded SMC-S, it will be at the "date the facts support" entitlement to SMC S, and wont depend on the date you appled.  

Applying should be faster, and you can appeal a denial for smc s, if you get one.  It wont change the effective date for smc regardless of when you apply.  

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