Entitlement to Smc S?

[Bluntly]

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.

[Bluntly]

Thanks a lot to everyone as I’m in pending final review. I mentioned this in my HLR informal conference. I’d asked did Bradley vs Peake apply here? because of my current rating and she said she’ll look into it for me. The conference was held August 23rd and pending final review that 29th. So we’ll see the results real soon and I’ll update once it’s completed. 
 

*Edit: updated to preparation for notification as of yesterday. No letter generated yet, or changes in ratings.

Edited September 8, 2023 by Bluntly

[Dot09]

Bradley Vs peake applies  when you have a singular disability that is bumped by tdiu meaning you have a disability say 70 percent but is adjusticated at 100 percent. But you must also meet the expectation of plus a combined or singular 60 percent.

[namvet6567]

My motto is to appeal all decisions, unless you are satisfied and agree w/the results.  It took me 10yrs to win 100% for a ptsd claim but I won, retro to my original claim date.  Because I was awarded 100% schedular, a claim was inferred for A&A/HB, at the time.  It took over 31yrs and multiple trips to the BVA & CAVC, but I won that also, w/31yrs retro, all based on evidence that was in my original claim.  Always appeal your decision(s).  You can also file for an increase but that doesn't get you an award to the original claim date.  Never ever, ever, ever give up!!!!!  jmo

[Bluntly]

Greetings, Hadit family 

I'm following back up with an update on my previous post, as SMC was not mentioned or inferred. So while I have 4 appeals waiting at the BVA for a hearing, I decided to give it another crack at the regional office. I’d put in a supplemental claim for rhinitis and stated why I disagreed with the overall evaluation. I pointed out how that 10 percent qualified me for SMC S, and the CFR’s that makes me eligible. 

At first I was advised to use the Ask Va and state specifically my issue and concerns. Also advised to specifically ask to be contacted by phone and not by e-mail. Well that phone call was today, about 5 business days from the inquiry and spoke with a nice young lady. It was a brief short convo, as she said she’s going to set an appointment up at my regional office to have this error fixed. 

She asked what’s my earliest availability and we set the appointment up for this Friday. I’ve been having so many ups and downs with the Va that I’m just so skeptical if she wasn’t just kicking the can down the road. We’ll see how it goes and keeping my fingers crossed that I’ll get someone that actually helps on the phone. I don’t know if I’ll have to wait this process out in the supplemental lane or that this error can just be fixed without going thru the process. I’ll keep you’ll posted on the outcome and update on Friday.

P.S. Thanks for taking the time to read & listen…Semper Fi

[broncovet]

"Just in case" go ahead and file a nod, disputing the denial of (your additional 10 percent) which would qualify you for smc S.  Be sure to do this in less than one year from decision.  Do it 2 weeks before, send the nod certified mail so va cant claim they lost it like they did my nod.  

[Bluntly]

1 hour ago, broncovet said:

"Just in case" go ahead and file a nod, disputing the denial of (your additional 10 percent) which would qualify you for smc S.  Be sure to do this in less than one year from decision.  Do it 2 weeks before, send the nod certified mail so va cant claim they lost it like they did my nod.  

Good advice as always because even tho this appeal has been continuously pursued, September will be that year marker. Filed nod in May of 2023, then HLR decision came in September of 2023.

Edited August 8 by Bluntly