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.

[john999]

What does "S" pay these days? I got "S" back in 2008  but I had to file a CUE to get it.  I had TDIU plus 60% and yet the VA did not award "S" before I filed for it.

[pacmanx1]

1 hour ago, john999 said:

What does "S" pay these days?

I think it is about a little more than $440 above the 100% schedular rate.  If I am off, I am quite sure someone will correct me. 

[Rattler]

Because you are 100% TDUI and if you meet the requirements of the SMC you are seeking the answer is yes. Right now you are 100% Extra Scheduler. It will take another 50% to 60% to push you into the 100% Scheduler Rating.

[Bluntly]

Update:

Lawyer called and he see the draft up decision granting me Smc S. Effective date going back to August 10, 2022 which was when the Pact Act came into play. Filed supplemental July 29, 2024, so not bad on the Va part this go around. Small victory while my other appeals awaits at the BVA.

Edited August 30 by Bluntly

[broncovet]

Congratulations!   Im sure your lawyer will review the effective date carefully, but Im more than a little skeptical there is something in the pact act that limits your effective date of smc S.  Indeed, current regulations support SMC being awarded "when symptoms first began", NOT the date of application nor  the date of the Pact Act, nor the date of Joe Biden's favorite dogs birthday.  

I have seen VA hornswaggle the effective date each time I was awarded benefits, and each time, the appeals eventually showed the effective date listed was just plain bogus.  

Here are the actual effective date regulations, and I did not see "Pact Act" anywhere, did you?

aw.cornell.edu/cfr/text/38/3.400#:~:text=prev%20%7C%20next-,§%203.400%20General.,entitlement%20arose%2C%20whichever%20is%20later.

While its true, under 38 cfr 3.114, the "liberalization law" can limit benefits effective date, The regulations involving SMC have not changed with the PACT ACT.  

You were likely always eligible, Pact aCT or no pact act.  The Pact act did not change your effective date, IMHO.  

Edited August 31 by broncovet

[Bluntly]

5 hours ago, broncovet said:

Congratulations!   Im sure your lawyer will review the effective date carefully, but Im more than a little skeptical there is something in the pact act that limits your effective date of smc S.  Indeed, current regulations support SMC being awarded "when symptoms first began", NOT the date of application nor  the date of the Pact Act, nor the date of Joe Biden's favorite dogs birthday.  

I have seen VA hornswaggle the effective date each time I was awarded benefits, and each time, the appeals eventually showed the effective date listed was just plain bogus.  

Here are the actual effective date regulations, and I did not see "Pact Act" anywhere, did you?

aw.cornell.edu/cfr/text/38/3.400#:~:text=prev%20%7C%20next-,§%203.400%20General.,entitlement%20arose%2C%20whichever%20is%20later.

While its true, under 38 cfr 3.114, the "liberalization law" can limit benefits effective date, The regulations involving SMC have not changed with the PACT ACT.  

You were likely always eligible, Pact aCT or no pact act.  The Pact act did not change your effective date, IMHO.  

Thanks as always and I advised him to look into that effective date because I don’t agree with it. Also curious to know once finalized and an award letter is generated, can I then challenge the rating of S to L? Because one of my appeals involves aid & attendance. Something I forgot to bring up to the lawyer but one step at a time I guess. I’m just trying to see at the regional office about it while still waiting at the BVA for others to be decided. I appreciate the time and thanks for the replies.

- Semper Fi

Edited August 31 by Bluntly