What level of SMC would I be entitled to?

[rentalguy1]

I have a lot of VA claims knowledge, but one thing I have never been able to square away in my noodle is SMC rate combinations. I have SMC L-1 for A&A. I am also appealing, and have no doubt that I will win a claim for loss of use of both feet (my VA PCP and the QTC examiner both quoted, ver batem, the language from the CFR to describe my LOU/complete paralysis - no active movement below the knee, but the rater totally ignored it and gave me 60% for each leg under Sciatic Nerve, Incomplete Paralysis). The rating for LOU of both feet is 100%. I also have additional 70%, 60% (not the sciatic nerve), and 50% ratings. As I understand it, a single 100% rating plus an additional 60%(+) rating also equals SMC L. How are those two combined? Is that L 1/2? Or is that not even allowed? Also, loss of use of a foot is an SMC K rating. I am assuming that I could not get the L rating and two K ratings due to pyramiding. My gut is telling me the best I can hope for is the L rating for A&A plus two SMC K ratings for the LOU of both feet. What do you all think?

[john999]

SMC is a very complex thing, or the VA makes it complex.  There is a guy we all know named former member or Alex. SMC is is special thing.  He works for money but he does know the subject.  You can get help from experts on this because most at the VA don't even understand their own rules.

[broncovet]

I agree that SMC is complex..complex enough that many law firms dont get all the complexities.  Some law firms are great, tho, and the SMC Champion is, CCK law.  They have many public posted articles on SMC.  

In at least one portion you have some misinformation....you are not alone, there is much of it swirling around.  

You posted: 

Quote

As I understand it, a single 100% rating plus an additional 60%(+) rating also equals SMC L

Close, but no cigar.  The "100 plus 60" is Statuatory SMC S.  The regulation is found here:

Quote

Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

Notice the "or".  This means its not the only way to get SMC S, there is another, called "housebound in fact".  

SMC regulations can be found here:

https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR6477ad08d327384

[rentalguy1]

So, here is the update. I got the award letter from my higher level review today, and I was awarded 100% for LOU both feet, SMC L for a single 100% rating plus a separate 70% rating, which combined to L 1/2, specially adapted housing grant and specially adapted vehicle grant. I'll take that as a win, and it only took 3 1/2 months. After further reviewing the law, it appears that I would not be eligible for additional K ratings as it would be pyramiding. I still have two other higher level reviews outstanding and my caregiver claim is at the BVA. I will update as soon as I know something.

[broncovet]

Congratulations on your win

 Now, make sure the effective dates are correct.  Your effective date of smc is "the date you met the criteria for it" and is not dependent upon the date you filed.  

If VA limited your effective date to the date you filed, then you will need to appeal for additional retro.  

[rentalguy1]

I have an appeal for an earlier effective date for aid and attendance. I will have to do a double check of the records to see if the loss of use of both feet presented prior to the awarded effective date, which I am pretty sure it does. They always want to use the date of the C&P exam as the date you met the criteria, but most vets have medical records that provide evidence showing an earlier date where the criteria were met.

On a side note, I got another decision letter (online) for a second higher level review and I won three of the four issues on it (c-spine 20%, radiculopathy 20% in each arm). The remaining issue was GERD, and it was remanded, in effect, for the gathering of more information due to a CUE on their part involving the PACT act. I don't get any extra money out of this one, but I could care less. I like getting to add another win to my record against them.