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Am I entitled to SMC S

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Otrgypsy

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I have 70% + TDIU.  My other disabilities are from the same cause, but are not in VA terms interrelated. All disabilities caused by solvents the 70% is brain w/ acquired psych.

I also have 20% each leg for neuropathy, 50% OSA, 30 % Gut,  10% anal leakage everything attributed to solvent poisoning. On the calculators this is an additional 80%

I just received the results of a higher level review and they made no mention of SMC S. I did not know about this and did not request it. But my understanding is they are supposed to award it without being asked.

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If those other contentions are considered part of tdiu then they aren't separate. Yes, they are, but it gets missed so sometimes you need to ask. 

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Based on your post, yes, I would guess you would meet the statuatory smc s criteria, which is a single 100 percent (tdiu counts, but IDK which disabilities vA counted as rendering you unable to work).  That should be in your tdiu decision.  Additionally you need a combined 60 percent seperate and distinct, and, again, I have not reviewed your file so IDK that either.   You wont be able to do these until you receive your decision, at least can download it via ebenefits/va.gov. You need  that decision to make choices below.  

I agree with broken soldier its often missed, so you need to fight for it. To do that choose one or more of the following:

1.  File CUE based on failure to maximize as the va should have awarded smc s if you  meet the criteria. 

2.  File an appeal, and choose which route.  HLR, BVA, etc.  To decide that you should review your file to see if they have all the key evidence.  If something is missing skip HLR, and opt for SCL, or BVA. 

3.  Do nothing and miss out on your smc s.  (Not recommended).. 

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I, personally, recommend that everyone applying for any ratings also request an SMC-S award.  I believe they are still required to consider this anytime there is a TDIU or 100% award but rarely ever do unless you mention it.  Additionally, you should apply for any dependent's compensation, at that time, also.

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