TDIU

[Spaceace1954]

To All

If you are 100% P&T can you file for TDIU to collect SMC S?

I had to retire in 2021 because I could no longer travel for my job.

Thank you for your info.

[Vync]

@relatively happy camper That's quite a win you received. Some kinds of SMC are supposed to be inferred where the VA automatically assesses and grant if the vet meets the criteria. However, it is tough enough for vets to be lucky enough to get SMC evaluated let alone vets properly understand that they can also ask for it if overlooked. From what I have read over the past few years, it is being examined more now, but I assume that is likely due to newer processes and computer programs that remind the raters to check for it under certain circumstances. 

[Tbird]

14 hours ago, relatively happy camper said:

pacmanx1 - you may be correct but anytime a claimant gets a 100% he/she/them /they should request SMC "S."  I would never expect the VA to award something that wasn't applied for, as much as they fight you on every step of the way.  Took me 10yrs on my claim but I won 100% schedular (first 30%, then 50%, then 70% then TDIU, then 100%), then another 20yrs for the SMC "s" award but everything went back to my original claim date, in '89.  They fought SMC "s" all the way but the BVA judge found an evaluation in my original award that justified SMC "s."  I'd probably been to the BVA 5x by then and 2x at the court.  

 Fantastic @relatively happy camper

[relatively happy camper]

Vync - I'd just about decided to give up on the SMC, after 20+yrs, when I got the award decision letter.  It really floored me that day!!!  Amazing surprise!!!!  The VA rarely awards the vet what they should get.  

[Vync]

@relatively happy camper Congratulations all the way around! That's a seriously long time to have to wait for them to get it right. You are correct though about vets rarely getting correct decisions. In my experiences, about 10% of my claims were properly rated and assigned the correct effective date. Everything else required numerous submissions, NODs, supplemental, HLR, and/or BVA appeals for them to get them corrected.

[Rattler]

On 4/29/2024 at 5:49 PM, relatively happy camper said:

pacmanx1 - you may be correct but anytime a claimant gets a 100% he/she/them /they should request SMC "S."  I would never expect the VA to award something that wasn't applied for, as much as they fight you on every step of the way.  Took me 10yrs on my claim but I won 100% schedular (first 30%, then 50%, then 70% then TDIU, then 100%), then another 20yrs for the SMC "s" award but everything went back to my original claim date, in '89.  They fought SMC "s" all the way but the BVA judge found an evaluation in my original award that justified SMC "s."  I'd probably been to the BVA 5x by then and 2x at the court.  

For clarity I have to point out that you have to meet the criteria for SMC S. You just don't get it because you are 100%. For example, you are 100% and housebound etc.

[relatively happy camper]

1 hour ago, Rattler said:

For clarity I have to point out that you have to meet the criteria for SMC S. You just don't get it because you are 100%. For example, you are 100% and housebound etc.

You are correct, however, if you receive a 100% rating, the VA was and I believe still is required to consider an SMC "s" award, for either A&A or HB.  Failure to decide that leaves that claim open.  That's why I was able to pursue and win mine.  My original award was a 100% schedular rating, 9/99.  My original claim date was 4/89 and final award date was 9/99.  They failed to consider HB or A&A, in my award decision, so I decided to go after it.  I had hoped to get to the court again and get it decided on the 100+60% rule not using the ratings table but just using regular addition, instead.  I wanted a court decision on using the ratings table against the claimant, since a claimant is already 100% disabled and shouldn't be penalized again.  It appears, to me, the VA avoids a court decision on this by awarding the claim thru some other means.   Both my claims were awarded retro to 4/89.  jmo