Smc

[Guest jangrin]

Does any one have a link or downloadable copy of the compensation and pension,

"SMC TRAINING LETTER"?

The VA web site for comp & pension is down again.

Also if a veterans is awarded SMC -k for loss of use-ED

and then is SC'd for loss of use -drop foot- is the vet awarded another SMC-K or does the award change to a different level? If I remember correctly,a vet can have 2 K awards but not 3.

[Berta]

I know of no SMC training letter-

http://www.warms.vba.va.gov/regs/38CFR/BOO...ART3/S3_350.DOC

That link should have it all-

I have been at the VA web site for 2 hours - maybe you should try them again-

Maybe just Waisgate is down?

I have a local SMC vet here -we are reading recent BVA decisions to see what criteria he falls into for higher SMC level-

Odd you asked because I also came here to show him Hadit site-

We found this case- a good example of what evidence he needs and appears to already have- for his claim but also a good rendition of some of the SMC regs.

http://www.va.gov/vetapp06/files4/0628188.txt

I always go to the recent BVA decisions for SMC claims- to see how they are determining probative evidence for each level of SMC.

[Guest jangrin]

I know of no SMC training letter-

http://www.warms.vba.va.gov/regs/38CFR/BOO...ART3/S3_350.DOC

That link should have it all-

I have been at the VA web site for 2 hours - maybe you should try them again-

Maybe just Waisgate is down?

I have a local SMC vet here -we are reading recent BVA decisions to see what criteria he falls into for higher SMC level-

Odd you asked because I also came here to show him Hadit site-

We found this case- a good example of what evidence he needs and appears to already have- for his claim but also a good rendition of some of the SMC regs.

http://www.va.gov/vetapp06/files4/0628188.txt

I always go to the recent BVA decisions for SMC claims- to see how they are determining probative evidence for each level of SMC.

Berta,

I copied this , is this a reference to a "training guide" or what? Not sure...."please scroll down ..

Section H. Special Monthly Compensation (SMC)

Overview

In this Section This section contains the following topics:

Topic Topic Name See Page

36 General Information on SMC 2-H-2

37 Combining Disabilities When Entitlement to SMC is at Issue 2-H-5

38 Hospital Adjustments Under 38 CFR 3.552 2-H-8

39 Entitlement to SMC Under 38 U.S.C. 1114(k) 2-H-10

40 Additional SMC for Blindness Coupled With Hearing Loss or the Loss, or Loss of Use, (L/LOU) of an Extremity Under 38 CFR 3.350(e)(1) and 38 CFR 3.350(f)(2) 2-H-16

41 SMC for Additional 50- and 100-Percent Evaluations Under 38 CFR 3.350(f)(3) and 38 CFR 3.350(f)(4) 2-H-24

42 Additional SMC for L/LOU of Three Extremities Under 38 CFR 3.350(f)(5) 2-H-29

43 Entitlement to Specially Adapted Housing Under 38 U.S.C. 2101 2-H-32

44 Entitlement to SMC Based on the Need for Aid and Attendance (A&A) 2-H-33

45 Entitlement to a Higher A&A Allowance Under 38 U.S.C. 1114®(2) 2-H-38

46 Entitlement to Housebound Benefits 2-H-41

36. General Information on SMC

Introduction This topic contains information on Special Monthly Compensation (SMC), including

• the definition of Special Monthly Compensation

• the responsibility for determining loss of use

• the information to request from an examiner

• determining the extent of examinations

• considering amputation or loss of use of extremities

• showing entitlement to SMC in rating decisions, and

• showing the denial of SMC in rating decisions.

Change Date December 13, 2005

a. Definition: SMC Special Monthly Compensation (SMC) is an additional level of compensation to veterans (above the basic levels of compensation payable based on disability ratings of 0 to 100 percent) for various types of anatomical losses or levels of impairment due solely to service-connected (SC) disabilities.

Reference: For more information on SMC, see the “SMC Training Guide” under “Training” on the Compensation and Pension Service's Intranet website.b. Responsibility for Determining Loss of Use The responsibility for determining whether there is loss of use of an extremity

• rests with the rating activity, and

• cannot be delegated to the examining physician.

Continued on next page

[Berta]

I didnt know they even had one-

I use their legal and medical SMC criteria in 38 CFR and 38 USC-

This I believe is what they put into M21-1 ---

however, SMC can get very complex and very specific to each individual case.

I usually read similiar cases at the BVA if I can find them when doing SMC claims.

Also my SMC CUE claim is an example

The "S" award is 100%SC plus additional 60%SC that is a totally independent disability.

It doesn't matter if one or both are direct SC or Sec 1151.

My husband was 100% SC PTSD.

He had 100% Section 1151 stroke with 1151 HBP contributing.

He then had 1151 heart disease that caused this stroke and his death.100% SC under 1151 CAD.

The VA for 2 years refused to consider him for SMC.They accepted my CUE claim only denying it due to one reason-they said he had not filed Sec 1151 in his lifetime.He did and it is right in my c file and I re-opened it for my DIC award.

DMII -I dont know how VA will rate that-

I went to similiar cases at the BVA web site showing how they rated all of these types disabilties and the residuals under SMC.

Obviously a "S" award is warranted but I have already told them to keep it- I want the full accrued SMC award -- about 68,000 bucks-

I gave full legal and medical rationale for that based on the levels of SMC that his disabilities had caused.

I stated how he fit into these levels-

I forget how I arrived at the amount-it is in my file here-

I am bringing this up because it was only through studying BVA cases that I could associate his disabilties and their residuals with the various levels of SMC and the "loss of use of" stuff.

The VA had caused him disability well over 200 % in additional independent Sec 1151 disabilties -and they were in addition to the 100% direct SC for PTSD award.

If my rep in 1997 had told me to file a NOD I would not be fighting this as a CUE claim now-

He said they should have paid SMC as an accrued award but they didnt-and he just shrugged his shoulders- and I never questioned that.He was more interested in discussing the other awards.

I had to completely review the veteran's two SSA awards -and also the entire clinical medical record, also I had documentation from the EEOC and his VA personnel file etc etc,and even his 1987 drivers license was critial, as well as his employment physical to work at the VA.

It took quite a bit of time to do all of this work -and I realised that not only did the VA commit CUE in a 1997 decision-they almost got away with refusing to pay SMC as accrued when in fact the veteran was certainly eligible for SMC.

Edited April 22, 2007 by Berta

[Guest jangrin]

I have spent a lot of time today, trying to find the "SMC TRAINING GUIDE", I have followed the directions to the comp and pension section and I cannot find what the heck they are talking about. I will call the 1800 number tomorrow or send an IRIS.

If anyone else can find this training letter let us know please.

Thanks,

Jangrin

[Rich T]

The "K" award can be added a maximum of 3 times to any rating from 0% to "N"(which includes "S"). It cannot be added to anything over the "O", including "R1" or "R2". You may be looking for the the M 21-1 Part VI that the rating officers ude in their decisions. I have attached the 12/29/2003 version. They have many updates, I have also attached an update from 2003. The web page for the M 21-1 is http://www.warms.vba.va.gov/M21_1.html However, it referrs to a M 21-1 MR. I have not had the need to look that up, but it gives youa headstart in your research. Good luck.

ch08.doc

chg106_m21_part_6_update.doc

Edited April 22, 2007 by Rich T

[windy city]

The "K" award can be added a maximum of 3 times to any rating from 0% to "N"(which includes "S"). It cannot be added to anything over the "O", including "R1" or "R2". You may be looking for the the M 21-1 Part VI that the rating officers ude in their decisions. I have attached the 12/29/2003 version. They have many updates, I have also attached an update from 2003. The web page for the M 21-1 is http://www.warms.vba.va.gov/M21_1.html However, it referrs to a M 21-1 MR. I have not had the need to look that up, but it gives youa headstart in your research. Good luck.

Rich T,

Can you explain what is the difference between the loss of lower extremities and the loss of foot. I read some folks say that they been awarded smc for loss of foot and others loss of extremities. Does a person have to be confined to a wheelchair for the VA to considered loss of use? I am confused with all this wordering by the VA.