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#1 Cavman

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Posted 18 January 2009 - 07:55 PM

Can you be rated more than 100% disabled and if so are you paid more?


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#2 jbasser

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Posted 18 January 2009 - 08:53 PM

It depends on your disabilities.
If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J

#3 Cavman

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Posted 18 January 2009 - 09:28 PM

It depends on your disabilities.
If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J


I noticed you are 170% so you get more than 100% pay. If I remember right aren`t you a PTSD vet?

Cavman

#4 mags1023

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Posted 18 January 2009 - 09:43 PM

It depends on your disabilities.
If you have multiple disabilities then it is difficult to get a higher evaluation.

If you have a serious disability that is rated at 100 percent and have others totaling 60 percent or housebound should receive SMC S.

There are other scenarios that also come into play.

J

I've seen them mentioned on here before, but what are SMC S' ???

#5 rentalguy1

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Posted 18 January 2009 - 10:01 PM

SMC = Special Monthly Compensation

They are paid either in addition to (SMC K), or in place of regular ratings (all others). There are several different levels of SMC, and several different combinations of them as well. The most common are Housebound and Aid and Attendance, both typically paid at the rate of SMC L. Higher levels of Aid and Attendance are allowed, depending on the amount of care needed by the vet. They are typically paid at the rate of either SMC R1, or R2. If you are rated at 100% for a single disability, and have another single disability that is ratable at 50%, or 100%, then you are entitled to the next higher rate of SMC. This is in addition to the addtional 60% (single or combined) disabilities that jbasser spoke of. SMC is a complicated beast that is very hard to understand. If you want to learn more about it, it is governed by 38 USC 1114, and regulated by 38 CFR 3.350

#6 ausgmblr

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Posted 24 January 2009 - 06:18 PM

Can you be rated more than 100% disabled and if so are you paid more?


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#7 ausgmblr

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Posted 24 January 2009 - 06:26 PM

yes,

but you will only be paid 100% unless you are also rated for special ratings 1114(l-p)or s, then also the higher level aid and attendence r.

That's the only way I know to get more than 100%.
Ausgmblr

#8 john999

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Posted 24 January 2009 - 06:59 PM

If you are rated at the 100% schedular level the VA is supposed to "consider" you for housebound. You need some evidence to show housebound, but they are supposed to consider it because being 100% means you have a severe disability. In my experience the VA never considers it unless you claim it. This is what I have read in the Veterans Benefits Manual.

#9 jbasser

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Posted 24 January 2009 - 07:31 PM

[quote name='Cavman' date='Jan 18 2009, 10:28 PM' post='125283']
I noticed you are 170% so you get more than 100% pay. If I remember right aren`t you a PTSD vet?

Cavman
Cavman, I have a single 100 percent disability for a Pulmonary issue and a combination of others totaling another 110 percent but rounded down to 70 per VA math. SMC S.

J

Edited by jbasser, 24 January 2009 - 07:32 PM.


#10 etihwr

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Posted 23 May 2009 - 08:05 AM

You can't get more than 100%! IF the individual had done the math or used the rating table, he would have seen the rating table only goes to 100%. If you don't know what your talking about, please don't ASSUME.

If this helps, I'm 305% by your math. You call it the VA math. Actually if you know why they do what they do, you'd agree with the math.

Your 100% whole when you entered into the military unless you had some preexisting conditions. If you had PTSD at 50%, Sleep Apnea at 50%, Left Leg Injury at 40% and Right Ankle Injury at 30%, this is how the DVA would figure your rating:

100-40 (left leg)=60 x 30% (Right Ankle)=18 +40=58 plus 10%(the bilateral factor) of 58 (6)=64 64 is your highest rating.

100-64=36 x 50%=18 + 64= 82 100-82=18 x 50% = 9+82=91 Your rated at 90% disabled.

I have posted this several times, but if you haven't work in the area of the DVA were they would LOVE to change the percentages, you could be rated at 50% instead of 90%. The DVA would lower the ratings Say get 10% for Sleep Apnea with a CPAP instead of 50%, get the picture. Not allow rounding on a 10 pt basis, but instead do it on a 5 pt basis. Do you know how many 100% disabled veterans would be reduced?

There is an old saying, "don't ask for something, you might get it!" In other words, what you will get will be worse than what you have now. This is why the Major Veterans Organizations are OPPOSED to this. Only those people that wish to have the numbers add up, don't realize that they are trying to screw themselves and everyone else to boot.

#11 Berta

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Posted 24 May 2009 - 06:31 AM

The SMC (Special Monthly COmpensation) chart rates are well over 100%.

For example (this is without 2008 COLA in the last VBM)

a single veteran rated at SMC R-2 gets $7,232 per month-

we have veterans here who get more than 100%.

The M21-1 "mandates" that the VA MUST consider SMC as an inferred issue as John said.

I am fighting a CUE claim over this presently. VA did not 'infer' SMC in a prior 1997 decision regarding my husband- 100% PTSD and 100% Sec 1151.

They have to infer SMC in any case where the medical evidence warrants "possible entitlement."

My CUE claim however just become moot as now the VA has to prepare a new award for direct SC death and then finally consider the deceased veteran for SMC. The award letter I got last week was deficient and they are correcting it.

The posthumous rating must be 100% SC PTSD and 100% SC CVA (both supported by 2 separate and total SSA awards as well as VA ratings -I explained why here many times-and now 100% due to CAD due to DMII ).


I told them to keep the obvious "S" award and give him a posthumous higher SMC level due to the established medical evidence in the C file at time of his death.

Lack of proper SMC consideration in awards for 100% or TDIU as well as a lack of knowledge on the veteran's or vet rep's part -of this benefit -allows the VA to skim off retro by deliberately 'forgetting'to consider SMC comp- "mandated" per NVLSP.

If the medical evidence warrants a SMC award and the VA denied SMC or did not ecven consider SMC in a past final unappealed decision- a CUE claim can be filed against that decision.

#12 Teac

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Posted 13 November 2009 - 03:41 AM

Lack of proper SMC consideration in awards for 100% or TDIU as well as a lack of knowledge on the veteran's or vet rep's part -of this benefit -allows the VA to skim off retro by deliberately 'forgetting'to consider SMC comp- "mandated" per NVLSP.

If the medical evidence warrants a SMC award and the VA denied SMC or did not ecven consider SMC in a past final unappealed decision- a CUE claim can be filed against that decision.


Berta,

Yes this happened to me but my CUE claim goes in this morning......thanks for the info.....

Edited by Teac, 13 November 2009 - 03:42 AM.


#13 Angelo Hurtado

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Posted 13 November 2009 - 07:48 PM

This is awesome info, i had no clue u could apply for higher...i am currently 80% with ptsd and tdiu claims in....i need to investigate smc

#14 vet and wife 4 life

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Posted 13 November 2009 - 09:53 PM

If needed you may request HBHC home base health care a team composed of nurse, mental health, occupational therypist, social worked, nutritionist, and chaplain as my husband has on a regular schedule. this could be considered in your request for rating.




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