Edited by rickb54, 19 February 2007 - 12:32 AM.
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Posted 28 June 2006 - 11:03 PM
Posted 29 June 2006 - 06:31 AM
The veteran has to be at a SMC level between L and O with additional independent SC disabilties rated at least (or combined independently) to 50 % or greater-
to be considered for the next intermediate SMC level ,but the 50% additional reg does not go over the "O" award.
Example by NVLSP" page 346, 2005 edition VBM:
Vet has SC loss of use of both feet-, also SC PTSD and back condition-
100% under DC 5110- loss of both feet,
40% limit of motion -severe- DC 5237 (spine)
30 % PTSD
The foot loss entitles this vet to SMC "L", the additional disabilities combine to 50% or above -and this entitles him to a step level- SMC L 1/2,
If this vet were 100% for PTSD, he would then receive the "M" award.
Does that help?
This is why the VBM can be invaluable- there is an entire section on the levels and the step levels of higher rates of SMC.
Also BVA decisions regarding the higher levels of SMC can help greatly to understand this facet of VA ratings too-
It can get very confusing-
often a vet with multiple disabilties that come under SMC must claim them in the best way for the highest rate-
I believe that two areas of VARO error affect vets substantially-
improper Nehmer retro awards and
improper SMC considerations.
The 1114 "P" award is rare but Max Clellan (former VA sec) and Lewis Puller (Chesty's son)could have gotten it-
(Triple extremity loss)
Edited by Berta, 29 June 2006 - 06:34 AM.
Posted 29 June 2006 - 08:00 AM
complicated sytem that grew out of a bunch of private laws for individual veterans after WWI, was codified in the 1930s and continued to evolve into what it is today. SMC is a building block system with the basic award being SMC (k). A veteran with a below the knee amputation ratable at 60% is entitled to (k), currently $87 per month. The same veteran who is now legally blind with visual acuity <5/200 bilaterally is entitled to the next level, (k) + 1 or (l). When that level is reached the veteran is paid a flat sum monthly that includes all rated conditions, with a few exceptions. SMC(l) is currently $2977.00. More traumas and condition add more levels. I just did estimates for 4 polytraumaed guys from OIF/OEF currently recuperating in MTFs so they would have an idea what their incomes would be like once they RAD. They ranged from a 70% + SMC(k) to a SMC (m+1/2), conservatively because I don't yet have their SMRs.
Does anyone have access to "Dictator's Codes?" Can't find them on VA.
Can someone explain what this means:
Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.
Posted 29 June 2006 - 08:26 AM
Posted 29 June 2006 - 08:31 AM
Oh, yeah, when I wanted to file for DMII the VA person was sarcastic and said why was I filing since I already had IU. The fact that DMII could lead to complications never registered with them. I don't think many at the VA understand anything including CUE or SMC. One thing I picked up is that if the VA does not fight you over a potential claim then watch out because they are probably sitting on something that would give you more money.
Posted 29 June 2006 - 09:26 AM
VA can't give you a combined rating for asthma (DC 6602) and COPD (DC 6604) under 38 CFR § 4.96 Special provisions regarding evaluation of respiratory conditions.
(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.
If they are giving you 60 and 30, you're probably ahead of the game.
That is what I thought. Interesting how the va has screwed so many of us by not awarding 100% vrs TDIU. In my case added up I am 200% disabled, combined I am 94.33 disabled... talk about getting screwed. In my case they rated my asthma(60) and copd(30) seperately instead of as one... which would be 100% by itself.. anyway I can't help but think that somehow I got shafted someware with this rating....