A long time ago I asked some questions and was given some very valuable information. I am 100% service connected....with an R1 special monthly compensation rating. I also have a 50% rating for another disorder. I had been told that I should be paid the special monthly compensation and additional money (can't remember exactly how much) on the 50%. Well, when I received my pay from the VA they did not pay me that way. However, I used all of my facts and appealed to the VA and they changed my pay to pay me for both!!! Seems as the VA didn't know their own regulations. Well, anyway, at a later date my compensation level was increased. But, I was not paid the additional amount for the 50%. I chose not to do anything at the time....figured I would let it go for a little bit, but now am going to go back to them with the facts to get them to pay me correctly. Could someone please give me the links that I can use to prove my case? Thank you so much!!
To clarify my question.....I believe the regulations state that when a person hss a second disability rated at 50% they will be paid at the next highest rate on the special monthly compensation scale. I just cannot locate the regulation that states this and I need someone's help. Please??? Thank you!!
Posts: 3 | Registered: Aug 2005
| IP: Logged |
quote:Originally posted by ifirgit: To clarify my question.....I believe the regulations state that when a person hss a second disability rated at 50% they will be paid at the next highest rate on the special monthly compensation scale. I just cannot locate the regulation that states this and I need someone's help. Please??? Thank you!!
This does not apply to those rated at the "R" level. To clarify though: it's called (informally) the "P" law. If you have addtl disabilities equalling 50% (can be a combination of disabilties equalling 50%) then you get an addtl 1/2 step: i.e. if you rated SMC "L" you would get SMC "L 1/2" or if you had SMC "M" you go to SMC "M 1/2".
If you had an addtional "independent" 100% rating (cannot be several disabilties equalling 100%) you get a full step: i.e. if you were rated SMC "L" you would go to SMC "M" or if you had SMC "M 1/2" you would go to SMC "N 1/2".
There is no 1/2 step between SMC "R 1" and SMC "R 2". It's a very "wordy" thing to type so I hope this makes sense.
FYI: it is located under 38 CFR 3.350 (f)(3) and (4). (in the 2006 version of the law)
(c) 1999-2005. INDIVIDUAL MEMBERS RESERVE ALL RIGHTS TO THEIR POSTINGS ON THIS BULLETIN BOARD WHERE COPYRIGHT IS NOT EXPLICITLY DISCLAIMED. (KANSAS CITY, MO.) *** Junior members, members, moderators, and administrators reserve common-law copyright privileges and rights to their own individual postings, unless expressly disclaimed. By using this bulletin board and in consideration for the privileges of such use, all guests, junior members, members, moderators, and administrators irrevocably agree to grant AGWVA permission and consent to use, store, retrieve, copy, distribute, and edit such message postings without limitation or exception, and irrevocably appoints AGWVA as agent for the purpose of execting any document or instrument necessary to effectuate this agreement. Furthermore, by using this bulletin board and in consideration therefor, all authorized or unauthorized guests, junior members, members, moderators, and administrators agree that the controlling jurisdiction over any dispute or controversy arising from the use or access of this bulletin board shall be governed under the laws of the State of Missouri and jurisdiction of the Circuit Court of Clay County, Missouri. *** While we encourage private messages to be posted in private forums requiring special authorization to enter, some messages on this bulletin board are protected by attorney-client privilege, doctor-patient privilege, and/or priest-penitent privilege, and such messages are intended solely for the use of those posting those messages, the intended recipient of that message, and AGWVA Bulletin Board's management - any disclosure beyond these parties is unintentional. The voluntary provision of medical, regulatory services/VA-representation, or religious services to members of the AGWVA Bulletin Board shall be limited by the case-by-case circumstances of each situation and shall be provided or not provided at the sole discretion of the person providing such services with the understanding that such services may stop or be limited at any time. Voluntary provision of any such service does not guarantee or assure any person a future or further right to such services. *** For posting messages to or from this bulletin board, AGWVA's management (moderators and administrators) are not compensated, directly or indirectly. *** Unauthorized use, copying, or distribution of material posted to this bulletin board is prohibited. Unauthorized access to this bulletin board is illegal and AGWVA reserves the right to prosecute anyone attempting to illegally access this bulletin board. AGWVA has stated explicit rules of conduct for its members posting on this bulletin board and all such rules are incorporated herein by reference as if fully set out hereinbelow. ***