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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!!
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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
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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)
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