I assume “notify someone” pertains to CRSC.My status just recently went from 70% to 70% TDIU P&T. Do I need to notify someone about this? It seems like TDIU isn't technically 100%, it's just paid at that rate.
There are two different paths that can make a veteran eligible to receive SMC(s) benefits: You are entitled to receive SMC(s) if you have at least two service-connected disabilities with the first rated totally disabling (100%) and the second rated at least 60%. (See Bradley v. Peake, 22 Vet. App. 280, 293 (2008) below for TDIU information.)Question Ron, if someone receives an IU rating for something like migraines, and they have several other conditions totaling to more than 60%
could they be eligible for SMC-S?
Yes...you are correct IF the TDIU rating is NOT based on a single disability . “A TDIU rating based on a single disability is permitted to satisfy the statutory requirement of a total rating. Id. Nonetheless, the TDIU rating based on a single disability that satisfies the total (100 percent) rating requirement must be separate and distinct from the additional disability or disabilities independently ratable at 60 percent or more for purposes of housebound benefits. Id. In addition, the Bradley decision also stated that the decision to treat multiple disabilities as one under 38 C.F.R. § 4.16(a) was specifically limited to TDIU ratings. That is, a TDIU rating based on multiple service-connected disabilities does not satisfy the criteria for one total disability in considering entitlement to housebound benefits under 38 U.S.C.A. § 1114(s). Id. at 290-91.Ok, so since something like migraines is only ratable to 50%, it would only qualify for SMC-S if the member is housbound. Does that sound correct?