Special Monthly Compensation At The Statutory Housebound Rate

[john999]

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.

[WAC-Vet75]

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.

They never considered SMC s when I got my 100% (TDIU, one disability), back in 1993..... I directly "inferred" housebound in the letter submitted to the VARO, the letter which I was told was what actually got me rated TDIU. Oh wait, I was able to make VA appointments, even though I had to have someone go with me, as I couldn't leave my house alone. Hell, I even wrote how I would hide when someone came to my door! Nope, SMC was never even mentioned........

Well, my A&A and Lupus claims are now in notification, as of this afternoon. Once I learn the outcome, I will be able to file for SMC using my statement against them using combined ratings! I tried calling the 800# to see if I could glean any information, but I guess it was just too soon. I did learn that something went on June 7th, I just don't know what, but it has to be reviewed now. Either way, I will be submitting my statement for SMC, using addition, not combined evaluation rating.

The fight begins again!!!.

[Sidney56]

Hey guys....I don't know if this pertains to me or not, since it

is hard for me to wrap my brain around a lot of legal jargon at

the moment. I have filed form 21-2680 completed by my VA Psy requesting

A&A. Now you guys got me wondering if I qualify for Housebound.

Here is the statement from my award letter:

We determined that the following service connected condition(s) has/have

worsened, so we granted an increase in your assigned percentage:

Old % Assigned = 10%....New % Assigned= 70%......Effective Date= Aug 30,2005

Old % Assigned = 70%....New % Assigned= 100%.....Effective Date= Aug 26,2010

Entitlement to individual unemployability is granted effective August 30,2005.

Basic eligibility to Dependents' Educational Assistance is established from August 30,2005.

A finding of incompetency is proposed.

No examination will be scheduled in the future for your permanent and total disability/disabilities.

This is a grant of benefits sought on your appeal. Therefore, your appeal is considered satisfied and

has been closed.

The overall or combined evaluation is 70% effective August 30, 2005, however, you will be paid at

the 100% rate based on your entitlement to individual unemployability, it becomes 100% effective

August 26, 2010. We do not add the individual percentages of each condition to determine your combined rating.

Instead, we use a combined tating table that considers the effect from the most serious to the least serious

condition.

Am I eligible for SMC, or am I interpreting you guys statements wrong?

My VSO is of no help. He thinks that I should be "grateful for what I got

and don't open a can of worms with the VA". What bulls***!

Edited June 16, 2011 by Sidney56

[john999]

You need to be actually housebound or have total plus 60% to get housebound.

[Philip Rogers]

WAC-Vet75, nope never heard back, yet. Next wk I'll be home all week and will try daily to get in touch w/them. I bet they'll call me back if I say I'm interested in leaving my estate to them!

pr

PR, did you ever get a call back from NVLSP? I sent them an email, applicable regs with responses, but have not heard a thing from them so far.

[Philip Rogers]

John - mine was inferred in '99 when they awarded me, statuatory 100% but they denied it. It's been under appeal since'99 and is now headed back to the BVA, before returning to the court. In the meantime I have 20+10+10+10+10, which should total 60% and entitle me to the "s" award but they denied that, using the combined ratings chart/table, which is a clear error. At least it'll be awarded eventually to August, 2010, when I win that part.

pr

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.