ptsd Dh's 21-4138 For Smc-K Claim - Wording Help, Please!

[carlie]

SMC/S - Housebound

I believe it's total plus 60 % with one condition being evaluated at 100 percent,

OR medical evidence of housebound in fact.

Correct me if this is not current - I'm getting old and senile.

[carlie]

hedgey,

I agree with asknod.

The ED will have to have a nexus from a doc.

The PDR and va pharmacy print out's only list COMMON/POSSIBLE side effects of medications.

This does not diagnose or support that everyone or DH has them.

A C&P examiner could easily state that

1) DH does not have ED

2) No complaints of ED found in medical evidence

3) RX meds for SC'd conditions are less likely than not related to his ED

4) A non-SC'd condition is more likely than not the cause of his ED.

This issue has to be buttoned down alot more IMO.

JMHO

[carlie]

None of the correspondence DH has received from the VA about his SMC claim have mentioned SMC-S.

Any thoughts?

Thanks so much!

Have you read over all of his prior rating decisions, SOC's SSOC's

several times, to see if SMC/S has ever been mentioned, addressed or inferred ?

[FormerMember]

Special monthly compensation is awarded based on VA's interpretation of the claims file. It is not a claim per se so much as an entitlement based on medical factors. SMC-K instructs very clearly on the criteria needed. SMC-S does too but again is predicated this time on number and combined percentages rather than missing pieces. Fortunately, the Courts have interpreted it such that being physically unable to ambulate and depart your premises constitutes the "in fact" codicil absent the requisite percentages. I applied in 2009 when I crawled out of the hospital but was denied because my daughter could take me to the hospital in a wheelchair. Didn't sound very housebound to them if I was making all my VA appointments and they denied-a year later.

[john999]

Housebound can be based on total disability plus 60%. Total disability could be TDIU or 100% scheduler. I got mine based on 70% TDIU P&T plus an extra 60% plus. I had to file a CUE to get it with two years of retro. That was Bradley v Peake 2008 I think. Then as others have mentioned you can get it for really being housebound. It seems to me that if you are disabled enough to get HB based on actual inability to leave your home you probably have a higher level of SMC than HB. The best way to get K is to have DMII. If you are treated with SSRI's or any strong pain meds you probably will have ED. Many meds can cause it.

[FormerMember]

There's an idea. If You're Vietnam Vet, eat until you reach 350 and get DM2. Then you can apply for it. Huh? I much prefer to have Winky working than the $95 dollars. No thank you.