tdiu Need Help Putting Smc Request Together

[glider222]

Hi all,

Well I received a copy of my C file yesterday. It only took two weeks! My last rating decision that I received was 4/25/2003. It was when I requested to be made P&t. It was approved with an effective date of 9/24/2002. That is when my daughter became eligible for Chap 35. I am assuming you have to be p&t to get SMC S.

Before that decision and before I was granted P&t I was granted tdiu because of my bipolar 70%, but I also had additional ratings of sleep disorder 50%, ddd of Cspine 20%, and hypothyroidism 10%. That decision was on 8/20/2002, all effective back to 11/15/2001.

So my questions, do you have to be P&t before you can get SMC S? What dates do I use to request retro from? Would it be the date I was awarded TDIU granted from 11/15/2001 or P&t granted 9/24/2002?

Nowhere in any of my decisions do they mention SMC. I would like to try to request this first without a CUE. Just ask for it on the 526 ez.

I appreciate all comments and suggestions.

[broncovet]

There are 2 SMC "S". One is "housebound in fact". That one you will need a c and p exam for, probably, to see if you meet the criteria.

The other is statuatory housebound, the "100 plus 60".

SMC S is inferred, on at least the statuatory one..when you meet the criteria, VA is supposed to adjuticate it.

Frankly, you can ask for any date you like, but it seems most likely you would get the date you are 100 plus 60, if indeed, you meet that criteria.

[glider222]

Thanks Broncovet. I am 100% plus 60, not housebound. Do you have to be P&t ?

[Buck52]

Source:

38 U.S.C. 114 (K)

check out No. previsions (3) & (4)

Authority: 38 U.S.C. 1114(p))

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

I would not think a veteran has to be rated P&T to qualify for SMC's just 100%plus rating to 60% rating of 100& plus 60%

...............Buck

[broncovet]

No. Read the operative word "or":

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[Chuck75]

Single 100% disability + 60% (Rather obvious, no problem!)

Here's where it gets messy, the way I'd interpret things.

The additional 60%, as a result of VA Math, may include all the remaining disabilities, or not.

If not and the 60% can be reached without using a remaining single rating or combined rating,

then an additional amount of SMC may be awarded. (I hate "may" - when used, it leaves the VA with a possible out!)

Using the standard VA combining method, a disability rated at the highest % would be automatically

be used first, followed by lesser %'s in the order of high to low.

It appears that the "standard" VA combination sequence may not be the most favorable way to do things.

Perhaps any high % ratings should be held out, when combinations of lower %'s reach 60%, etc.,

then utilized to obtain the additional 50% (With the usual caveats, naturally!)

Edited June 21, 2015 by Chuck75