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SMC (S) Overlooked

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whoami?

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I have been wrestling with the idea of applying for SMC (S) because I am 100% P&T PTSD, SSDI, and I don't work. I sent an IRIS message like 1 a.m. this morning.

I don't have a copy of the message I sent but based off of my research I told them that they overlooked SMC (S) back to my new 100% rating in 2014 based off the fact that I can't work because of my disability. This is the response I received hours later. I don't think they even understand what I ask for....What should I do....

Page 7 of my award packet only talks about if I disagree with their decision but they never mentioned SMC (S). 

 

 

 

Recently you requested assistance from VA. Below is our response.

If you wish to reopen this issue, you may do so within the next 14 days.

Thank you for allowing us to be of service to you.
 

Response By Email (Department of Veterans Affairs) (02/01/2017 )
Dear Mr. XXX:

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated February 1, 2017.

VA is grateful to all Veterans for the service and individual sacrifice they made to our nation. 

Unfortunately, our decision regarding your special monthly compensation is now file, as your time to appeal our decision expired on January 2, 2016, as stated within our January 2, 2015, Notification letter, page 7.  

The National Resource Directory (NRD), http://www.nrd.gov/misc/about_us, is a resource website that connects wounded warriors, Service Members, Veterans, their families, and caregivers to programs and services that support them.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours, 

C. Boyd
National IRIS Response Center Manager
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  • HadIt.com Elder

 You will need a separate S.C. condition & Rated  60% or Higher to meet the SMC-S Crireria for SMC-S

Am I eligible for a special monthly compensation?

The U.S. Department of Veterans Affairs (VA) Special Monthly Compensation (SMC) program may provide benefits in addition to, or instead of, disability compensation if there is loss (or loss of use of ) a limb, sight, speech, hearing, mobility, sexual organ or functioning, or for certain other disabilities. There may be eligibility for SMC if the veteran is unable to leave the house or bed without help or is in need of regular help from another person in performing the basic tasks of everyday life, such as eating, bathing, dressing, toileting and transferring.

SMC compensates for non-economic losses, such as personal inconvenience and loss of use of a body part, or body system. SMC is one of the most complex VA programs. There are about 60 levels of SMC divided into nine letter categories (K-T). If you get SMC, the VA will tell you which of these categories you qualify for. Some of the letter categories also have inbetween levels. The two most common SMC letters are:

K: Anatomical loss of either one hand, one foot, both buttocks, one or more creative organs used for reproduction due to trauma while in the service (or as a residual of service-connected disabilities), one eye, voice due to disease or deafness of both ears.

S: Veteran has a 100 percent service-connected disability; a qualifying, additional service-connected disability (or disabilities) that is separate from the first disability and is independently rated at 60 percent; or is approved for VA disability compensation. Or, disabilities must directly cause the veteran to be confined to home. Also, it must be certain that a veteran’s disability or disabilities and confinement will continue for the rest of his or her life.

Because VA’s Special Monthly Compensation program is one of the most confusing and intricate programs that the VA offers, it is important that you seek assistance from an accredited veterans service officer. 

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This is what I used as my basis that I qualify for smc s ...from asknod

 

Housebound, as defined by Congress, means your disabilities keep youfrom leaving the house to go to work. In order to work, most of us have to leave the house-ergo having to stay home because you can’t work is what makes you “substantially housebound”. That’s a far cry from what VA tries to imply. Make sure you understand the difference. To me, being 100% schedular with a ripsnorting good case of the schizzies and being seventy-ish is a pretty good recipe for housebound all in itself. Why VA didn’t see that in Mr. Howell will remain a mystery for the ages.

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I believe that my current situation warrants a CUE because VA never addressed or mentioned SMC (S) as an option for me when clearly it should have been being that they rated me 100% P&T for PTSD.

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I agree with whoami.  VA is required to adjuticate entitlement to SMC S housebound, whenever the VEteran reaches a single 100 percent disability.  I have the same thing, and Im in appeals now.  

There are 2 methods for the Veteran to get SMC S Housebound, and an additional 60 percent is NOT always required.  

1.  The 100percent plus an additional 60 percent.  

2.  Housebound "in fact", which often requires a C and P exam to see if you are "substantially confined" to your home.   I agree with you that Howell suggests that it is not correct that a Veteran "never leave his home" for housebound.  He need only not leave his home "for work".   If you are not working, then you are not leaving your home "for work".  

     YOu can do this one of 2 ways:  

1.  You can hire an attorney.  Best way.  If the VA made a CUE error, and its likely they did by not adjuticating your claim for SMC S, when you were awarded a single 100% disability.  

You may not have to pay for the attorney, if EAJA pays your fees.  Likely.  

2.  You can do it yourself or with a VSO.  VSO's, and VA employees are often not on top of new developments such as Howell.  

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  • HadIt.com Elder

Back when I was granted TDIU P&T   IN 2002  The VA Rater never mention the SMC-S1  H.B. (maybe they should have?) but I never caught it.

I could not work   So I Would not leave my house for work,.it was years later (14) that I filed PTSD Claim and was awared & S.C. 70% chronic PTSD. &.with this separate PTSD S.C. 70%Condition   they inferred the SMC S  .H.B.

So maybe this vet has a legitimate argument or CUE to be given the SMC-S H.B.

I'd sure request them to CUE them self on this decision and ask for the SMC-S Be Given Back to the original decision  and  get back retro.

If Asknod was or is helping you  get his advise!

Edited by Buck52
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I understand what you are saying. But I am just trying to make sure I have my ducks in a row to close this matter as it pertains to my claim. The VA has failed to even introduce HB which should be automatic for a veteran with my issues. I am seeking council from the people of this forum because I know you guys have been through basically everything the VA has to offer.

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