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SMC Special Monthly Compensation
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http://asknod.wordpress.com/2013/02/27/special-monthly-compensation-what-is-it/
Last reply by jfrei, -
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DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 July 22, 2009 Director (00/21) All VA Regional Offices and CentersIn Reply Refer To: 211B Fast Letter 09-33 SUBJ: Special Monthly Compensation at the Statutory Housebound Rate This letter provides guidance for adjudicating claims involving entitlement to special monthly compensation (SMC) at the housebound rate based on a decision by the U.S. Court of Appeals for Veterans Claims (CAVC or Court) in Bradley v Peake. Background 38 U.S.C.
Last reply by Chuck75, -
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http://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf EXAMINATION FOR HOUSEBOUND STATUS OR PERMANENT NEED FOR REGULAR AID AND ATTENDANCE 21-2680.pdf
Last reply by carlie, -
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Last reply by Tbird, -
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Filed: March 23rd, 2011 Precedential Status: Precedential Buie v. Shinseki – CourtListener.com The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s). Whenever a veteran has a total disability rating, schedular or extra-schedular, based on multiple disabilities and the veteran is subsequently awarded service connection for any additional disability or disabilities, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service…
Last reply by pacmanx1, -
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So I got another win today. I have been getting paid at the L 1/2 rate for Aid and Attendance, a single 100% rating plus a separate 70% rating. Today's win gave me another single (separate) 100% rating and SMC K. The award letter shows the pay rate equaling L 1/2 + K. If I'm not mistaken I should have bumped up from L 1/2 to M 1/2 + K. What do the experts say?
Last reply by rentalguy1, -
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I was previously rated 100% P&T for the following: Lumbosacral 40% Left femoral 20% Left sciatic 20% Right femoral 20% Right sciatic 20% Cervical 30% Right upper radiculopathy 40% Left upper radiculopathy 30% Tinnitus 10% Painful scar secondary to UPPP 10% Headaches secondary to UPPP denied but found DTA error in HLR Sinusitis secondary to UPPP denied but found DTA error in HLR GERD secondary to UPPP denied but found DTA error in HLR Bowel leakage secondary to back denied (this was before I was rated on my back) Constipation secondary to back denied (this was before I was rated on my back) Urinary frequency secondary to back denied (…
Last reply by Dot09, -
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I have a lot of VA claims knowledge, but one thing I have never been able to square away in my noodle is SMC rate combinations. I have SMC L-1 for A&A. I am also appealing, and have no doubt that I will win a claim for loss of use of both feet (my VA PCP and the QTC examiner both quoted, ver batem, the language from the CFR to describe my LOU/complete paralysis - no active movement below the knee, but the rater totally ignored it and gave me 60% for each leg under Sciatic Nerve, Incomplete Paralysis). The rating for LOU of both feet is 100%. I also have additional 70%, 60% (not the sciatic nerve), and 50% ratings. As I understand it, a single 100% rating plus an addit…
Last reply by rentalguy1, -
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I am 100% P&T for a variety of conditions (40% TBI, 50% migraines, 50% PTSD, and knee bilateral 20%, etc). My TBI rating should be much higher than 40% but I was always afraid to protest it or try for a higher rating because I have already been awarded 100% P&T so there was no need for me to protest it and I didn’t want to take the risk of getting a other conditions evaluated and rated lower like knee etc. but then I just learned about SMC (T) and I believe I am qualified. I cannot manage my finances, I have memory loss and gave to keep a journal, my mother has to care for me to help with preparing meals, my mother has to manage my finances for me, she h…
Last reply by jamescripps2, -
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I was under the impression that with the 100% for loss of use of the lower extremities the SMC-S would become SMC-L but there is no mention of SMC-L in the decision. It shows SMC was remanded??? Why would they not grant “L” and remand the SMC? Everything i’m reading on the government site states it will be an automatic increase. Under additional benefits on ebenefits-it still shows S-1 and entitlement to SAH is granted. Please help me understand. I feel totally let down. Thanks M
Last reply by broncovet, -
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Hello all, I have been working on my husbands since Nov 2015. Met with BVA Judge with the help of an attorney in June and waiting on a decision. I’m looking at an opinion on what this claim should possibly fall at. Here are the claim items: all secondary to the hemochromatosis, a hereditary disorder. Cirrhosis of the Liver (level 3) Avascular Necrosis both ankles (require aid) Arthritis of both hands, right elbow and right shoulder (requires aid) Erectile Dysfunction GERD High Blood Pressure Anxiety Restricted Esophagus Anemia and a few others Thank you for any information you can give.
Last reply by knoxcap, -
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VA's duty to maximize a claimant's benefits includes consideration of whether his disabilities establish entitlement to SMC under 38 U.S.C. § 1114, and can be inferred by the record. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. 280, 294 (2008). Entitlement to SMC is therefore an inferable issue anytime Veteran is asking for increased benefits. See Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). Here, the Veteran specifically makes entitlement to SMC an issue through the HLR request and NOD filed. https://www.va.gov/vetapp22/Files3/A22004761.txt
Last reply by Mr cue,
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