SMC Special Monthly Compensation
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296 topics in this forum
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- 13 replies
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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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- 6.4k views
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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- 6 replies
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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, -
- 1 follower
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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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- 245 views
This link will take you to an SMC rate helper. Follow the instructions and check the boxes that apply to you. When you get to the end , you will know exactly what SMC's your entitled to. Its also interesting to just play with it and learn about the different requirements for SMC's https://www.microhealthllc.com/wp-content/uploads/apps/smcratehelper1/
Last reply by Richard1954, -
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- 10 replies
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SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ?
Last reply by Lonniebrinson, -
- 1 follower
- 9 replies
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The Board notes that VA's duty to maximize a claimant's benefits includes consideration of whether his or her disabilities establish entitlement to SMC under 38 U.S.C. § 1114. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. at 280, 294 (2008). Thus, when the Veteran filed his claim for a TDIU in August 1998, VA had a duty to not only consider whether he was entitled to a TDIU, but also whether a grant of TDIU also entitled him to SMC at the housebound rate. https://www.va.gov/vetapp21/Files11/A21017756.txt
Last reply by Richard1954, -
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- 338 views
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 Vync, -
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This is my same claim, bva remand appeal dating back to Jan 2011. ( I have been rated 60% IU for 21 years prior to smc s1 awarded in Sept 2020) After years of denials, dro reviews, soc, ssoc and etc. I was finally afforded a 2-C/P exams at the end of 2019 and 1 in Jan 2022 as well as a review of all medical records (requested by RO also in Jan 2022) Exams were for aid and attendance, cervical degenerative arthritis, upper extremity radiculopathy, lower extremity radiculopathy/sciatic nerve paralysis, knee flexion etc. ALL exams were favorable-doctor stated severe for sciatic nerve paralysis, severe radiculopathy LR extremity and moderate for LL extremity, however I was d…
Last reply by Matti, -
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I was rated SMC-P1 ( smc-l 1/2 ). Months later I was granted Separate single 100%. Should the rating go up a whole step to SMC-P3 (smc-m 1/2) according to 3.350(f)(4) ?
Last reply by Lonniebrinson, -
- 1 follower
- 3 replies
- 387 views
Greetings, I have been battling with the VA since early 2017 with my disability claim(s). In September 2021, I filed a supplemental claim due to the presumptive condition changes for OEF/OIF/OND and burn pits / particulate matter exposures. They followed through and rated me at 100%, but I then filed for a higher level review because they put effective dates in October (the date of my LHI exam, and not the effective date of change in law or date filed for disability). It is still on-going, and they did a partial grant. I didn't ask for a CUE claim, but they found several CUE claim issues upon that higher level review. So sleep apnea, IBS, hemorrhoids, and etc are bein…
Last reply by jbasser, -
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- 770 views
New SMC Rates for 2021 http://www.veteranprograms.com/2021-smc-rates.html
Last reply by Buck52, -
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My current VA rating for veteran w/spouse is being paid SMC L1 since 2018. Last month I won my BVA appeal for CRPS both upper extremities but my rating did not change. The board granted the appeal but sent it back to the Houston RO to rate. Should I be rated "R" for having two separate L1 ratings or do you think I should be rated higher (at least O)? Can you become an HadIt patron with a 1 time donation? Be happy too. Current rated disabilities: L1 - Loss of use both feet rated on 8/24/2020 effective date 1/26/2018 (7-foot surgeries resulting in permanent use of mobility devices) L1 - (A&A) permanent need for Aid and Attendance rated …
Last reply by broncovet, -
I have 100% on a single rating for PTSD. I have 10% on GERD and others. {increase to 60% if i should} I have 20% on my back {My goal is to try to increase % on my back if i should} I have 10% on right lower extremity I have 10% on my ankle I have 10% on my hand TOTAL: 100% P&T on all of them. Should I continue to do more claims to increase, and add more new claims related to combat related? I plan on trying to increase GERD to 60%, and I plan on trying to get headaches 50% aiming to that percentage, migraines 50%, and tinnitus added 10% if i need to after 100% PT already. I also have others that is labeled 0% as service co…
Last reply by Veterano, -
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- 755 views
A veteran who is 100% T&P receives generally over 3k per month from VA and receives healthcare at no cost. Would this not automatically disqualify said Vet from A&A based on income restrictions? The posts I've read seem to take this income to count against the income requirement. What am I overlooking?
Last reply by Buck52, -
- 5 replies
- 2k views
I am 100% P&T with a 100% PTSD rating alone, from December 2017. I also have had to have shoulder surgery and hold a 10% rating for that, 10% for tinnitus, 20% for lumbar(back), 20% for right knee. The 100% PTSD made me paid at a 100% rate since. Here is where things get bad, typically I know we are told not to add disabilities when we reach 100%. However, I am quite literally slowly deteriorating now. For the last year and a 1/2, I hospitalized at least once a month from cyclic vomiting syndrome. It had made me lose weight,my health and any hope I had in life. My Wife has quit college to be able to take care of me. My kids are scared. I have so many notes becaus…
Last reply by meadows87, -
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Due to some good advice and help on here, I decided to put in a claim last week for an Increase to my current PTSD 70% and SMC L. My wife is paid to be my Caregiver thru the VA Post 9/11 VA Caregiver Program. I had my Yearly Reassessment recently and the VA decided to continue my at the highest Tier, and listed me as not being able to Bath, or do activities of daily living without the help of my wife. My PTSD has been very bad for a few years, but I was scared to put in for an increase, as I did not want to rock the boat. As most of you know the VA has done alot to mess with me to include my recently being Reviewed, Even though I am 100% P&T. The VA actually reduced m…
Last reply by FormerMember, -
So I have bad PTSD and I know its bad and pretty sure I have TBI but never tested. I was blown out of a vehicle in a training accident in 2001(actually video’d) and also mortared and rpg’d a few times during the Iraq invasion and medivac’d home for toxic therapy(brutal) due to a flesh eating parasite. I have all sorts of muscular Skeletal injuries and had a disk removed in my neck. I served in the Marines, NG, and active duty Army unit 2014. Since then I haven’t worked at all besides attempting to run a LLC from home to pay the bills which was unsuccessful. Even though the VA had me produce a income form straight up showing it was unsuccessful they still say I am workin…
Last reply by Sgtguy, -
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- 687 views
Here's a great story to start Spring. Janet and Donald are my oldest customers. Janet found me here in 2014 before I was accredited. She waited and bided her time waiting for me to get my license to kill. https://asknod.org/2020/03/09/bva-r2-you-cant-always-get-what-you-want/ Nothing, I mean nothing, could keep this woman from winning. She also snagged all the goodies on SHA and the auto grant without me. I do hope Cupcake will be that aggressive on my account if I get this ill.
Last reply by FormerMember, -
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- 2 replies
- 370 views
I am 100% p&t and just had a knee replacement on previous 10% service connected right knee that has service connection of 23 years. I also have one disability rated 70% and another rated 60% as well as others at lower amounts. I looked on ebenefits and it says I have a claim in for review of hospitalization that I didn't initiate. Do I now qualify for SMC S or another SMC? Should I be worried about my 100% p&t? Do I need to be doing something? Thoughts? Advice? Game plans? Help?!!? It was total knee replacement.
Last reply by broncovet, -
- 4 replies
- 1.1k views
Ok, so if you have tdiu, then Howell suggests you should also get SMC S..because you are not leaving the home "for work". However, at a minimum, read this: DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 July 22, 2009 Director (00/21) All VA Regional Offices and Centers In 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 …
Last reply by broncovet, -
- 2 replies
- 1.1k views
Check it out. https://asknod.org/2020/01/11/vba-fort-fumble-va-down-for-double/
Last reply by paulstrgn, -
- 1 reply
- 1k views
Here's a good one. Fresh off the VBMS Computer. Thailand Vets can win. It takes finesse. https://asknod.org/2019/11/11/veterans-day-2019-udorn-rtafb-my-band-of-brothers/
Last reply by Valhalla0321,
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