Jump to content
  • Searches Community Forums, Blog and more

  • 0
deemac76

A change in SMC S (Housebound)?

Question

Greetings Vets!! I'm rated 100% P&T for MH and other physicals disabilities and haven't worked in 8 years. I was on IU before and after being deemed unable to be retrained via voc rehab and also a ssd approval, I was increased to P&T. I just recently was informed about smc (s) from another vet with similar issues and not working as well. I checked over my award letter and it basically stated that I didn't qualify for statutory entitlement but that was all. I asked my VSO about it and he stated even though I'm not working and I only get out for appointments that I wouldn't get smc (s) due to the way the VA looks at the entitlement. He gave me the link to 38 CFR 3.350 (i)(2) and he said this what the VA goes by, but I also looked up M21-1MR, Part 4, Subpart 2, Chapter 2, Section H (10)(B) and (F) and it states that HB "in fact" is determined if a Vet can't earn a income. So basically which VA reg determines the entitlement? I think my SC'd rating in itself should being considered originally (Panic Disorder w/Agoraphobia) but it wasn't. How would one proceed with trying to see if I should be getting this compensation? A CUE or a normal claim for it? 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

There are two ways to get HB.  If you have a total disability plus at least 60% for an extra and different disability you can get statutory HB.  The other way is to actually be unable to leave your home.   A DX of Panic

disorder w/Agoraphobia would meet that criteria IMO.  In my own case I had TDIU P&T effective 8/2001 and about 8 years later I got an extra 60% for an AO condition.  I filed a claim for HB and the VA called a CUE on themselves and granted HB.   If you have scheduler 100% the VA is supposed to consider you for HB.  The VA's  new trick is to say they considered you  for the benefit and then denied it.  I would file a claim for HB due to the fact I am substantially confined to my home because of the Agoraphobia.
 

  • Like 2

Share this post


Link to post
Share on other sites

Ad


  • 0
16 minutes ago, john999 said:

There are two ways to get HB.  If you have a total disability plus at least 60% for an extra and different disability you can get statutory HB.  The other way is to actually be unable to leave your home.   A DX of Panic

disorder w/Agoraphobia would meet that criteria IMO.  In my own case I had TDIU P&T effective 8/2001 and about 8 years later I got an extra 60% for an AO condition.  I filed a claim for HB and the VA called a CUE on themselves and granted HB.   If you have scheduler 100% the VA is supposed to consider you for HB.  The VA's  new trick is to say they considered you  for the benefit and then denied it.  I would file a claim for HB due to the fact I am substantially confined to my home because of the Agoraphobia.
 

Yeah john999 that's what I thought when I heard about SMC HB a month or so ago. When I got my rating back in 2012 I was glad it was over because what I went thru to get it and wasn't informed that me being housebound has some other type of compensation. Not being greedy or nothing but it's difficult not being able to get out and enjoy yourself without being in fear of being out. My VSO looked at me like you're here then they won't give you HB, but I told him look up Agoraphobia and tell me what it means to you. So at this point I don't know what to do, the consensus seems to be don't rock the boat. I think my medical records speaks for itself and I should be fine. I'm being treated for severe migraines and a nexus have been established between them and my anxiety disorder. I wonder if I have to file a claim I might as well put in that in too secondary to my MH. Based on my records getting the highest rating looks pretty good and that would give me statutory HB anyway along with my other SC'd ratings. Thanks for your reply.

Share this post


Link to post
Share on other sites
  • 0

I agree with john999

John, Elder broncovet Member & Forum Maintainer 

Mention also that anytime a Veteran receives a TDIU P&T Award  The rater is suppose to invite the HB-S  As a statutory rating.(lot of times they either forget or just to lazy to give it to the Veteran) jmo

They never inferred mine H.B. -S   for me back then...Maybe  this was not a regulation back in 2002?

Anyway I did like you I had other S.C. Disability at 70% separate from my TDIU P&T Award  and they did infer the H.B. -S  as a statutory rating.

 

 Just to throw this part in,

Also the SMC K is a non rating disability  but its S.C. at 0% but pays an additional 103 per month mixed in with all the other disability' payments.

Share this post


Link to post
Share on other sites
  • 0
1 hour ago, Buck52 said:

I agree with john999

John, Elder broncovet Member & Forum Maintainer 

Mention also that anytime a Veteran receives a TDIU P&T Award  The rater is suppose to invite the HB-S  As a statutory rating.(lot of times they either forget or just to lazy to give it to the Veteran) jmo

They never inferred mine H.B. -S   for me back then...Maybe  this was not a regulation back in 2002?

Anyway I did like you I had other S.C. Disability at 70% separate from my TDIU P&T Award  and they did infer the H.B. -S  as a statutory rating.

 

 Just to throw this part in,

Also the SMC K is a non rating disability  but its S.C. at 0% but pays an additional 103 per month mixed in with all the other disability' payments.

Buck52 I think based on my award letter, the VA looked at SMC since I was being rated at 100% but only on a statutory level cause they mentioned it but not the HB "in fact" based on severity and/or condition since they didn't mention it I would guess. Since I have been researching cases and VA laws on SMC HB I've seen all different variations of how it is entitled of than the statutory way. The VA says "substantially confined" whereas Congress says "unable to earn a income". I've look over the M21-1 and it seems they've been updated it and I noticed this today. 

A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premises in order to earn any income.  However, it does not require a total inability to leave the place of residence and immediate premises for all circumstances.  Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran is not substantially confined for purposes of SMC housebound benefits.  The limitations must be the result of the Veteran’s SC disabilities.
 
Non-medical indicators of housebound status may include but are not limited to
  • inability to walk substantial distances
  • leaving the home with assistance only occasionally for
    • appointments
    • grocery shopping, or
    • church, or
  • inability to mow one’s lawn. 

Share this post


Link to post
Share on other sites
  • 0

 Yes they  updated it some times  in 2016?

..as I understand the M 21-1

 there suppose to infer it  when you can't leave home for work....notice the word ''WORK''  House Bound Infact

Also if this sentence is in your award letter '' Disability is Permanent  in Nature''

It don't mean you can't leave home for appointments or buy groceries ect,,ect,,

but yes SMC is based off the severity of the disability or disability's...this is why the SMC has a special rating table  for S -Q  to R.T1

There are no claims for SMC  b/c  it's always Inferred by severity of the disability or by a statutory rating.

The IU rating and get the SMC -S is a new one on me for SMC- S H.B.

Edited by Buck52

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines