Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

carlie

In Memoriam
  • Posts

    13,767
  • Joined

  • Days Won

    2

Community Answers

  1. carlie's post in Idea On Rating? was marked as the answer   
    vet201060.

    1) Be careful - I noticed the doc marked
    "[X] Persistent danger of hurting self or others"
    in my part of the country they use this to Baker Act you into the mental ward.

    2) I'm pretty sure you have a separate SC'd condition other than mental health
    because your profile here states SC'd at 80 % and mental health does not have
    an evaluation level of 80 %.
    Regardless of that - it looks good to go for 100%, but you never really know
    until you receive an official rating decision and cash in the bank.

    ​It is also possible that you could receive SMC/S per the agoraphobia, maybe you will even
    meet the criteria for house bound in fact per the regs.
    This is an additional benefit of somewhere around $300.00 per month.
    Below is additional information on SMC/S.
    jmho

    SMC / S compensates about an additional $300.00 per month.

    "The special monthly compensation provided by 38 U.S.C.A. § 1114 (s) is payable where the Veteran has a single service-connected disability rated as total (100 percent) and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, separate and distinct and involving different anatomical segments or bodily systems, or (2) is permanently housebound by reason of service-connected disability or disabilities. See 38 U.S.C.A. § 1114(s) (West Supp. 2011); 38 C.F.R. § 3.350(i) (2011)." http://www.va.gov/vetapp12/Files4/1226846.txt
    ---------------------------
    "Housebound Benefits

    Special monthly compensation benefits by reason of being housebound are payable if the Veteran has a single permanent disability rated 100 percent disabling, and has either (1) additional service-connected disability or disabilities independently ratable at 60 percent or more, or (2) is "permanently housebound" by reason of service-connected disability or disabilities. 38 U.S.C.A. § 1114(s); 38 C.F.R. § 3.350(i). The disabilities independently ratable at 60 percent or more must be separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems. 38 C.F.R. § 3.350(i)(1).

    Subsection 1114(s) for housebound benefits requires that a disabled Veteran whose disability level is determined by the ratings schedule must have at least one disability that is rated at 100 percent in order to qualify for the special monthly compensation provided by that statute. Under the law, subsection 1114(s) benefits are not available to a Veteran whose 100 percent disability rating is based on multiple disabilities, none of which is rated at 100 percent disabling.

    Regardless, the Court has held that 38 U.S.C. § 1114(s) for housebound benefits does not limit "a service-connected disability rated as total" to only a schedular rating of 100 percent, and that 38 C.F.R. § 3.350(i) permits a TDIU rating based on a single disability to satisfy the statutory requirement of a total rating. Bradley v. Peake, 22 Vet. App. 280, 293 (2008).

    The TDIU rating based on a single disability that satisfies the total (100 percent) rating requirement must be separate and distinct from the additional disability or disabilities independently ratable at 60 percent or more for purposes of housebound benefits. Id. The Bradley decision also declared that the direction to treat multiple disabilities as one under 38 C.F.R. § 4.16(a) was specifically limited to TDIU ratings.

    A TDIU rating based on multiple service-connected disabilities does not satisfy the criteria for one total disability in considering entitlement to housebound benefits under 38 U.S.C.A. § 1114(s). Id. at 290-91." http://www.va.gov/vetapp12/Files5/1235771.txt
×
×
  • Create New...

Important Information

Guidelines and Terms of Use