slowhand197 Posted August 15, 2007 Share Posted August 15, 2007 can a veteran with 100% for one disability and a combination of 70% for a few other disabilities get SMC-S. Are there any other requirements or is it automatic? Thanks Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted August 15, 2007 HadIt.com Elder Share Posted August 15, 2007 Its supposed to be automatic but you know the VA. Link to comment Share on other sites More sharing options...
Berta Posted August 15, 2007 Share Posted August 15, 2007 (edited) With one SC at 100% the additional disabilities must have one rated at 60% or more (service connected) SMC "S" is also the Housebound award. The Housebound award is determined if the veteran has one single 100% SC disability and then falls into the housebound criteria. HB criteria: 1.the veteran is substantially confined to their dwelling due to a SC disability. 2.It is reasonable certain that the disability will continue throughout their lifetime. A veteran with documented agoraphobia for example and 100% SC for PTSD would fall into the housebound status. Any vet who feels they should be awarded HB should file a claim for it if they have a 100% SC disability. I had a vet in a panic one day because he not only has SMC for severe agoraphobia but he developed claustrophobia too- It pays to study housebound claims at the BVA to see what evidence can prove the housebound status. The comp is the same as the SMC S for 100% plus 60%. Edited August 15, 2007 by Berta Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted August 15, 2007 HadIt.com Elder Share Posted August 15, 2007 I got it 4 months after I applied for it. Oops, I guess the VA knew that they screwed up. I appealed it in April and asked for a DRO Hearing and have not heard a peep. I want the VA to pay retro back to the date I was awarded 100% which would be November 1993 or even better back to the original date I filed June 1991 and was awarded SSD effective March 1991. We will see what happens there is a lot of money on the table. Link to comment Share on other sites More sharing options...
slowhand197 Posted August 15, 2007 Author Share Posted August 15, 2007 Pete, I hope you win and get what they owe you. there are too many of us that get screwed Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted August 15, 2007 HadIt.com Elder Share Posted August 15, 2007 I called 1 800 827 1000 and after a 15 minute wait to get an operator I was connected to a VARO Counselor who informed me that I would have to wait at least a year to have my DRO Hearing. A light bulb went off the VA is stacking Appeals and concentrating on getting initial claims out. I asked him if I was spinning my wheels and told him what my argument was and a miracle happened. He told me he was not a rator but that he checked something he had and said I had a strong claim. In other words the VA should have considered Housebound when I got the initial award and that my asking for it has set the machinery in motion. Link to comment Share on other sites More sharing options...
Big Papa Posted August 19, 2007 Share Posted August 19, 2007 (edited) can a veteran with 100% for one disability and a combination of 70% for a few other disabilities get SMC-S. Are there any other requirements or is it automatic? Thanks Yes, it is automatic. Pursuant title 38 CFR PT. 3 §3.350 (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service- connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems Note, the regulation states is payable where the veteran... . In my experience as a VSO all claims meeting the above referenced criteria by law [38 U.S.C. 1114(s) ] has to be granted. The word total in VA language is 100% B) Edited August 19, 2007 by Big Papa Link to comment Share on other sites More sharing options...
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slowhand197
can a veteran with 100% for one disability and a combination of 70% for a few other disabilities get SMC-S. Are there any other requirements or is it automatic?
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