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

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    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

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slowhand197

Smc=s

Question

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? :huh:

Thanks

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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? :rolleyes:

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 by Big Papa

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Big Papa

Thanks for the cfr info it will come in handy in case the VA forgets to give me the S

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Big PaPa:

Welcome to Hadit. Would that mean that if the VA did not pay until years later that they would be guilty of CUE and have to pay retro to the time Veteran was eligible?

Thanks you made something vague easy to understand.

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Big PaPa:

Welcome to Hadit. Would that mean that if the VA did not pay until years later that they would be guilty of CUE and have to pay retro to the time Veteran was eligible?

Thanks you made something vague easy to understand.

Pete53:

Thank-you for welcoming me.

A clear and unmistakable errors is very specific and the BVA (as-well-as the RO) tend to keep a close eye on.

Essentially a clear and unmistakable error is a result of (gross) oversite by the VA Rating Specialist, DRO or the BVA where the evidence of record needed to grant a claim was overlooked or the regulatory provisions (VA laws, rule and regulations) were not accurately applied.

ie. File an original claim (OC) for x disability and was denied. Re-file years later for x disability with the SAME evidence used in the prior denial and this claim is granted, it is then considered a CUE and retro pay to original date of the (denied ) claim.

In a nut-shell 38 CFR 20.1403 states that if a claim results in an unfavorable decision due to VA overlooking the evidence or erroneously applying VA law will then result in a CUE and only then is retro pay dates to the OC.

Edited by Big Papa

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Thanks PaPa

You said

In a nut-shell 38 CFR 20.1403 states that if a claim results in an unfavorable decision due to VA overlooking the evidence or erroneously applying VA law will then result in a CUE and only then is retro pay dates to the OC.

Last December I requested SMC for Housebound, It was granted and I appealed. In 1996 the VARO had ruled that I was 100% P&T for Panic Disorder. It is true that my health is not as good as it was in 1996. However when I read the regulation it seems that the VA should have considered housebound as the reason I was awarded 100% was due to agoraphobia. Although I am grateful for the SMC award I have always wanted to know why it was not considered in 1996.

If they backdated it the award would go back to 1993. John9999 and I have gone back and forth for years that we should ask for Housebound due to agoraphobia. By the way my SO advised me the Housebound was a loser but gave me the form so that I could file anyway,

I really want you to feel welcome on this Board and I will try to help you have a pleasant time here. I hope that you are aware that some Members have had bad experience with SO's and have a dim view of anyone who is one but over the years we have had some pretty good ones hang out and give some good advice.

I know that sometimes getting good info is not what someone wants to hear but the purpose of this Board is to help Veterans with their claims. Sometimes this involves laying out some bad news.

It is also perfect ably acceptable to disagree and lay out arguments as long as it does not devolve into personal attacks. So hang in there and hopefully stick around cause this Board needs people like you for guidance

Pete

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