tdiu Pete, Jbasser And Crew, I Found The Regs On Tdiu For Smc S1 And S2

[dav_marine72]

Hi All,

I posted a few days back about being TDIU P&T and getting entitlement to SMC S2 based on a single 100% service connection and being housebound. I received S1 while on convelescent leave because my back was 100% temp. Once I came off the temp and was rated TDIU bye bye SMC. The Veterans Benefit Manual (thank the Lord for ebay) that I have alerted me to a side not stating that TDIU is a basis for SMC entitlement. I looked though the regs it pointed to for days unable to find any language pointing directly to TDIU so I wouldn't need to have this sent to the BVA because the VARO certainly doesn't know about it or didn't want to give it. Anyway what I needed I found in VA Gen. Coun. Prec. 2-94 (Feb. 2, 1994). Although this precedent was written to establish SMC entitlement for convelscent leave it did drop this very wonderful statement:

This is under comment 7.

“ We find nothing in the language of section 1114 (s) to indicate that Congress meant to exclude service-connected disabilities rated as total under 38 C.F.R. 4.28, 4.29, or 4.30. (Although it is not the question before us, we also find nothing in the language of section 1114 (s) to indicate that Congress meant to exclude service-connected disabilities rated as total under C.F.R. 4.16, i.e, a total rating based on individual unemployability.)

Stick that one in your pipe and smoke it VARO!!!!!!!!!!!!

[dav_marine72]

Hi Berta,

Thanks for the case I'll reference that as well.

[john999]

How do you apply for housebound? Do you just do a letter to the VA and ask for it. Due to my damn feet I am pretty HB. I have PN in all four limbs so that should help with the HB I guess, plus chronic pain disorder all SC. I hate to have another C&P exam since I got my IU P&T, but I am pretty much housebound.

[Vync]

Thanks Pete and Teac,

I'm going to submit based on what I found and see what happens. I guess I will be able to you my outcome in say 1-10 years. LOL. Sounds like a prison sentence doesn't it. Thanks everyone.

Hey dav_marine72

That's 1-10 with good behavior. ;)

Good luck to everyone with their appeals.

[Berta]

John -I think the VBM has a tem,plate for a housebound claim in their SMC section.