Special Monthly Compensation At The Statutory Housebound Rate

[WAC-Vet75]

Just to note..... If, ratings in excess of 100%, are to be added, as I and other believe to be so, and not combined, I would venture to say that the bilateral factor could not be used. The bilateral factor is used in connection with the combined evaluation rating, and would not be considered "independently ratable".

The BVA has ruled for SMC using addition, as oppose to combined evaluation rating, and also used combined evaluation rating..... I believe the BVA has not been directly challenged on this law/regulation.

I am presently waiting for claims to be rated (in rating since Dec), then I will be challenging the interpretation of the law. I should have been house-bound since 1993, and additional 60% (50% for half step), since 1997, not including my present claims. I believe PR already has his claim in, challenging the interpretation.

[Philip Rogers]

WAC-Vet75 - Mine was recently denied and has just been received, again, at the BVA, as part of a previous remand, where it's, according to the BVA's recent letter, being treated in a expeditious manner because it's been previously remanded. As I recall, I have two 100% ratings (PTSD 100% + PTSD w/alcoholism 100%), plus a 20% for DMII, two 10%'s for PN in legs w/bilateral factor, 10% for hypertension and 10% for tinnitus. We'll see what happens. This week, I'll send an additional statement explaining to the BVA where I feel the RO screwed up and waive any additional review of evidence by the RO. My current claim is twofold: The first is an appeal of a housebound claim from 1989 w/the "s" claim being an inferred issue and the second is them adding my new CUE claim for an "s" award, based on the 100% + 60% ratings. The RO has combined them which, in itself, is an error. Again, we'll see what happens? I will go to the CAVC w/it, if necessary. It's already been to the CAVC, where, if you recall, my atty won a remand on the 1989 housebound issue. They keep denying it because I'm able to attend my VA appointments and the C&P doctors won't speculate as to whether my SC disability(PTSD) interfered w/my ability to leave the house, to go to work. (which the CAVC requested in the remand)

pr

Just to note..... If, ratings in excess of 100%, are to be added, as I and other believe to be so, and not combined, I would venture to say that the bilateral factor could not be used. The bilateral factor is used in connection with the combined evaluation rating, and would not be considered "independently ratable".

The BVA has ruled for SMC using addition, as oppose to combined evaluation rating, and also used combined evaluation rating..... I believe the BVA has not been directly challenged on this law/regulation.

I am presently waiting for claims to be rated (in rating since Dec), then I will be challenging the interpretation of the law. I should have been house-bound since 1993, and additional 60% (50% for half step), since 1997, not including my present claims. I believe PR already has his claim in, challenging the interpretation.

Edited May 29, 2011 by Philip Rogers

[jbasser]

I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks!

pr

Your Correct PR. The VA should look at the effective date. The date you are entitled to is the date.

Basser

[john999]

The "S" award should be retro to the date you first met the total plus 60%. I claimed "S" in 2010 and got it retro to 2008 when I went to TDIU+ 60%. I know there is a question about if I had been total+ 60% in 2005 would I have got retro to 2005? I think I should since no new law was written only reinterpretation of old law. If VA is going to say that any vet who can make it to appointments is not HB then someone should sue them for not providing complete home care for every single one of those vets. If we are housebound the VA should be sending doctors and portable MRI and CT machine to our houses if this is the standard they set. I should have a nurse living with us to help me onto the toilet.

[WAC-Vet75]

PR, I will also be going for an inferred claim for my s, back to 93. Wish I would have known more about such things then, as I would have NOD'd right away. It's fortunate, for our younger comrades, that we have gone through all of this, as we should be a help to them getting what we had to fight so hard for!

I am most curious as to the VA's reasoning for trying to combine ratings after the 100%.

Here is a very interesting read http://www.va.gov/op..._Lit_Review.pdf page 55 states, "The legislative history for this law does not explicitly state a rationale for the extra awards. Although one might infer that the extra awards are to compensate for loss in quality of life, without a clear statement of Congress' intent, this is speculation." It is clear that Congress specifically stated, "independently ratable", as oppose to "combined evaluation rating of..."!

Basic disability ratings are rated from 0%-100%, and are subject to the combined rating evaluation, as the pdf explains. Under the VA's present system, unless you have one, single, disability rated at 100%, the highest rating a Veteran can receive is 100%, no matter how many disabilities, or percentages given. Even with TDIU, the VA continues to combine all the ratings. As an example, a Vet with 40% PTSD, 40% hearing loss, 40% left knee, 40% right knee (bilateral factor added), 40% right hand, 40% left hand (bilateral factor added), 40% DDD, would still only be 100% combined! The highest disability rating a Veteran can be awarded is 100%. SMC is SPECIAL MONTHLY COMPENSATION, not basic compensation, and should not fall under the same combined evaluation rating as basic compensation.

PR, I don't know if I asked this question before, but when you talk to the VA, do they state your percentage as 100%, 200%, or a combined rating of 100%? I wonder how they state the percentage of those with SMC......

Edited May 29, 2011 by WAC-Vet75

[john999]

I would like to see where VA has inferred a potential right to SMC "S" for any 100% mentally disabled vet. Do they discuss in anyone's claim here that they considered "S" for 100% vet?