jbasser

The Best Explanation Of Smc From Asknod.

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Asknod dose have a very nice web site..

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Thank You

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I certainly agree about Asknod and his website on SMC. However, also on A/N's website is this gem:

https://asknod.wordpress.com/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

If you are 100 percent you should read this. Howell vs Nicholson changes everything. Here is why:

You see, the VA had a nasty habit of scheduling Veterans seeking HOUSEBOUND for a C and P exam. If they showed up, this means they were not housebound, and it was denied. Howell changed all that, as follows:

Because the meaning of the term “substantially confined” is ambiguous and there is no regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s obligation” thereunder. Thompson v. Brown, 8 Vet.App. 169, 175 (1995); see also Jackson and Cropper, both supra. The Secretary submits that the clear implication of this term is that the requirement that one be “substantially confined” is met when the
claimant is restricted to his house except for medical treatment purposes. The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.
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The fact that a veteran can't leave his place to work is sufficient for SMC "s"?

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The fact that a veteran can't leave his place to work is sufficient for SMC "s"?

SMC S is most commonly awarded when a veteran meets the 100% + 60% criteria.

It's possible to have SMC awarded for other reasons as well. The authorizing language is a bit loose,

and if the RO felt that it was appropriate, should forward the claim to the "central office" for a decision.

Even though a veteran may not have the necessary SC'd percentages,

SMC can be awarded. I'm not saying that it happens very often.

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