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broncovet

Howell's Changes To Smc S

Asked by broncovet

Question

broncovet    3,293

broncovet
Posted (edited)

Ask Nod did a good job explaining housebound, SMC S.

In summary, "housebound" in VA speak, means a Veteran can not leave the home FOR WORK. Many Vets seem to think they can not leave their home AT ALL to get housebound.

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

Apparently Mr. Howell was denied SMC S because he showed up for a C and P exam, and the VA concluded he was not "housebound" if he could show up at the VA for an exam!!

This "catch 22" needed a resolution, as this would mean no one could qualifty for SMC S. The VA would order a C and P exam, and, if you failed to show you were denied for failing to show, and if you did show, you were "obviously" not housebound as you left the home to get an exam.

This backfired for VA. Instead of closing the door to SMC S, it opened up the gate, because the court looked back at Congress's Intent:

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.

End of Ask nod quote.

Edited by broncovet
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jesusplay    4

jesusplay
Posted

I'm confused, I am current rated 80% over and soon will be 100% via IU. I get in my car and go to grocery stores early in the mornings once a week to force myself to get out of the house(vs buying food for a months). I sometimes go through drive throughs to get food. I occasionally go shopping at home depot, or lowes, and work on something around the house. When my mood is up I try to volunteer which is rare, like twice this year so far.

Would I be eligible for SMC-S? Being IU already means I cannot hold a job so that's confusing...

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broncovet    3,293

broncovet
Posted

The criteria for housebound (SMC S) are as follows:

1. Statuatory: If you have a single disability at 100% and additional disabilities combining to 60%, you are eligible for SMC S. Bradley vs Peake shows that you CAN meet this criteria with IU.

OR

2. HOUSEBOUND IN FACT: You are "substantially confined" to your home due to SC conditions. (And have medical evidence of same). "Substantially confined" was defined by Howell, above.

I simply do not know if you meet this criteria or not.

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Navy04    714

Navy04
Posted

Thanks for the info BroncoVet. If my current claim goes well, then I am going to submit for this SMC.

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