I'm I Smc (S) Eligible

[bigwillienc]

I contacted a VA attorney to see if I qualified for smc (s). He replied with the following: As for SMC(s), you will need a 100% rating and a separate 60% rating (for a single condition different from the 100% rating). Unfortunately, we can't add other ratings to get the combined 60 for SMC(s).

Here is my story. I've been 100% P&T since 2008. My ratings are below

100% -Asthma
30% - Skin disorder
10% - rt knee
10 % - left knee
10 % -right 5th finger injury
10% - onychomycosis and tinea pedis
10% -tinnitus
I believe I qualify for smc (s) from what I've read and researched. Please advise if I'm wrong. My asthma is permanent in nature and will not improve per VA. I was awarded the 30% back in 2008, this combine with my other disabilities equal 60%. Here are the questions that I have:

1. Do I qualify of smc (s)

2.Will I have to submit a new claim? I don't want to cause my 10 year mark is coming up.

3.Will I receive backpay, going back to 2008?

Thanks

[jbasser]

30 plus 5 10's equal 58 percent and some pennies. Yes you do qualify for SMC S and you have a cue claim.

Let the RO know that you meet SMC S criteria.

I bet they knew this the day they rated you.

Basser

[Buck52]

I agree with John,

get what you deserve Bud you should have been awarded back in 2008 when they granted the 30% & and it tip your rating up to 60% it was then they should have mention to you ....>you were eligible for the smc and heck yes you will get some retro!

I'd file for it and mention possible CUE if they denied you then Appeal as a CUE.

I don't much think they will bother you about your almost 10 years you have past the 5 year mark.

jmo (just my opinion)

..............Buck

[broncovet]

I thought I answered this once..maybe not. Your attorney is wrong.

ONLY THE SINGLE 100% "cannot be combined". The 60 percent portion of statutory housbound can be disability OR disabilities (plural form is in regulations).

Source for below: M21-1MR, Part V, Subpart iii, Chapter 2, Section A

2. Overview of Requirements for Housebound Status Under 38 CFR 3.351, Continued

b. Determining a Veteran’s Housebound Status

Veterans eligible for disability pension qualify for nonservice-connected (NSC) Housebound status if they

• have a single permanent disability rated 100 percent under a schedular evaluation, and

• have other disabilities independently ratable at 60 percent or more, or

• are permanently housebound by reason of their disabilities, per 38 CFR 3.351(d), or

• qualify under Hartness v. Nicholson (2006) when pension was granted based on the veteran's being age 65 or older.

Notes:

• In NSC claims, the single 100-percent disability and the disability that causes the veteran to be housebound must be permanent.

• A finding of Housebound in this manner is sometimes referred to as “statutory housebound” because it is required by 38 U.S.C. 1521(e).

Reference: For more information on adjudicating special monthly pension (SMP) cases where the veteran is 65 or older, see Fast Letter 06-28.

[Pete53]

There is another way to get the SMC (S) award and that is second part of the criteria not mentioned by the Lawyer. I got it cause I was diagnosed by VA with Agoraphobia and 100%. You would be surprised how many miss out cause of people not reading the entire regulation. Many who suffer from PTSD and Anxiety also would qualify for S award.

[Gastone]

As always, file the claim, see if it sticks. What have you got to lose? Establish your claim date, let the VA Rating Dept figure it out.

I trust, you do have medical evidence to back up the claim, right? I think you need a VA or Private Drs opinion regarding your DXs and how they relate to the SMC (S). My lay opinion is your other SCs really don't get you any SMC consideration, could be wrong, FILE THE CLAIM.

As for back pay, if you haven't filed a claim and or are on appeal, can't see where any Retro back to any date would come into play.

A little or a lot of clarification and opinion from "Ask Nod" regarding your situation, would be helpful.

Semper Fi

Gastone.