Smc Awarded This Board Is Unbelievable!

[rootbeer22]

Congrats......good to see progress for a Vet...and I agree that the help on this board is a deciding factor in many Vets cases, having Vets help Vets...can't get much better....it offsets some of the "shinanigans" that happend with the claims process sometimes...knowledge is truly power......& empowering others is a great tthing...good luck and godspeed...

Edited June 15, 2015 by rootbeer22

[Fat]

Congrats.............

[bigwillienc]

I emailed him on 6/1/2015. Below is the email that I sent him. I got some of the text from this board and kinda added my own.

I am rated at 100% P&T. I have the following ratings:

100% -Asthma (Effective Date: 10/08/2008)

30% - Skin disorder (Effective Date: 05/11/2007)

10% - rt knee (Effective Date: 07/14/1992)

10 % - left knee (Effective Date: 07/14/1992)

10 % -right 5th finger injury (Effective Date: 07/14/1992)

10% - onychomycosis and tinea pedis (Effective Date: 03/06/2007)

10% -tinnitus (Effective Date: 05/11/2007)



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).


In reference to VA letter dated June 2, 2008, service connection was granted with a percent assigned of 100% for "Asthma", I AGREE with the rating, and REQUEST the required CONSIDERATION of an INFERRED ISSUE. I refer to the issue of SMC-S, Statutory.

Based on the evidence I believe I meet the criteria for SMC-S and request that since that I be awarded SMC-S retroactive to my original 100% award date of June 2, 2008.

[Berta]

question Big Willie

"Once again thanks to everyone, I'm proof that you qualify for SMC (s) if you have a 100% disability and other disabilities that are combine to equal 60% or more. Don't let anyone tell you otherwise, I actually received a call from a VA representative on the past Saturday to inform me. Also, it has been updated in my ebenefits portal. THANKS!!"

Are you saying that VA added up and got 60% combined for SMC or is this in fact a SMC S award specifically for being Housebound????

Thanks.

[broncovet]

Congratulations.

According to what you posted, you are eligbile for "housebound" NSC. Unfortunately, NSC housebound is non compensable and you wont get retro. You see, Veterans are not eligible for Compensation and pension, but get the greater of the 2.

It is likely that one or more of your ratings are NSC...for pension purposes.

I had the same thing happen to me...I got "housebound" for pension and no compensation. If, however, all those listed are service connected, then you should get smc s, as these combine to 100 plus an additional 60 percent for statuatory housebound (SMC S).

The VA lists disability percentages for both SC and NSC issues..at least they do for me, as I got NSC pension in the past.

Edited June 16, 2015 by broncovet

[Berta]

I thought he meant he sent this and was awarded under the statutory SMC regulations.:

That is how I won my initial SMC CUE claim....2012 award on a Cued 1998 decision.

VA had enough evidence to consider SMC but their "lack of consideration" was where the Cue was. I know once they considered SMC, the award would come.

In reference to VA letter dated June 2, 2008, service connection was granted with a percent assigned of 100% for "Asthma", I AGREE with the rating, and REQUEST the required CONSIDERATION of an INFERRED ISSUE. I refer to the issue of SMC-S, Statutory.

Based on the evidence I believe I meet the criteria for SMC-S and request that since that I be awarded SMC-S retroactive to my original 100% award date of June 2, 2008.

Edited June 16, 2015 by Berta