Temporary 100% Ratings For Convalescence Covering S/c Disabilities

[lotzaspotz]

Is a temporary convalescence leave paid at the 100% rate considered the same as SMC(s-1), which according to what I'm looking at was awarded for 2.5 months and then discontinued? There's a story with this, but I think that's the root question. I thought convalescence at temporary 100% and SMC (s) were separate animals but maybe I'm wrong.

At the time of convalescence for S/C hernia repair surgery, my husband was rated at 90% and was paid at the 100% rate for 30 days of convalescence and nothing additional above that for SMC (s). And to make things more interesting, the RO supposedly made this award in a rating decision dated October 6, 2014. My husband was rated 30% on that date for IHD presumptive to AO, but by that time was already 100% P&T as a result of subsequent appeals and retroactive awards, and there is no mention of SMC(s-1) anywhere in the October 2014 rating decision.

This was all found under the "Additional Benefits" section of Ebenefits. According to that, he received 2.5 months of SMC(s-1) 5/14/04 -8/1/04. He was only on convalescence leave from his job at the time under FMLA for 30 days, not 2 1/2 months. I have everything on file and there's no mention of SMC(s-1) in either 2004 or 2014 from the RO.

Am I wrong about temporary 100% for convalescence and SMC(s-1) being two different things? Is this a an error merely of record with no real consequence, or are we leaving money on the table that belongs to my husband? That's what I'm trying to figure out, thanks!

[Berta]

These are definitely 2 diffent tuypes of awards.

These are the Temp convalescent regulations:

https://www.law.cornell.edu/cfr/text/38/4.30


This is the SMC S criteria:

"(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,
(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or
(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime."

https://www.law.cornell.edu/cfr/text/38/3.350

How the S works:
Husband had 100% SC PTSD and then 100% 1151 stroke. 1151 also generates SMC if th medical evidence warrants it.

He was granted SMC S under Housebound but they could have granted under 2 independent SC awards,instead.(100% SC plus independent 1151 100%,since it was at 60 % or more )

VA made this award in 2012, 18 years after he died, resulting from a CUE claim I filed.

In supporting HB evidence I sent (because I didnt know if they would award under the 100 plus 60 properly),
the VAMC Van had to pick him up and deliver him to the Day Treatment Program at the VAMC because he could no longer drive.

He could not walk too far beyond our evening sheep pasture ( less then 300 feet from our home)

He could not handle change or bills or even write a check and could not use phones well..

He got lost during the VA PTSD inhouse 21 day hospital program when they took a day trip.

Somehow he managed to call me collect from downtown Buffalo to tell me he was lost. But I asked him to read the closest street sign or store front sign so I could figure out where he was.His stroke had diminished his eyesight and he couldnt read anything and I asked him to ask the passerbys where he was, but no one would help him.

He wasnt even sure how close he was to the VAMC they all had just left.

Suddenly the team leader got on the phone and said dont worry Berta, we found him!

I guess the passerbys of our grateful nation could care less about a vet (in cameos ,patches all over it, and the whole 9 yards, Vietnam cap etc)
who was obviously lost and in distress.

They probably did correctly think he was from (as the vets in his PTSD ward team affectionately called it) the VA Nut House.

BTW all that program is excellent. I have never heard any vet yet complain about the PTSD program in Buffalo. Many came to his military burial, he died not long after that ,and they all loved the Certificates my daughter made them on the PC......Graduates of South East Asia University, with Honors of Dinky Dau, after serving an Honorable year in Hell .

I have never met a PTSD vet yet who was really crazy. The 'world' was crazy when the Vietnam vets came back.

(except some wannabee who didnt get his 100% temp comp for being there, griped about the program)







That type of above evidence might be helpful to someone asking for SMC S.(Housebound)

Edited June 20, 2015 by Berta

[lotzaspotz]

Berta, I think I'll try to go through IRIS on this for starters. This is so weird because we have an appeal pending at the BVA for SMC (s) based on statutory eligibility effective October 2007. We have attorney representation on that one. Plus, the hernia condition noted is service connected at 0% and was recently the subject of a CAVC remand back to the Board this past March. We have attorney representation for that appeal, as well. I'm trying to find out if my husband is owed any retro comp. This is all messed up.