Heard Back From Ro After Emailing Ms Hickey About Smc-S

[glider222]

I sent an email to Ms Hickey yesterday outlining my disabilities which meet the 100% IU, P&t + 60, back to 9/24/2002.

I received an email at 430 pm from Ms Hickey's office saying they contacted my RO, in Maine to look into it.

I just received an email from the director stating that when I was awarded back in 2003 they did not over look it as it was before Bradley vs Peake. If I wanted to claim SMC s to fill out the attached 526ez form and send it with pertinent private med records.

Isn't this supposed to be inferred and why would I send private med records? How should I proceed?

[broncovet]

Yes, it is "supposed" to be inferred, but dont count on it.

There are 2 SMC "s".

One is if you meet the criteria under Bradley vs Peake, that is, "100 plus 60". The other is "housebound in fact".

For HIF you often need a C and P exam. The VA loves to order C and P exams and then "forgets" to include Bradley vs Peake, but instead denies based upon an unfavorable C and P exam.

I recommend you only send private medical records if they are favorable to be awarding SMC S.

To proceed, you have no choice but to comply with the RO directive, send in the form and wait.

[glider222]

Ok Broncovet, I will send in the 526ez. But I am not sending in medical records as I am filing for SMC S not housebound.

It just pisses me off to no end. I wanted to avoid what looks like a claim, that should be inferred. If they grant this under Peake, can I then NOD it for an earlier effective date?

[Tbird]

Bradley v Peake

Full Text 38 CFR 3.50

(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.

[glider222]

Thank you Tbird

[broncovet]

Yes. SMC S = Housebound. As I explained, there are 2 ways to get it. If you do get awarded SMC S, then you can appeal the effective date.

The VARO did the same thing to me! I attended their C and P and they denied it. It is frustrating, when we think VA knows their own regulations and they dont.

[Buck52]

Could a veteran get something rated secondary to his SC Disability if he is T&P TDIU?

Say for instance Depression from his total single disability.

at 90% SC looks like he could? but I am not sure if his depression has to be SC? If so how would he do that? to get SMC if he does get a 60% rating for depression?

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