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bionoce

SMC (S) Confused

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I'm rated 70% TDIU P&T for PTSD with MDD, no future exams, and cannot leave my apartment to work a 40 hour week. Or work, period. Trying to read into all these interpretations of what "substantially confined" means is confusing. What do I need to submit for this SMC "S", or am I not eligible? If I am eligible how do you request this, is it a claim? Or do you just write a letter? Thanks.

Edited by bionoce

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Or, look at it from the standpoint that the reason you are housebound is that being TDIU is the very cause of your being home. Read this very very carefully and I think you can make the case for SMC S. The VA is bound by 38 USC. They can regurgitate it any which way they want to into 38 CFR but the CAVC made a precedental decision eight years ago that contradicts what 38 CFR 3.350(i) purports to call the true definition of housebound.

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

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The obvious answer is for you to apply for tdiu and whatever else, along with SMC S, if you "cannot work".  I fully understand, tho, why people dont apply for benefits, understanding that it is a 10 year project for most of us.  I have been at it 13 years, and I probably have several more years to go.  Im also seeking SMC S.   I dont know how many dependents you have, but you may bring home more with NSC pension with SMP housebound, which is easier to get. (Much easier.  I get SMP housebound, but am 100% so I collect 0 for housebound)  NSC Pension with SMP housebound is 1642 per month if you have no other income, with one dependent.  

before i got IU, i was getting NSC pension A&A. i'm single and i know the current rate is $1788 a month. don't remember what i was collecting in november 2011 before my status changed.

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Or, look at it from the standpoint that the reason you are housebound is that being TDIU is the very cause of your being home. Read this very very carefully and I think you can make the case for SMC S. The VA is bound by 38 USC. They can regurgitate it any which way they want to into 38 CFR but the CAVC made a precedental decision eight years ago that contradicts what 38 CFR 3.350(i) purports to call the true definition of housebound.

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

alright, so I'll make a request for SMC (s) housebound based on my TDIU for PTSD and am substantially confined to my premises due to the fact that I cannot leave to work? Is that how I should word that?

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Ok from what I've read and understand, your disabilities just have to preclude you from maintaining a substantial gainful activity. I was kind of confused on this as well. You know with P&T, TDIU, or IU, its hard to maintain a good clear picture of what substantial gainful activity means.   AskNod gives a pretty good definition. " housebound"  In my case it will be a little complicated, however, it won't be as long as I keep stating that my service connected disabilities hinder my keeping  substantially gainfully employement. The fact that I have hand injuries and an immune problem adds to the fact but again most of my issues are service related conditions and how they affect my employment.  Although I think because of my age, getting this benefit will not be a cake walk. lf I am misunderstanding please jump in as this issue will be playing a big role in my claims and may be the situation for other Veterans.  This is just my take on this.

 

 

Edited by ArNG11

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SMC S can also be a mandatory award. The legalese is 100% single SC'd condition and an additional 60%. The 60%, unlike some contend, does not have to be from a single additional condition.

The single 100% means that "VA Math" starts over when the additional conditions are tabulated. It also can be argued that once the 60% is attained, and SMC S awarded, VA Math should start over again for any remaining conditions. (Fat chance on getting the VA to do this without a fight!)

Failure to consider & award SMC S (seemingly  a frequent VARO "mistake") can be a "CUE", since the VA did not follow the law and regs, and caused a financial "loss" of a benefit that the veteran is entitled to. 

A question might be related to duplication of benefits or a higher level of SMC, when a veteran cannot leave the house for "work" (gainful employment), and is also entitled to S due to the 100% + 60% reg/law.

Edited by Chuck75
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Hold the phone though as I have learned the hard way, they, the VA are suppose to consider this and while they may say they have and do list evidence doesn't mean it was in front of the rater making the determination and decision at the time.  The first time I was denied IU, I hate to say this but the VA was right in denying me that since I was still employed, having trouble yes, but I think I surpassed the gainfully employed margin by quite a bit now since I am no longer working. Now what I'm not I'm curious about whether the VA can validate the denial because there are other non service connected issues at play.

I am thinking a CUE can play a part in this scenario but would it not be better to go the old fashioned way on this? Just by going after the reg that they have to consider this benefit when non employment status is involved? and because it is mostly service connected issues causing such circumstance?

 

Edited by ArNG11

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