ptsd Explain the SMC requirement

[Vync]

Hey Bergie,
If it was simple, like SMC-K, everyone would be able to grasp it within a few reads. I'm still not totally convinced that I have a solid grasp on it either. The VA could have done a better job clarifying it. If they would have added some "real world" examples, it could make a big difference.

[jbasser]

Bergie, If you have a few minutes, listen to this. It is a good Explanation of smc S

http://www.blogtalkradio.com/haditcom/2015/11/05/haditcom-blog-talk-radio-show-wednesday-110415-700-pm-eastern-asknod

[Chuck75]

Let me expand my comment. In this thread alone, I see several errors just in the participants who contributed. To begin with, to understand this as clearly as possible, let's turn it into "Buckwheat speak" to get rid of the CFR junk that often clogs up understanding. Mr. James Buie's case in 2011 is the best one ever documented and is the most cited to when Vets claim SMC S. Ken Carpenter knocked this one out of the park. VA was not gonna go quietly into the night on SMC S so it took a unique set of circumstances -a confluence of events if you will- that could create the perfect SMC Storm.

 https://asknod.wordpress.com/2011/09/27/cavc-buie-5-v-shinseki-0-2011/

Watch how he slowly builds up to SMC S. At the end, to qualify, Buie rearranged the order in which he received them. Another thing I wish to clarify. A secondary condition to a primary rated one is not inferior. If you have PTSD or MDD secondary to losing your hearing from a IED, it is just as important in counting to qualify for SMC.  I am rated 100% schedular for hepatitis and 100% schedular for porphyria, secondary to the hepatitis. Either one can be the predicate to serve as the base 100% for the first SMC S requirement-i.e. that you have at least a 100% rating. See? It doesn't have to be 100% schedular. A TDIU rating is 100% for rating purposes.  Likewise,Buck, your 70% for PTSD stands alone as the predicate for your TDIU-again the 100% base for SMC S. You do not need to add to it to make a combined rating of 100% to qualify for the first part.  You are TDIU solely on the 70% PTSD.

Alternatively, if f you have one rating of at least 40% and others that will take you to 70%, then they are the predicate for TDIU paid at 100%. This is important for you Navy04. You have enough to qualify for TDIU BUT ALSO have enough separate and distinct disabilities that combine (with VA math) to qualify you for SMC S.

VA is required to tell you which of your disabilities (if you have less than a single 60% disability to qualify for TDIU) that they are using to grant your TDIU. If Navy04 has a 70% PTSD rating, that alone qualifies for the TDIU all by itself. Everything else is the gravy for the SMC S. All he needs is the 50% and a 10% to make 55% which rounds up to the magical 60% extra for SMC S. If anything, Navy 04 has way more than he needs to get there. VSOs  do not have any idea how this works and VA will not tell you. You have to fight for it. I have had many DROs tell me the party stops at 100% and there's no more money on the table.

Never think it cannot be done. Never quit asking questions but always try to seek the answer with the available resources first. If the regs do not answer the question, go further afield and research it. The good thing here is Navy 04 will get his SMC S entitlement from the day he can prove he had the required ratings to qualify-not the day he applies for it. 

Navy zero 4 is cleared in hot. Weapons are free, gentlemen. Make it count.

That's a far more concise and clear explanation than I could come up with!

Congratulations are in order! This deserves to be somehow flagged as a must read for those involved with SMC claims.

As far as I can tell, moving beyond SMC-S (or SMC-S-1 as it's occasionally referred to, with the last number somehow related to the SMC table?) is often a matter of VA subjective judgment, and I shudder to think of how the VA can screw that up! Certainly, there are cut and dried examples, but they cover very limited circumstances.  It's also worthy of note that the VA has a record of ignoring SMC-S entitlement, until a veteran complains. The initial VA response to the complaint, as I experienced it, was to tell the veteran to file an appeal, just further delaying resolution. This may be a situation that benefits from the "call/email "bob" option.  (It certainly helped in my case!)    

[Buck52]

I agree with jbasser and Bergie

I like ready all these post no matter how many times the questions come up  that's how I learn &I  appreciate any hadit member for the help they give out.  &lots on information can be heard on Jbasser and jerrel Cooks Hadit radio show  get ya a pen or pencil and write down the great information they have on ther shows and if your able to hear well you can call in ask your questions.

I had a question about SMC's...I think we all agree about what % it take us to get there

100%plus 60%  or TDIU P&T With an extra 60% added in

 

ok here is a question...My disability's are Loss of Hearing with Tinnitus and PTSD/PTSD has not been approved or Service connected yet  I'm working on that at present.

Alright  beings I am TDIU P&T for the Hearing loss and say I get 70% for PTSD

That should quailfy me for SMC's HouseBound because I very seldom leave the house other than VA Appointments...now heres the Kicker VA trys to deny with

they say if you can go to the VAMC for Appointments  then your not house bound and deny's the claim but yet you are 160%plus service connected with multi disabilitys.

I do not like to be around people no matter who it is even my children and realtives and friends alike

I go to my appointments but its hard but I need my medications  that's my only reason to get out of the house.

 

HouseBound should work for the mental impaired as well as the physical Impaired  Right??

VA just sees the physical parts.

 

So on behave of Bergie & all the rest of us veterans...whats a veteran to do with  a high rating of PTSD 60 or 70% that does qualify for HouseBound  and is denied  simply for the fact that VA says he can/she can get out of his house for Dr's Appoinments then all of a sudden your not HB?...this has been there way to deny a veterans for years.

Its not fair in my opinion.

 

Sorry Bergie  I did not intentionally hi-jack your thread.

 

.........Buck

[Chuck75]

"heres the Kicker VA trys to deny with

they say if you can go to the VAMC for Appointments  then your not house bound and deny's the claim but yet you are 160%plus service connected with multi disability's."

 

Actually the courts ruled that statutory housebound exists when you cannot leave the house for/to work.

The VA is failing to recognize the difference between the two, and the levels of preparation needed when it uses this sort of rationale.

But, it does seem reasonable on the surface to do so, creating a situation that the VA can take advantage of.

Further, the VA has been known to fail to comply with the law/regs concerning SMC consideration.

[bionoce]

If you cannot leave your house to work because you are TDIU, you are housebound and "substantially confined" to your immediate premises as defined by Congress. Plain and simple.