Could I apply for SMC-S, a bit confused after reading

[ChiefSC]

I've read a lot and still confused about SMC-S .  I've recently received 100% (P&T). The VA didn't consider me for SMC-S and I think I should have.  I've read I should apply IU in order to get the SMC-S, but reading this blog is doesn't seem like I have to.  I have been unable to work since August 2013.

PSTD	70
IBS	30
URINE	40
SINUSTIS	30
MIGRAINES	30
KERATIS	20
HEMM	10
RIGHT HIP	10
KNEES	10
LUMBAR	10
HEEL	10
SHOULDER	10
BLOOD	10
BULBAR	10
LEFT HIP	10
CARPAL TUNNEL	10
TINNITUS GERD	10 10

[jbasser]

The 70 40 30 30 30 and 20 equal over 95 percent. That is step one. Now the 12 10 percent ratings add up to another 70 percent or more so should you be receiving SMC S statuatory. 100 plus 60 rule.?

If the VA looks at it like this then maybe. But they rely on the single 100 percent plus additional 60 percent ratings.

It would not hurt to ask.

 

Basser

[Tbird]

you do not need to be iu to receive smc s. 

[broncovet]

There are "2" ways to get to SMC S.

1.  The oft mentioned "statuatory" SMC S, which is 100% plus an additional combined 60%.

2.  Housebound in fact.  This usually means a C and P exam unless there is already documtation that you are "substantially confined" FOR WORK to the premisis.  In other words, you dont leave the home "to earn an income.  If you are "not working" then you probably dont leave the home for work.  READ the Howell Criteria for SMC S, and expect VA to fight you tooth and nail on it, like they are for me.  Continue the fight until you get a judge who can read Howell.  Start by reading it yourself.  

http://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

If you dont read the entire article, at least read THIS paragraph: (from Howell).  You see, 
Va loves to deny SMC S by ordering a C and P exam.  If you show for the exam, you obviously "can" leave the house.  Its a trick, and dont fall for VA tricks and traps:

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.

[ChiefSC]

Thank you all for your responses.  I will read the Howell Criteria.  So if I don't show for this C&P exam can they denied me for a no-show???

[Chuck75]

18 hours ago, ChiefSC said:

Thank you all for your responses.  I will read the Howell Criteria.  So if I don't show for this C&P exam can they denied me for a no-show???

Standard practice would be to deny, even when the C&P is not required. When it's really necessary and when it's just another delay is a bone of contention, based upon law.

In essence, if the claim is well documented, etc. the C&P would be optional. In practice, it's often used when the RO just wants to delay, or wants the onus to be shared.

A C&P, even when the evidence is quite good, may be given just to see what scheduler rating % is in the VA's eyes, appropriate. 

[Gastone]

If your looking at SMC S (1), you don't meet the 1 SC at a 100% SC requirement. Are you basically Housebound per VA Definition?  Can you get a VA Housebound Form for an S (2) claim, completed by your Treating Specialist, I doubt it.

Any idea why you got the P & T, age related?

As to an IU claim, I think that would get denied as "Moot," because of the 100% Scheduler Rating.

File On! You never really know until you get the Award/Denial Letter.

Semper Fi