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[Guest rickb54]

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Edited February 19, 2007 by rickb54

[Berta]

The VBM , pages 334 to 357 has considerable info on these types of SMC.

I am stuck on this :

They define the L1/2 and also put (P) before L1/2 on it-page 349

Under the P award , additional disabilities can be expanded-page 353-

Do you have a copy of the VBM? detailed info on these types of claims.

[Philip Rogers]

OK, I need help here too...

After a great deal of research I know I am entitled to housebound under a single rating of 100% + 60% or more (actually 70%) of different etiology, or different systems etc.

I am currently being paid at the 100% + 50% rate L1/2

What is the smc rate for housebound. From what I can see its R1...

Is this correct, and if not what the heck is it?

As I understand the reg, I do NOT need a doctors opinion, it is presumptive at 160% combined. So, I would guess i just kindly point out that they made a rating error when they rated me at L1/2 (which was L until I pointed out the 50% rule)...

Sorry for such a noob question but nowhere could I find where it said what the smc rate would be.

Bob Smith

I'm fairly positive it is an "s" award. If you go to the US code, 1114(s) covers 100+60 for housebound. That's why it's called an "s" award. You state you're 100%+50% or is that an error? Housebound for a single vet is $295 and that's the housebound rate. All the letter ratings are found in US code 1114. jmo

pr

[Dorothy Kansas]

The independent 50 or 100 rule only apply when rated L or higher.

You can not build on the housebound rating and its less than the "L" award.

[Philip Rogers]

The independent 50 or 100 rule only apply when rated L or higher.

You can not build on the housebound rating and its less than the "L" award.

Dorothy - I looked thru 38 USC 1114 and don't see any mention of "the independent 50 or 100 rule," only the 100+60. My USC is the 2000 edition. Is this a more recent change?

pr

[sixthscents]

. However under USC CFR 38 3.350 Paragraph (3) the following applies:

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

PLEASE NOTE THE FOLLOWING: the disability can be single or a combination adding up to 50%..That’s what “additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more” means…

OK so for all of you confused... you can take an SMC and go to the intermediate rate with additional 50% ratings. I am sure of this since the VA recently approved my claim... but

I am actually 170% scedular...

Now housebound is a seperate rating... it has to be in excess of L1/2... I mean it really must, and the guidance for it is 100%+ 60%, or 100% and a doctors statement showing why you are housebound etc. This statement is NOT needed for someone who has a 100% rating and a combination or individual rating equal to or in excess of 60% which derives from different injuries, systems or illnesses.

Again my question remains... what is the SMC rate... it almost cant be less than L1/2, that makes no sense...well it could I suppose but.. I cant find anywhere that it states the rate. While USC 39 does say (s), its at the ens of a sentence and does not say smc (s) etc. The housebound rate is to pay for the additional care necessary... hence my belief that its R1 or R2.....

[Pete53]

My Gatekeeper Doc at VA called me this morning and has completed the physicians statement required for A&A. She said she would mail it today. I plan to apply as soon as I get the Doc's Statement.

If I get the award I plan to Appeal and request that I be awarder back pay to the time I was originally declared 100% because the VA did not look into it although my diagnosis included agoraphobia.