SMC H.B. OIG- INVESTIGATION WILL HELP LOTS OF VETS!

[Buck52]

https://content.govdelivery.com/accounts/USVAOIG/bulletins/167ec4e

CHECK THIS OUT!

Edited September 30, 2016 by Buck52

[eagle1012004]

Buck....

Great Information!!! I am going to print this and give to a friend who is 100%PTSD, with a combined 80% for medical issues. He did a claim in the last 6 months for "Housebound",

SMC-S and it was denied. I will show this to him so he can do a NOD.

Just one question, could his denial be a CUE? I have never done a CUE so I am not sure how to advise him. Do you file a CUE the same way as a regular claim or do you do something else. I would almost advise sending this OIG article with the CUE.

Any thoughts?

Thank you again for the information and all the best to you and your family!!

Greg

We are in the Boston Area....so the Boston RO.

 

 

 

 

 

 

 

[Buck52]

The VA Raters are required to Inferr the SMC's when a veteran meets the Criteria for the SMC, you don't apply for SMC.

 Now some times the rater don't catch it and vet  is literally beat out of his/her compensation , this is just one of the reasons a veteran needs to stay on top of his/her claims.

When this happens if a veteran catches this in time  then either NOD and send in your evidence that makes you meet the criteria for SMC and was not awarded   or ask the VA to CUE Them self as an error was committed by the rater...or call Iris and ask them to check on this and let them know why.

Usually of the Norm  When a Veteran has a 100% schedule rating for his onset  S.C. Disability and has another S.C. Disability of 60% or higher  then that is a statutory rating and should meet the SMC Critieria   usually H.B. (House Bound)or A&A (Aid &Attendance)

So most veterans that are H.B. Are already rated at 100% but they don't have to be 100% to meet the criteria  they can be TDIU Veterans with a less rating of 100% using the extra scheduler  when a veteran can't do any type of work  so the VA Has this rating to help the veterans get paid at the 100%  

I think they should just make a Veteran 100% scheduler  if he can't work b/c of his service connected disability's.

JMO

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

[THOMAS89031]

One important thing to remember:  If you are 100%, you don't need an extra rating of 60% or more to be entitled to SMC S.

At 100%, you qualify on the grounds that "you don't leave the house for work"

Yes, you can leave the house for any reason except work!!      Asknod can chime in on this?

 

 

[Buck52]

THOMAS89031

What/Where is the CFR# that states a veteran don't need a 60% rating above the 100% to meet the criteria for SMC?

They could be ''under special circumstances'' a veteran could qualify for SMC but thats all I know of? or'' loss of use '' possibly a disease like multiple sclerosis

Housebound Benefits (Category S)

Special Monthly Compensation under Category S is given if

– The veteran is completely and permanently housebound, meaning that the veteran cannot leave his area of abode (this can include his own home, a hospital ward, or a care facility) at all, and this is expected to be the case for the rest of his life

-AND-

– The veteran has at least one condition rated 100% and another, unrelated condition rated 60% (different body system or different type of disability—can’t both affect the arm, etc. This one does not have to be service related.) 

This Special Monthly Compensation is given INSTEAD of Special Monthly Compensation under Categories L through O.

 

[THOMAS89031]

48 minutes ago, Buck52 said:

THOMAS89031

What/Where is the CFR# that states a veteran don't need a 60% rating above the 100% to meet the criteria for SMC?

Buck52, I'll try to find the cite....      I remember NVLSP indicating the VA getting SMC S regs wrong most of the time regarding the 100% plus 60 rating