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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Buck52

SMC Question?

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Can a Veteran who has been Inferred  SMC S-1 H.B. because he had another disability separate from his original 100% disability or 90%combined with IU  That made the veteran meet the criteria for the SMC S-1 H.B. Under the statutory rating system.

 Would he be Eligible for SMC-K for E.D. at the same time?

In other words is there a CFR that omits this SMC-K for Rating for the E.D.  B/C of the SMC S-1 H.B.????

If a veteran has the SMC-S-1 H.B.  then no matter what his age   does the VA think he is not able to have sex b/c he is House Bound?..beside the fact if he has E.D.no matter his age then the sex is out of the question.

Anybody..elder members & experts on CFR'??

Any of you elders Know the answer to this?  its rather confusing.

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On 10/4/2016 at 6:50 AM, Buck52 said:

Can a Veteran who has been Inferred  SMC S-1 H.B. because he had another disability separate from his original 100% disability or 90%combined with IU  That made the veteran meet the criteria for the SMC S-1 H.B. Under the statutory rating system.

 Would he be Eligible for SMC-K for E.D. at the same time?

In other words is there a CFR that omits this SMC-K for Rating for the E.D.  B/C of the SMC S-1 H.B.????

If a veteran has the SMC-S-1 H.B.  then no matter what his age   does the VA think he is not able to have sex b/c he is House Bound?..beside the fact if he has E.D.no matter his age then the sex is out of the question.

Anybody..elder members & experts on CFR'??

Any of you elders Know the answer to this?  its rather confusing.

Hey Buck,
Libido may wane with age, but it does not necessarily happens to everybody.


Check out this recent BVA ruling: http://www.va.gov/vetapp16/Files3/1624771.txt

Quote

ORDER

Entitlement to service connection for cerebral vascular accidents, claimed as strokes, is granted.

Entitlement to the payment of special monthly compensation (SMC (l)) based on the need for aid and attendance, is granted.

Entitlement to the payment of special monthly compensation (SMC(k)) based on loss of use of a creative organ, is granted.

Entitlement to the payment of special monthly compensation (SMC(p)) for the rating intermediate between (l) and (m) due to aid and attendance and an additional disability independently ratable at 50 percent (PTSD) is granted.

 

In my opinion, housebound - by itself, does not necessarily mean that the hydraulics will stop functioning. The veteran in the case above got an alphabet of SMC awarded, including a K award due, to cerebral vascular accident (CVA, strokes) and I assume it was likely backed up by buddy statements from his wife and doctor.
 

In many cases, this one below should suffice. If the veteran testifies experiencing ED, that should be good enough without having to go into specifics.

Quote

Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge)

 

If the VAMC is trying to deny due to age and housebound status without a medical opinion backing it up, then I would assume that to be a Colvin violation.

 

Here's an interesting read regarding age and SMC-K. The veteran is older, but had SC prostate cancer. The VA tried to deny because of his age and hypogonadism, but the BVA ruled in his favor on relative equipoise because the SC prostate cancer caused his ED.
http://www.va.gov/vetapp14/Files1/1409196.txt

 

In addition, don't forget about Alex AskNod's topic about housebound: https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says. The VA tried to deny housebound because the veteran could attend doctor's appointments:

Quote

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.

...

Housebound, as defined by Congress, means your disabilities keep you from leaving the house to go to work. In order to work, most of us have to leave the house-ergo having to stay home because you can’t work is what makes you “substantially housebound”. That’s a far cry from what VA tries to imply.

 

I'm not sure if any of this is helpful, but I do hope that it is.

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Thanks Vync  yes it helped.

I was just undecided if a veteran that is SMC H.B. and files claim for E.D....If he could get E.D. Approved and the SMC-K added to his SMC-S H.B.  at the same time.

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Buck,

You can have as many SMC K ratings as you are entitled to regardless of  SMC S. Or L, M and N for that matter. When you hit O that's the end of the K party. Getting K for loss of or loss of use of a creative organ, be you male or female, hinges on whether it is service connected. Ergo, you get DM 2 and it boogers you up with vascular circulation problems. All of a sudden bingo. no more winky. That's SC so they write a K for it. If it screws up your leg and you get peripheral neuropathy and lose the use of it, bingo, another K. Say your right hand goes belly up from the neuropathy, then they have to give you an L for it because loss of one hand and one foot is a jump up from those individual Ks. They rescind the Ks and replace it with an L. You could lose and eye and get a K for that on top of L or S. 

When you hit SMC O/P, the K gravy train ends. They rate only on loss of or loss of use of after that and need for A&A(1) or (2).

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