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A change in SMC S (Housebound)?


deemac76

Question

Greetings Vets!! I'm rated 100% P&T for MH and other physicals disabilities and haven't worked in 8 years. I was on IU before and after being deemed unable to be retrained via voc rehab and also a ssd approval, I was increased to P&T. I just recently was informed about smc (s) from another vet with similar issues and not working as well. I checked over my award letter and it basically stated that I didn't qualify for statutory entitlement but that was all. I asked my VSO about it and he stated even though I'm not working and I only get out for appointments that I wouldn't get smc (s) due to the way the VA looks at the entitlement. He gave me the link to 38 CFR 3.350 (i)(2) and he said this what the VA goes by, but I also looked up M21-1MR, Part 4, Subpart 2, Chapter 2, Section H (10)(B) and (F) and it states that HB "in fact" is determined if a Vet can't earn a income. So basically which VA reg determines the entitlement? I think my SC'd rating in itself should being considered originally (Panic Disorder w/Agoraphobia) but it wasn't. How would one proceed with trying to see if I should be getting this compensation? A CUE or a normal claim for it? 

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You should definately apply deemac76.  Yea, you "may" have a c and p exam for SMC S UNLESS you have evidence in your file.  As several alrady have stated, there are at least 2 ways to get to SMC S:

1.  Statuatory, that is, 100 plus an additional combined of 60 percent. 

2.  Housebound "in fact".  

 

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32 minutes ago, Buck52 said:

There is no claims for SMC, If they failed to Infer it to you I believe you could  disagree with the 2012 decision  by sending a NOD...that you agree with the  100%Award but was never was inferred the SMC -S as regulations state but you only have a year to do this.

Now that your NOD has run out  I believe you need to file for Re-open to get the SMC- or ask them to CUE Them self

I am not to sure on the time line here?

so I can't advise you.

ELDER MEMBERS broncovet & Ms berta and Elder Member and VA Certified Rep Asknod  (Alex) are the Experts on this.

 I am just not sure how to tell you to file..I do know you can't file a claim for SMC so need to go another rout.  jmo

Ok gotcha. I understand but your knowledge and insite is very much appreciated. I looked over my award letter and the VA knew that wasn't able to work. Originally I was IU and I filed a for a increase after being deemed untrainable so they increased me to 100% schedular, so they have to know I'm unable to work don't they? So I guess a CUE would be in order based off their own regs, even though it was been recently updated with the new language with emphasis on "not being able to leave the home to earn income".

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Roger That!

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4 minutes ago, broncovet said:

You should definately apply deemac76.  Yea, you "may" have a c and p exam for SMC S UNLESS you have evidence in your file.  As several alrady have stated, there are at least 2 ways to get to SMC S:

1.  Statuatory, that is, 100 plus an additional combined of 60 percent. 

2.  Housebound "in fact".  

 

Thanks broncovet I'll go see my VSO again this week and let him know that I would like to persue SMC S HB "in fact" based on SC'd conditions and not being able to "earn a income". Per M21-1MR. Maybe a c&p wont be necessary like you say when they see that I meet the qualifications for HB in fact.

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You may consider taking a copy of this to your VSO:

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

"Housebound" in fact does NOT mean you can not EVER leave your house.  It means you can not leave your home "for work".  

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