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A change in SMC S (Housebound)?

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deemac76

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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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1 hour ago, broncovet said:

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".  

Yeah I've read that article and even enjoyed the knowledge on the radio show episode Asknod had speaking about how the way the VA/VSOs looks at SMC HB. Now I got to get my VSO to submit with the right paperwork with the right language to get it approved. I guess once approved it would retro back to my effective date when I became unable to work right?

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If you can guess what "VA will do" as far as the effective date, then you certainly need to buy a lottery ticket.  However, SMC is an inferred claim and the effective date SHOULD be the date you met the criteria, as there is no "claim date" for SMC...its whenver you meet the criteria.  

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  • HadIt.com Elder

I got my SMC "S"  based on a CUE the VA called on themselves after I pointed out "Bradley v Peake " to them and that I was P&T since 2001 and got an extra 60% in 2008 and never got inferred "S".    If I had not filed for "S" I would still be waiting.    If you want something from the VA you must claim it or ask for it.   I have been to federal court with the VA and they dig in their heels and spend a million dollars to save a thousand. I had a CUE from 1973.   All the VA jerks and judges said they were sympathetic but the "law was the law" and socked it to me with denial after denial  all the way to court house.   Anything you get from these bastards is fair winnings.   Never feel quilty or that you don't deserve it.   You deserve twice as much!

                         John

 

 

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7 hours ago, john999 said:

I got my SMC "S"  based on a CUE the VA called on themselves after I pointed out "Bradley v Peake " to them and that I was P&T since 2001 and got an extra 60% in 2008 and never got inferred "S".    If I had not filed for "S" I would still be waiting.    If you want something from the VA you must claim it or ask for it.   I have been to federal court with the VA and they dig in their heels and spend a million dollars to save a thousand. I had a CUE from 1973.   All the VA jerks and judges said they were sympathetic but the "law was the law" and socked it to me with denial after denial  all the way to court house.   Anything you get from these bastards is fair winnings.   Never feel quilty or that you don't deserve it.   You deserve twice as much!

                         John

 

 

I have my claim for smc L and K under review after they were initially denied, this ought to be interesting.  I agree with you completely that anything we get is fair winnings as they sure as hell don't fight fair.  The RO called me and said they were reviewing my claim then my vso called me from the RO the next day and said to hold tight and not do anything else, everything seems to be going fully  favorably ???   Sure, it is..........I will believe that when I see it ;)  He did say I should hear something within a week or so, but then Irma came so maybe next week.

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  • HadIt.com Elder

Seminoles

 

             Way back in about 2007 me and my lawyer had a DRO Hearing about my CUE.   The DRO agreed with us.  He was very quickly overruled by his bosses and it was game on from then until we finally got denied at Court of Vet Appeals on legal technicality.   What is "right" or "wrong" has little to do with VA claims.   If your CUE or any sort of claim affects a large class of vets it is "game on" for the VA to deny your claim.

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What SC's were listed on your IU Award Letter as being the cause of your IU?  Have you requested that your VA Treating Physician complete a Housebound application and submit it on your behalf? Semper Fi

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