CFR's to infer the SMC S.-H.B.

[Buck52]

Can anyone find the Regulations on being inferred to SMC S H.B.? When a Veteran meets the SMC Criteria?

Not meaning the 100% plus another separate and distinct S.C. Disability rated 60% or higher

Most of us know about the above.

But what if a Veteran is given TDIU P&T  After Requesting an Increase on his S.C. Disability and can't work b/c of it  &the VA Awards TDIU P&T and fails to infer the SMC S H.B. in-fact

As I understand when a Veteran can't leave home for work  then he is consider house bound according to VA Regs and they are obligated to infer the SMC S. (which 90% of the time they don't) or its mandatory 

What are the CFR's# on this? as a mandatory rating? under special circumstance of the severity  of the disability.

Anybody?

[Berta]

http://www.purpleheart.org/ServiceProgram/Training2012/10-M- SMC final.pdf

and 38 USC  1114 (s)

[Buck52]

yes I read these. however # 7 is unclear and the infer to SMC S H.B.

 SMC(s) = $3,100  Awarded if Vet has 100% eval or TDIU AND add’l eval of 60% OR is permanently HB  paid in addition to any SMC(k)  Permanently HB: substantially confined to home & reasonably certain disability/disabilities causing confinement will continue throughout life

what is the kicker here  is  >   ''OR is permanently HB'' 

If a veteran is permanently  Does this make the veteran eligible  for SMC S H.B. and the Rater should infer the SMC S H.B. at the time he/she is Awarded P&T

Maybe the Veteran has to Request the SMC S H.B. ?

[Buck52]

I never was inferred the SMC S H.B. When I was awarded TDIU P&T  But that was 15 years ago or 17 if they go by my filing date, but now maybe these Regs have changed ? and they make it better for the younger vets.

When I got my SMC S H.B. I had another separate & distinct disability rated over 60% so they inferred the SMC S H.B.   I never Requested it.

[broncovet]

Buck

   It may help to explain it this way.  "Regular" benefits have an effective date the later of the date applied, or facts found.  With SMC, the effective date will be the "facts found" as it is presumed you HAVE applied for SMC whenever you become eligible. 

   VA has a lot of lattitude as to when to "infer" a claim.  

    A Vet has to have 3 things for an informal claim:  

1.  It has to be "in writing".

2.  It has to "show intent" to apply for a disability.  Getting treatment is not enough. 

3.  The Vet has to "specify the benefit sought". 

     As my attorney recently explained, the informal claim has largely gone away.............................now you have to fill out the applicable form.  For example, the TDIU form is mandantory.  Years ago, as long as you suppled all the info required by the TDIU form, your informal claim could fly.  No more.  NO TDIU form, no TDIU.  You may be able to grandfather it in before the mandantory tdiu form was printed.  

   "Inferred" means that an alert rating specialist looked at your file, and said something similar to, "I think this guy wants to apply for _______, so I will put it in for him".  It rarely happens

[Gastone]

A Nam Vet Bud that had been IU T & P No Future Exams Scheduled for years, filed a 2016 FDC  Claim for  Reg A$$ House Bound, had his VA Dr complete the Reg A$$ HB Dr's verification form. Much to his chagrin, he received the VA HB Denial early 17 and of course has Filed a NOD.

Here's the Kicker, the Denial Letter increases 1 or 2 of his long-standing SC's, making him now 100% SC Scheduler T & P "NFES" and removing his IU Rating from all VA Letters and Forms. This guy has been confined to a wheelchair for years, wife has to do everything for him, only he's not confined to a bed. It will be very interesting to see how his HB Appeal plays out.