SMC (S1)

[25Unifrom50]

I received this notice on eBenifits after my claim was complete. Is this a permanent deal or is this a temporary award.

 

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of posttraumatic stress disorder (PTSD) (also claimed as acquired psychiatric condition) rated 100 percent and additional service-connected disabilities of diabetes mellitus type II, right lower extremity radiculopathy (also claimed as lower extremity diabetic neuropathy), axillary cyst (claimed as cyst under arm), pseudofolliculitis barbae and tinea pedis (formerly evaluated separately as DC 7806 pseudofolliculitis barbae and DC 7820-7806 tinea pedis), right knee patellofemoral syndrome, patellofemoral spurring and arthritis, obstructive sleep apnea with bronchitis (formerly evaluated as bronchitis), ventral hernia, lumbar spine strain with degenerative disc disease, hypertension (claimed as high blood pressure), left knee patellofemoral syndrome, left lower extremity radiculopathy (also claimed as lower extremity diabetic neuropathy), degenerative disc disease of the cervical spine (claimed as cervical spine injury), erectile dysfunction, irritable bowel syndrome (claimed as functional GI disorder), headaches, independently ratable at 60 percent or more from 07/10/2017 to 10/01/2017.

Rating Date : 01/08/2018

 

Thanks

[Mr cue]

Well my belief is how do u filling a letter or a form for something that is to be inferred by your record.

If u get tdiu you are not able to work 

If they didn't send the form how would u no to fill something out. I think ppl are making it more than it is it law

Howell was denied because the bva said he could go to medical appointment so he can't be housebound.

The court rule against that and made it clear confined to one home is not been able to leave home to make a income.

It was a cavc case that was remand back to bva 

[El Train]

I'm 100 % P&T SMC-S.  100% PTSD/TBI and a host of other disabilities equaling way over 60%.  I told all C&P examiners I work part time flex.  Mostly from home, and sometimes go into the office.  I make good money.  I'm self employed as part of the family business (sheltered employment so to speak).  I doubt the VA looked into my yearly income.  I never told them how much I make.  They never asked.  I learned less is more during C&P exams.  

Prior to being self employed I got kicked out of two different colleges and fired from a host of jobs.  That wouldn't change if I didn't do what I am doing now; fact!  I'd get shit canned from any job within short period of time.  Probably thrown in jail too.  Especially after being self employed now for 16 years.  It's gotten worse over the years to the point I only have a few years left if I'm lucky.

My understanding is I'm a rare case.  And a head case too.  

[Mr cue]

First you are 100 not tdiu so u can work as much as u want. With no problem

U were give a smc s because u are a 100 and have other issue that add up to the 60. Which has nothing to do with housebound.

Smc s housebound by fact which is for veterans who can't leave there home to make a income.

Like the court stated been confined to one home doesn't mean one can't leave home at all howell v nicholson

Court rule confine to one home is not been able to leave to make a income.

There are 3 way as I see it to smc s.

Bedridden 100 plus the 60 or been confined to one home.

 

 

[Buck52]

Mr Cue here is what I don't understand,, they inferred the SMC S H.B.   DUE TO MY SINGLE 90%DISABILITY AND ON TDIU P&T  AND HAD A SEPERATE AND DISTINK CONDITON RATED AT 70% (Chronic PTSD).IN OCT 2015

When I received the TDIU P&T  IT WAS BASED OFF MY SERVERE PROFOUND HEARING LOSS, MY JOB I HAD AND HAD BEEN TRAINED TO DO REQUIRE GOOD HEARING.

.I HAD TO STOP WORKING BECAUSE OF IT,  I WENT TO THE VA FOR THEM TO TEST MY HEARING BECAUSE IT WAS FREE AND THE AUDOLOGIST THAT TESTED ME SAID I SHOULD FILE A CLAIM FOR THAT,  I STARTED LOSSING MY HEARING AT A EARLY AGE AND BY THE TIME i TURN 40 I knew I had a hearing problem and it kept getting worse and worse  so I filed a claim and was denied in 1998my age then was 48/49  and  I appeal and was established service connection at 0%  because they said my hearing loss did not meet the rating criteria  that the VA has  I took another hearing test from the VA  and then went got a private test and had the Dr to go by all the VA Guidelines...I reopen my claim in 1999  and was given a 50% rating in 6 months with the private Dr Test, 50% from a 0% within 6 months? 

 

 anyway I was happy just to get the 50%  I went for an increase on my hearing loss at age51 and a C&P examiner messed up everything  he claim I never had a hearing problem when I got Military he went back and found that test...

1972  when I got out.

 So at the new C&P EXAM FOR THE INCREASE  his Audiologist had thought I was Malangering (lying) about my hearing loss...and I should not have been service connected at 50% in the first place  and recommend i be reduced of the 50% and stirp form service connection...ok I got a letter to reduce my 50% rating to 0% but could keep the service connection.so naturally this made me request a DRO Hearing at my R.O.    TO SOLVE THIS PROBLEM AND KEEP WHAT I HAD AND POSSIBLE AN INCREASE.

I went to my private Dr to retest my hearing and requested a DRO HEARING and at that hearing the DRO WENT with my private Dr and not the VA Dr  going back to my end of service test would not matter in this case due to the fact that it takes noise induced bilateral hearing loss years to lose a person hearing..

.anyway this is when I got the increase and not a decrease   he even stated with a Senior DRO and a Rating specialist Representive  at my hearing it is obvious this veterans hearing loss is real and according to this Veterans evidence and new hearing test that was done using the VA HEARING TESTING REQUIRMENTS a increase will be granted and not a decrease  and he gave me 30% increases on my hearing loss and  he also gave me tinnitus 10%  that I had been denied previously  from this same VA ENT Dr and his Audiologist to equal 90%  so because I could not work and had a letter from Voc Rehab that it was not feasible to retrain this veteran at this time due to his sc disability  I used that letter As my evidence  and they gave me the TDIU P&T  BUT NOT THE  SMC S  H.B. THIS WAS Dec 10th 2002...Oct 1st 2015 is when I did get the SMC S due to the PTSD CLAIM AT 70%  THEY NOW HAVE ME LISTED WITH A FINAL 100% DEGREE RATING WITH SMC S H.B.

I WAS JUST WONDERING WHY THEY NEVER INFERRED ME THE SMC S H.B. BACK THEN   OR GIVE IT TO ME WHEN HOWELL vs Nicholson was won in the court back on MARCH 23 2006..

IF SMC S H.B. IS A STATUAORY RATING? I (which  it is) 

IT SHOULD HAVE BEEN INFERRED TO ME   JUSTLIKE IT WAS WHEN I DID GET IT WITH THIS OTHER 70% RATING..

I think it is that some people do not know if I am entitled to it or not and just wants me to file to see what they say as for as giving me a favorable decision.

i CAN'T AFFORD AN ATTORNEY  SO IF I FILE THIS  THEY EITHER WILL GO BACK TO THE DATE i GOT THE iu or the Howell date he won...or just flat out deny me and give me a reason  maybe thats what everyone is waiting on  what will the VA DECISION BE? AM I ELIGABLE OR NOT?

Edited May 25, 2021 by Buck52

[El Train]

1 hour ago, Mr cue said:

First you are 100 not tdiu so u can work as much as u want. With no problem

U were give a smc s because u are a 100 and have other issue that add up to the 60. Which has nothing to do with housebound.

Smc s housebound by fact which is for veterans who can't leave there home to make a income.

Like the court stated been confined to one home doesn't mean one can't leave home at all howell v nicholson

Court rule confine to one home is not been able to leave to make a income.

There are 3 way as I see it to smc s.

Bedridden 100 plus the 60 or been confined to one home.

 

 

Thank you for clarifying.  You know there is another forum with a certain rater on it that says the VA (in the future) is probably going to re-access 100% Vets that are still working.  Especially one's with 100% mental.  I'll retire if this happens.  But I sure do pay a lot of taxes in the mean time.  

Sorry for getting off course.

[Mr cue]

Buck I think u are look at it to deep.

If u had or was granted tdiu based on one condition. They should have inferred  smc s.

 

They only seem to inferr it when veterans get granted the extra 60.

They gave me 3 month because I got a extra 70. After I apply for housebound by fact.

But never address me been confined to my home for 25 years

I have  not seen a decision were they inferred smc s housebound by fact. It was always the veteran who ask or apply for it.

Even howell apply and they denied it  they didn't inferr it for him. The va is aware of this but there not going to just grant ever tdiu veteran smc s retro  and they are violating the law.

This my belief

I will post the outcome of my case.

Once it return to board they have to rule on it or I am back to the court I will not let it go until I get a decision.

My case is moving because I put in for expidate at the us court and was granted by the court. The bva are move on it pretty fast

So I feel it will not be long.