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

[GGR]

IV.ii.2.H.10.e.  Determining Whether the Veteran Is Permanently Housebound in Fact

If entitlement is based on the Veteran being housebound in fact, the law requires the housebound state to be permanent.   Consider a Veteran permanently housebound if, as a result of a single, total disability, by itself or in combination with other SC disabilities, the Veteran is permanently and substantially confined to his/her place of residence and immediate premises, or ward or clinical areas, if institutionalized under 38 CFR 3.350(i)(2).  Important:  There is no requirement that either the single disability, evaluated as totally disabling, or the additional disability(ies), independently ratable as 60- percent or more disabling, be permanent in nature if SMC at the housebound rate is awarded on a statutory, rather than factual, basis.

[Berta]

Thanks- VA awarded my CUE on SMC as a posthumous award:

However the Director told me by phone and the decision bears out what she said , that my husband's 100% 1151 stroke, was Total but Not Permanent.

The VA had already declared him 100% P & T for the stroke.Many times ( documented) as well as other evidence they had ,but ignored.

I have a CUE pending on that as well as a complaint was filed with the IG.

The fact that this was VA's fault ( 1151 stroke) and that it contributed to his death ( FTCA settlement and VACO Review) and the fact that the veteran had 6 areas of profound and incurable brain damage from past VA medical errors as well, 

and the fact that this Director could prevent any  widow's claim based on 100% P & T for ten years, as well as a claim like mine, based on her absurd lack of knowledge about VA case law and regs, is one reason I complained to the IG.

I sent them the VA's definition of Permanent and Total. 

That is a good excerpt I might need. Then again the VA , when they awarded the SMC CUE, awarded SMC S on both bases of entitlement. (only one monetary SMC 1 of course )

 

I also sent an audit request to IG, and District Counsel, and 2 VAMC directors as well, still in progress.

I gave evidence of three separate audit issues -errors that totalled a high 5 figure amount, almost 6 figures, that my RO gave me crap on .

They paid it all anyhow- after a few minor skirmishes.OGC and the RC had to get involved.

If the decision awarded and included info on CHAPTER 35 ( DEA) for your dependents, the 100% is Total and Permanent.

 

Edited March 17, 2020 by Berta

[Berta]

This has to be read carefully-as to how it works:

"Important:  There is no requirement that either the single disability, evaluated as totally disabling, or the additional disability(ies), independently ratable as 60- percent or more disabling, be permanent in nature if SMC at the housebound rate is awarded on a statutory, rather than factual, basis."

My husband was 100% P & T due to SC PTSD.

He also was 100% P & T due to the 1151 stroke.

( That is why they awarded under these two separate bases.)

The SMC CUE award also generated the AO IHD award ( Nehmer)

My AO decision retro was deemed an "estimate."

It sure was, and they owe me cash.And they have to apply OGC Pres Op #08-97.

I sent them my calculations , per past VA rating schedules, per years involved,  and in all VA rating decisions I have, as to the retro they owe me.And I have another accrued claim in progress.

 

 

 

[oggiehall]

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of left knee instability s/p fall with tibial plateau fracture surgery rated 100 percent and additional service-connected disabilities of left knee strain with degenerative arthritis, right knee strain with degenerative arthritis and shin splint, scar, right wrist, status post ganglion cyst removal, lumbar strain, right knee instability, left knee scar, erectile dysfunction, onychomycosis, temporomandibular joint capsulitis with bruxism, obstructive sleep apnea, posttraumatic stress disorder with major depressive disorder, anxious distress, recurrent, moderate, labral tear, left shoulder, with surgical repair (minor), right shoulder arthritis, left knee shin splints, hypertension, surgical scars, left shoulder, independently ratable at 60 percent or more from 01/31/2021 to 05/01/2021.

Rating Date : 05/18/2021 not sure of what my rating will be or what my pay will look like can you please give me some clearity?

[Buck52]

SMC S HOUSEBOUND is horse of a different color/JUST WANTED TO COMMENT ON SOME THINGS.

And it gets confused with SMC S H.B.  & A&A  a lot of times a veteran may interpret  these two with different meanings   and they mean well they just confuse BETWEEN THE TWO.

What gets me is we can have an TDIU P&T RATING AND GET IT BEING UNDER THE 100%   THIS IS WHAT IU IS FOR WHEN A VETERAN DON'T GET THE 100% SCHEDULER but he can't work due to his s.c. disability  no matter what that disability is.

    if he is 60% and can't do the work he was train to do  they usually infer him the IU....Now if he files another separate claim and is granted a 60% rating or higher  this makes him eligible for the SMC S Housebound  no matter what his disability is  and if they state his disability is of nature  or chronic and will not improve within his life time and he has no exams scheduled  that helps. 

Some disability's like Hearing loss  may or may not cause a person to work or not work...I have 90% hearing loss  and I am darn near deaf  without aids I could not communicate at all,  its hard enough to just get through the day when you can't hear what people say  or understand them ,  being hard of hearing is a bad disability that a lot of people do not understand   why would being hard of hearing cause you not to be able to work...well until a person loses his/her hearing  will defiantly find out what its like to be hard of hearing...example

I was at my work one day working in the Oil fields  and we had to move heavy pipes  and use a overhead crane  one day I was running the crane  and I was ahead of it on the ground taking pipe to another section of the plant I worked at,

  one of the pipes came loose and was barley hanging on  I was under these pipes and I did not see the pipe slip out   a co worker holler at me  get back get back the pipe is fixing to fall I never heard him  and another co worker ran to my aid and tackle me and push me out of the way just as that pipe came tumbling down   If that co worker had not been there that day I would not be hear today...I never heard my co-working telling me to get out of the way the pipe is falling.

This was before I was service connected by the VA for hearing loss  so if a person has a large percent of  hearing loss and has a hard time hearing and understand people   then they have a profound severe hearing problem and unless they are very well educated  and can work at a job that don't require you to hear  then I am all for that,  but most of us Veterans that lost our hearing from loud sudden noise  do not have a choice as to where we can work or what we can do   if you can't hear  your world changes  and it changes for the bad. I can't hear my truck running  so I don't know if its running or not  I look at the RPM Gauge to see if its running...its tough not being able to hear..I PROMISE YOU DO NOT WANT TO EVER LOSE YOUR HEARING.

I have been service connected for hearing loss from noise induced noise I had to hear from Vietnam at least this is what a  Dr mention to me  although I never claimed my hearing was bad when i got out   it takes a few years for you to lose your hearing due to loud sudden burst of noise and it is damaging to your ear drum and makes the hairs in your ear-drum canal fall out and hence then you start to lose your hearing  the little tiny hairs that's in your ears  vibrate that's how you hear  without them  you loose your hearing..

I wear hearing aids  but I still have a hard time hearing people UNDERTANDING WHAT THEY SAY  ECT,,ECT,,,

..I can hear it thunder but I cant hear my Uncle Bod say  you want to go fishing...I try to read lips but if the person is not looking at you  its hard to understand that person  unless he/she is yelling at the top of their lungs....

Hearing loss is a  non visual disability  like PTSD iS   you can't tell if a Person has a Mental problem  like PTSD...OR LIKE A HEARING LOSS PROBLEM you can't see the disability...now you take someone bedridden for a sickness  or has  lost the use of both arms legs   totally blind...yes those or visual disability's you can see the person has the disability.

I did get SMC S  H.B.  When I file my PTSD Claim  I got 70%  so I was ALREADY TDIU P&T AT 90% DISABLING FOR MY HEARING LOSS  SINCE I WAS RATED 70% FOR THE PTSD   That made me eligible for the SMC S HOUSEBOUND...AND I COULD STILL LEAVE MY HOUSE...I DON'T USUALLY LEAVE THE HOUSE MUCH JUST WHEN I HAVE TO  GROCERY STORE  OR DR APPOINMENTS......BUT I GOT THE SMC H.B. (DOES THAT TRULLY MAKE ME HOUSE BOUND..NO...

  SURE THERE ARE A LOT OF OTHER VETERANS THAT HAVE SOME BAD DISABILITYS  LIKE THE LOSS OF HIS ARMS  LEGS OR A DESEASE THAT CAUSES HIM/HER TO BE BEDRIDDEN...WERE ALL VETERANS WITH DISABILITYS .

IN MY OPINION WE SHOULD NOT JUDGE OTHER VETERANS BY THEIR DISABILITYS OR BE JELOUS BECAUSE ONE OF US IS GETTING A HIGHER COMPENSATION...WE ALL EARNED THE RIGHT TO BE VETERANS  AND I SAY DISABLE VETERANS BECAUSE WE ALL SERVED OUR COUNTRY AND WERE ALL IN THIS TOGETHER. NO MATTER WHAT OUR DISABILITY IS   i WOULD NEVER TELL A VETERAN HE DON'T DESERVE A DISABILITY   ESPECAILLY A HEARING LOSS DISABILITY   NEVER JUDGE A VETERAN WITH A NON VISUAL DISABILITY  IT COULD CERTAINLY GET YOU IN TO SOME HOT WATER SOMEDAY IF YOU DO.

But we all have to follow the rules and regulations and learn to understand them and realize our disability's   and in my opinion its not anyones business but ours and the VA  for compensation purpose's.

UNDERSTANDING  THE CFR Regulations and the M21-1   is Challenging  at times if we don't understand just what they mean  some times..so its best we all know what were filing for before we file and understanding these regulations  like SMC S  A&A and others

[broncovet]

SMC rate tables are here.  They vary with dependents, and Idk how many you have.  

https://www.benefits.va.gov/COMPENSATION/resources_comp0212.asp

Look under "S" to find yours if you are smc s.  No this is not additional over comp, its your total.  

Any smc "k's" are added to this, if you qualify for one or more SMC K's.