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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Leon2015

Confused about how to qualify for SMC?

Question

1) I been reading many things on SMC but I'm still confused so I will just lay my disabilities and hopefully someone can tell me if I initially qualify:

 

100% Overall Disability Rating

70%Mental Health (MDD)

60% GERD

50% Sleep Apnea

and few other lower rated disabilities

2) Second question I read that the VA will automatically implement a SMC rating is you qualify, how true is this? Will I need to initiate the process if I qualify

 

Thanks in advance

 

 

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You left out the critical factor:  Are you working?  

You can read about smc S here, which will help answer why I needed to know:

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

Even tho you are "not" supposed to have to request it, if applicable, yours wont be the VA's first mistake.  So, go ahead and apply, especially if you meet the criteria, above.  

Since it does not appear you qualify via a) statuatory smc s, you may qualify for b) "housebound in fact".

B normally takes a C and p exam to see if you "are essentially confined to the premesis".  However, we dont know if you qualfiy for additional levels of SMC S or not, we dont know if you have "loss of use" of appendages, eyes, ears, reproductive organ (SMC K) or not.  We also dont know if you need aid and attendance (SMC L) either.  Apply.  If denied, you can ask us how/if you should appeal.  

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On 5/21/2018 at 9:23 PM, Leon2015 said:

I been housebound for 4 years and no work

You may qualify if a doctor says you cannot leave home except for medical appointments.

You said your 100% overall disability rating... what does that mean? Do you have a combined 100% or are you  rated 100% for one medical issue?

Its very unlikely that sleep apnea and Gerd will qualify you for Housebound, You Mental Health issue may.. but you need to see a doctor and ask for the Housebound exam

 

 

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Go ahead and apply.  Im currently fighting VA for housebound, as it was denied.  

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It is generally presumed that when filing a claim for disability, the veteran is seeking the maximum benefit allowed by law that corresponds to their disability. Therefore,SMC is not something a veteran has to formally request of the VA

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