SMC S??

[adkins7b]

depression tdiu 50 percent sleep apnea just won tinnitus 10 percent is this smc s?

[seminoles]

not unless you got a very generous rater

[broncovet]

Likely, yes.  

    Not only do you qualfiy per "howell", but you could also meet the "statuatory" SMC S, provided that your disabilities are "seperate and distinct" from each other.  Bradley vs Peake, however, is rough and there are many pitfalls.  

Howell suggests if you are not working, then you are not leaving the house "for work".  

https://asknod.org/checo-reports/

 

[adkins7b]

My tdiu is based soley off depression then i have 60 VSO said i need a seperate one rated 60. I told him thats not correct and read his own information he copied and pasted to me about smc S. I copied the secetion that says disabilitiy or disabilities.  It just closed so i'll have to wait for paper work and ready to fight them some more. 

 

The important thing to keep in mind here is that the disability for which you are receiving TDIU must be entirely separate from the second service-connected disability (or disabilities) rated at 60% or more

[Buck52]

Your VSO Quoted This?

The important thing to keep in mind here is that the disability for which you are receiving TDIU must be entirely separate from the second service-connected disability (or disabilities) rated at 60% or more

I would say your VSO is correct/To Meet The SMC S House Bound Criteria.

However if your tdiu is based off you can't leave home for work  then and you were not granted the SMC S based off that  then appeal the decision and request the SMC S H.B, Be given ===Quote parts of the Howell Rule broncovet mention

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

Source: asknod .org

 

Edited January 28, 2019 by Buck52

[FormerMember]

Hey, if the SA isn't secondary to the MDD, then 50 +10 = 60%. He's in for SMC S based on 100 + 60.

[adkins7b]

dam the depression is secondary to sleep apnea?  Well the hearing doc must of said something because vso said that the va has reffered me or something they want me to file bilateral hearing loss.  But the tdiu is soley on the depression or that doesnt matter.