*** SMC ( S) ***

[david dupe]

I read on H&P attorney site, one way to qualify for smc (s) u can be tdiu permanent & total and at least 60% sc by its self or combined. What makes it 100% this way is the permanent & total.the other way is a secondary rating of 100%.

has anyone filed and was awarded this way???

[Richard1954]

David,

 

When your doctors fills out the 21-2680 his answers will determine what you qualify for ( aid and attendance or housebound  but not both) 

You just submit the form and the VA rater will make a decision based on the medical records, your ratings and the information on the VA Form 21-2680

Just because a doctor fills out this form  does not mean you will be awarded an SMC based on the form only. 

To get A&A you must be rated 100%  (TDIU does not count toward  Aid and attendance.) and have a clear need for aid and attendance

To get Housebound you must have a 100% rating and a separate 60% rating or you must have an actual need for housebound ( TDIU meets the 100% requirement if it is based on one medical condition)

[david dupe]

My rating is 80% combined and I get paid at 100% because of I/u p&t. 

Are you saying that I don’t qualify for a&a or smc with my rating, even if my doctor gives me favorable answers on form 21-2680

[broncovet]

You can get one or more SMC K's, in addition to SMC S or other SMC's.  

[Richard1954]

On 2/20/2019 at 5:12 PM, david dupe said:

My rating is 80% combined and I get paid at 100% because of I/u p&t. 

Are you saying that I don’t qualify for a&a or smc with my rating, even if my doctor gives me favorable answers on form 21-2680

 I have no idea what your doctor wrote in his opinion and on the 21-2680. What I am saying,  is that you must have a 100% rating to get Aid and Attendance, ( I no of no case where a veteran was awarded A&A without an actual 100% rating)  As to Housebound,  it takes is a TDIU rating that was based on a single condition rated 60% or more, and a separate unrelated rating 60% or more. or a rating of 100% and the  proof of an actual need for Housebound based on the medical condition . The doctor must present a reasonable medical opinion  that does not conflict with the medical records, and he must explain as in all cases how he arrived at the opinion. 

Since you are not rated a straight 100%  you don not qualify for A&A

I am also saying that if your TDIU was based on more than one medical condition then you will not qualify for Housebound, unless your doctor can show an actual need and you are rated 100%.

But ,  with the VA nothing is simple and I can't be certain how the VA will rate you case... these are just my opinions based on what I understand the rules to be.