Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
Sign in to follow this  

SMC S..what you dont know can hurt you!!


Here is a good example:


Special Monthly Compensation under Level S is given if

  • The veteran is completely and permanently housebound. This means that the veteran cannot leave his/her home (or hospital ward, or care facility) at all, and this is expected to be the case for the rest of his/her life.


  • The veteran has at least one condition rated 100% AND another, unrelated condition rated at least 60%. The second (60%) disability does not have to be service connected. The second disability must be from a different bodily system (for example, both disabilities cannot affect the arm).

Source: CCK law:  https://cck-law.com/news/special-monthly-compensation-explained/

Why this may be important to you:  

    The VA, for about 10 years, "led me to believe" that all conditions had to be sc for me to get SMC S.  They dont, according to CCK.  The VA took the position I was not eligible for SMC S, because I did not meet 100 plus 60 percent which are all SC.  This is not the case.  The 60 percent need not be service connected and can be NSC.  

      I posted this as others may be in a similar boat where VA is hornswaggling SMC for them, like they did to me.  

Share this post

Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0



I believe they listed  the information incorrectly and now  you are now  passing on bad information...

The only time it does not have to be service connected is when a veteran is getting a pension, then he/she  can also get  housebound in addition to the pension and in that  case the 60% would not have to be service connected.

Do not trust Lawyer's pages  for any reason, check the rules . regulations and laws at the va cite.....  0r       http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.html


Housebound Benefits (Category S)

Special Monthly Compensation under Category S is given if the veteran has at least one condition rated 100% and one or both of the following:

 The veteran is completely and permanently housebound becuase of his service-connected conditions, meaning that the veteran cannot leave his area of abode (this can include his own home, a hospital ward, or a care facility) at all, and this is expected to be the case for the rest of his life.


 The veteran has another condition rated 60% that is unrelated to the 100% condition (They affect different body system, or are a different type of disability, etc. For example, they can’t both affect the arm.)

This Special Monthly Compensation is given INSTEAD of Special Monthly Compensation under Categories L throug



Share this post

Link to post
Share on other sites
  • 0

You might be right about that. However, this is not ANY law firm, its CCK.    You wont beleive how much the Chisolm's have won for Vets.  Then again, anyone can make a mistake.  I was astonished to see it also.  

In your post, tho, did you notice that it does not say BOTH the 100 percent and 60 percent must be SC??

In 2009, I was "awarded" SMP Pension Housebound, along with 100 percent sc.  Upon repeated contact with the VA, they said that I would not be compensated for housebound (pension, that is, NSC) because a Veteran can only collect the greater of compensation or pension.  

That is, there is no such thing as pension housebound when you are at 100 percent.  Well that made no sense eiteher because the regulations talk about pension housebound WITH 100 percent in some detail.  

So for about 10 years, I was resigned to the idea that there was some big error somewhere..because 100 percent SC plus 60 percent nsc was the same as 100 percent SC..that is, no smc S.  

My questions were renewed with the cck website.  

Im pretty sure this concept is NOT addressed in the regualtions..that is, can you get paid for housebound when you are 100 percent sc plus 60 percent nsc?  

That seems to be answered on cck's website.  That the VA has interpreted the regulations (probably through case law) that a Vet who is 100 percent plus an additional 60 percent nsc still gets smc S.  

I expect a deciison in the mail on this issue, and, trutst me Im gonna do my best to get to the bottom of it, probably through a call to cck.  

I have asked this question on this board, and, also VBN but no one seems to have a definative answer supported with regulations or case law.  ...at least that anyone has shared with me.  If you have regulations or case law to support your hypothesis, I would love to entertain them. 

However, I have no problem linking to cck's website as an authority...many of us advocates do the same.  CCK has won millions and millions for Vets.  It just might be the largest and most well . known law firm that represents exclusively Vets.  

Share this post

Link to post
Share on other sites
  • 0

Broncovet, I have a question.  You do not get non service connected percentages unless you are pension eligible do you?

Share this post

Link to post
Share on other sites
  • 0

Good question, vetquest!!!  On ebenefits, and on a few of my rating sheets, they have showed my nsc numbers.  I USED to get pension..back in 2005, so yes, Im "pension eligible".  But I dont get any pension because my compenstion is higher, now.  I got pension when I was at 40 percent, with VA explaining that I can collect both pension and compensation, but the greater of the 2.  

Share this post

Link to post
Share on other sites
  • 0

All I can say is that in my experience  I was originally rated Housebound @ 100% with a separate 60% rating , I believe if your service connected than all of the awards must also be service connected. 


Pension is really for someone who is disabled out side of VA ratings, and isn't getting much on Social security.... none of their disability would be rated under va, even though va will use the same va guidelines to determine Pension and housebound.


Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).

      Ensure that all the records in your VA Claims Folder or C-File are yours.
      • 1 reply
    • VA Law
      Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.


      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.

      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.

      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law

      VA M-21 Compensation and Pension Manual

      VA M-21-4 C & P Procedures

      VA M28-3 Vocational Rehabilitation

      VA M29-1 VBA Insurance Manual
      • 0 replies
    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.


      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.


      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.








      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Thanks
        • Like
      • 7 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines