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

[broncovet]

Here is a good example:

Quote

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.

OR

• 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.  

[Richard1954]

Broncovet

 

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.

-OR-

– 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

 

 

[broncovet]

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.  

[vetquest]

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

[broncovet]

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.  

[Richard1954]

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.