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    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 ...
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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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Nvet

SMCs for TDIU rating 3 yrs ago

Question

Hello,

I received a TDIU rating for Depression in 2015. In addition, I had 40% for my back, 30% Migraines, and 10% allergies. I was not considered for SMCs. Any advice on how to proceed to get SMCs and back pay? Thanks

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14 hours ago, Richard1954 said:

I would first ask what was the actual rating for your depression? If it was less than 60% then you would not qualify for Housebound.  The only way to get Housebound when you have TDIU is that the condition that Tdiu was awarded for must be rated at least 60% then you must have an additional separate 60% rating  

It's 70%. Was already 70% prior to TDIU award in 2015.

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Richard , that is not what the regulations state:

"SMC at the housebound rate may be paid if a Veteran has a single service-connected disability rated 100 percent and either: (1) has an additional service-connected disability or disabilities ratable at 60 percent, separate and distinct from the 100 percent service-connected disability, and involving different anatomical segments or bodily systems; or (2) is permanently housebound by reason of a service-connected disability or disabilities. Permanently housebound means the Veteran is substantially confined, as a direct result of a service-connected disability or disabilities, to his dwelling or the immediate premises (or, if institutionalized, to the ward or clinical areas), and it is reasonably certain that the service-connected disability or disabilities and resultant confinement will continue throughout his lifetime. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i) (2018). When a Veteran is awarded TDIU based on a single disability and receives schedular disability ratings for other conditions, SMC based on the statutory housebound criteria may be awarded so long as the same disability is not counted twice, i.e., as a basis for TDIU and as a separate disability rated 60 percent or more disabling. Bradley v. Peake, 22 Vet. App. 280 (2008))."

My dead husband was granted both SMC S and HB- but only one claim is paid.

His 100% 1151 P & T and his 100% PTSD P & T obviously fell into the 100% plus 60% for additional independent disability.

He was deemed as housebound as well because, due to the 1151 stroke  , and the significant brain trauma VA caused, he could not walk far, could not drive, he was visually impaired and could not dial a phone or use a computer anymore. He could not handle cash money as well, or write a check.

 

Housebound is a medical determination. 

 

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I think maybe Richard means if a Veteran is getting IU  then another 60% separate S.C. Condition of 60%  then the veteran can be inferred the SMC S

Although some Veterans are rated  less 100% but if they are awarded IU then the VA sees them as  a 100% veteran being paid at the 100% rate although their rating say 80% or 90%  with IU  that is the same as being 100%

So actually IU makes a Veteran 100% under special circumstances

if that veteran gets another Separate S.C. Condition of 60% or higher   then that quailfy's him/her for the SMC S

Usually when this happens they make the IU MOOT and the veteran is consider to have a final 100% degree in his/her rating.

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In order to better understand TDIU, Veterans must read their narrative decision which explains why they are rated TDIU. That's the paper you get with the VA seal on it. Just because you have an extra 60% or more above and beyond TDIU is immaterial. I have numerous clients like that. VA tends to combine MDD with some other illness/injury and say the MDD, standing alone, doesn't support TDIU. But, with the addition of, say, the headaches at 30%, you do. This means you can't just call the 70% the controlling benchmark that provoked the TDIU. It is often, but not always, a combination of ratings-or at least VA likes to do that to avoid paying SMC S. That's an appeal process in its own right.

Far too many of you labor under the misconception that just because you have a 40% rating and others that combine to reach 70%, that you automatically qualify for TDIU. Not so. Similarly, some think just because you have a 60% rating standing alone, you get TDIU. Again, not so. TDIU is an extraschedular rating based on whether or not VA believes you can work. If you had 40% for DM II and had about five 10% ratings for tinnitus, hemorrhoids, pes planus and  others which are not "job-threatening", these would not automatically provoke TDIU. It simply doesn't work that way. Every Veteran's circumstances are unique to his/her TDIU decision. There is no "one-size-fits-all" formula. 

SMC S is available if you had several independent ratings unrelated to the MDD that combine using the §4.25 combined ratings table. You do not need a single rating at 60% or more. If it's 55% or higher, it rounds up to 60. Period. I don't need to address the SMC S Housebound option as it is self-explanatory. 

And for the record, there is no 60% rating for MDD. It pays in 10, 30, 50, 70 and 100% increments. 

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Posted (edited)
7 minutes ago, asknod said:

In order to better understand TDIU

@asknod

Thanks for the better understanding and the scenarios.

One scenario I don't see in your post is what happens if a vet is rated 70% ptsd (no secondaries), has recorded homelessness and job losses. Should that at least trigger a review for TDIU?

I am not asking legal advice, just curious about how a scenario would trigger reviewing for TDIU.

Edited by GeekySquid

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