Would I qualify for SMC-S / housebound?

[Vync]

After my heart attack in early April I have brain fog and am trying to determine if I qualify for SMC-S or housebound. I'm 100% P&T for 10+ years and filed a claim for heart attack at the beginning of May. I am not medically cleared to return to work yet.

Bilateral ratings
20%, 20%, 10%, 10% = 48%

Single ratings
40%, 30%, 30%, 30%, 20%, 10%,  10%,  10%,  10%

Factoring in the bilateral and singles, I calculate 96%

I also have a separate single rating of 60%

I looked up SMC-S laws and found:

Quote

38 U.S. Code § 1114. Rates of wartime disability compensation
...
(s) If the veteran has a service-connected disability rated as total, and
(1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or,
(2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993.

For the purpose of this subsection, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

 

Would I qualify?

[Buck52]

They will likey deny him if he is working or can work.

[Buck52]

Vync

You might want to check this  link out from HILL&PONTON Attorney's

Not use if your S.C. for PTSD  or a mental health Disorder

but  if this may apply to you with your heart condition.

https://www.hillandponton.com/how-ptsd-is-connected-to-atrial-fibrillation/

 

[Vync]

On 6/7/2019 at 7:02 AM, paulstrgn said:

Do you work from home? If not I would think you would not qualify for SMCs for housebound. JMO

Normally I have to drive in to work daily.

[Vync]

15 hours ago, Buck52 said:

They will likey deny him if he is working or can work.

100% P&T. Haven't worked since April 5th. Hoping I can get approval to return to work later this month. I asked about the likelihood of SMC-S to potentially cover the months of lost work.

[Vync]

21 hours ago, GeekySquid said:

What is this rating for and is the other 60% rating a secondary to this rating?

I take it you are not TDIU.

Broncovet is right, there has to be one distinct rating for 100% P&T AND a separate 60% rating that is not secondary to the 100% rating. Say you have a 100% PTSD rating AND a secondary of Sleep Apnea at 100%. You would not be statutory SMC(s).

But if the SA was from a different nexus you would be statutory SMC (s).

if your 60% (or more) rating is a combined rating, none of the parts can be secondary to the 100% rating.

Not TDIU, but am P&T.

No single 100% rating. The single 60% rating is by itself (not secondary to anything and nothing is secondary to it).

[Vync]

18 hours ago, broncovet said:

Buck...

    Sorry, no.  Statuatory housebound is very specific and requires a "single" 100 percent rating.  Ratings combining to 100 percent do not suffice for statuatory housebound.  

Source:  M21 Mr:

Just in case, I filed a claim for my heart attack (still in the works). After having one you are automatically given a single 100% rating for three months.