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Would I qualify for SMC-S / housebound?

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Vync

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  • Content Curator/HadIt.com Elder

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?

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1 hour ago, Vync said:

No single 100% rating

@Vync

this is going to be the barrier to SMC(s).  Since you are not TDIU and don't have a rating of 100% for a single item then you don't pass the first barrier of SMC(s), which is statutory SMC (s).  Since you can work but are just off, you won't pass the barrier of actual housebound for SMC(s).

Hate to say it but it does not seem likely you would be granted this claim.

https://codes.findlaw.com/us/title-38-veterans-benefits/38-usc-sect-1114.html

38 U.S.C. § 1114 - U.S. Code - Unannotated Title 38. Veterans' Benefits § 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.

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1 hour ago, Vync said:

After having one you are automatically given a single 100% rating for three months.

hmm I was not aware of this factoid. Are you rated for other heart problems or is this just a general thing whether you are SC'd for heart stuff or not?

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Can SMC S be awarded for three months? Common sense would say yes, the real question does the VA use common sense when making their decisions? 

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6 minutes ago, paulstrgn said:

Can SMC S be awarded for three months? Common sense would say yes, the real question does the VA use common sense when making their decisions? 

good question and on point observation. Common Sense rarely visits the VA.

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  • HadIt.com Elder

sorry for the mis understanding on my part 

Vync quoted in above post

''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.''

I agree with broncovet.& Geeky.

I had thought Vync was 100%P&T total.

I stand corrected.

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  • Content Curator/HadIt.com Elder
On 6/8/2019 at 9:12 AM, GeekySquid said:

hmm I was not aware of this factoid. Are you rated for other heart problems or is this just a general thing whether you are SC'd for heart stuff or not?

I didn't know it either until I looked it up.

Quote
7006   Myocardial infarction:  
During and for three months following myocardial infarction, documented by laboratory tests 100
Thereafter:  
With history of documented myocardial infarction, resulting in:  
Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent 100
More than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent 60
Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray 30
Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required 10

I am not rated for any other heart issues, but do have high cholesterol, AFIB, and hypertension. I did file a previous claim for hypertension some years ago, but was denied. I recently learned that medications I have been taking for years are known to cause AFIB, and hypertension. Exploring those options...

 

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