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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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Vync

Would I qualify for SMC-S / housebound?

Question

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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Posted (edited)
11 hours ago, Richard1954 said:

Based on what you posted you do not have one condition rated 100% alone so you would not qualify for housebound unless it was based on the actual need.

If your heart condition was not service connected.. you will not get housebound either... 

Now if it is rated service connected,  you may get housebound back to the date of the claim but only if it is rated 100%.

Housebound can in fact be awarded temporary if you have a temporary 100% rating.. otherwise no it will not happen....

I believe if a veteran is getting 100% compensation but don't have  a 100% sc condition but has a combined ratings  up to the 100%  and another condition 60% say his heart condition  that would qualify him for the SMC-S  H.B.

This would be 100% Plus the other 60% separate.

I was 60% then got a 30%increase to 90%   and then 10%for tinnitus   this was a combined rating of 90%...years later filed for another  s.c. condition and got a 70% rating...they gave me the SMC S H.B. and a 100%  final degree rating.

Edited by Buck52

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Posted (edited)
49 minutes ago, Buck52 said:

I believe if a veteran is getting 100% compensation but don't have  a 100% sc condition but has a combined ratings  up to the 100%  and another condition 60% say his heart condition  that would qualify him for the SMC-S  H.B.

Sorry Buck.. but this isn't correct.... See:

Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

 (1) Has additional service-connected disability or disabilities independently 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 service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

 

This also includes those that have TDIU based on one medical issue rated 60%  or more  based on the bradley v Peake rule....

 

Edited by Richard1954

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Posted (edited)

 Your basing your answer on SMC S H.B. Alone.

There's different ways to quailfiy for SMC

The VA will give more benefits for combinations of any of these disabilities (loss of sight and loss of a hand, for example). The amount received in these cases depends on the specific combinations of disabilities. If a veteran has other service-connected disabilities in addition to those described above, an even higher amount of VA Special Monthly Compensation may be considered.

Special Monthly Compensation Housebound Status

Special Monthly Compensation can also be granted for housebound status. If you are unable to leave your home because of your service connected disabilities, you may be entitled to this benefit. You’ll need a letter from your doctor or from friends or family members who can attest that you’re housebound. Being “housebound” also includes being unable to leave your hospital ward or care facility.

To qualify for housebound SMC benefits, you must have at least one disability rated at 100 percent, either schedular or with individual unemployability, with at least one additional, unrelated disability rated at 60 percent or more. yes I agree with you on this.

If you are granted individual unemployability (IU), it must be based on a single disability to qualify for special monthly compensation. If you’ve been granted IU, but haven’t been granted special monthly compensation based on housebound, we can help you request those benefits.

Remember, SMC is given instead of the standard VA disability rates except in special circumstances. The VA Special Monthly Compensation Rates Table defines exactly how much a veteran will receive for SMC.

The VA should automatically grant you SMC if you qualify, but there are cases in which they overlook information and fail to give you the benefits you deserve. Our team of veterans’ law attorneys can help you claim those benefits

Edited by Buck52
took wrong member name off.

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4 hours ago, Buck52 said:

your basing your answer on SMC S H.B. Alone.

Actually what I did was address the question that was asked... nothing in the original post indicated any thing about loss of sight or loss of a hand... as you put it ... it was a question concerning rules for an award of Housebound SMC S..... 

And there was nothing in the question concerning any other Special Monthly Compensation ( SMC) 

 

 

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