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100% ptsd .. can I qualify for Homebound or SMC

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MCveteran1

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Hi!

So, a couple of things.  You can qualify for SMC S, which is the Homebound rate, if you have a single disability rated at 100% and another disability or combination of disabilities that total at least 60%.  You don't need anything else and your employability is immaterial.  You can work full-time and still qualify for SMC S if you have 100% (single disability) and at least 60% (single or combined disabilities).

However, employability can be a factor in SMC S.  The only way it's a factor is if you are rated unemployable on a single disability.  That unemployability rating based on a single disability counts as your 100% single disability.  Then, you still have to have a total of 60% separately from that unemployability rating.  If you do that (I've done that) then you will lose the unemployability rating and the SMC S if you end up with gainful employment.

Another note:  VA will not process an unemployability claim from someone who is a natural 100%.  It's a waste of time and other resources.

Phury

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53 minutes ago, Phury & Rhage said:

However, employability can be a factor in SMC S.  The only way it's a factor is if you are rated unemployable on a single disability.

I am not disagreeing with you but I want to make something clear. You are addressing an IU or TDIU rating not a 100% Schedular rating in this section. some new folks reading this might not know the difference.

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You can qualify for SMC S provided that you meet the criteria for SMC S.  

There are 2 roads to SMC S, not one.  

1.  As explained above, if you have 100 percent plus an additional combined 60 percent, seperate and distint from each other, you should get statuatory SMC S.  

2.  OR, if you are "substantially" confined to your home and can not leave your home "for work".  Read this:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

 

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''Quote from Richard 1954'' *

''TDIU does not qualify any veteran for SMC L ( Aid & Attendance)''

''TDIU is only considered for housebound if the TDIU was granted based on one medical disability,  and only if the veteran has an additions separate 60%  or more rating for a different condition.''

''Factually, a 100% rating is not required for Aid & attendance,  the only requirement is that the veteran must show that they need assistance with daily living. ''

''If a veterans has two scheduler 100% ratings and is awarded aid and attendance,  one of the 100% ratings will qualify the veteran for A&A at the M level. ''

 

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On 8/26/2019 at 8:05 PM, Phury & Rhage said:

Another note:  VA will not process an unemployability claim from someone who is a natural 100%.  It's a waste of time and other resources.

Actually, this is no longer true,  Bradley V Peake makes it possible to have both a 100% rating and an award of TDIU.... because it some cases  is possible to get   SMC S , Housebound with  TDIU and a 60% separate rating, and still not have the  separate 60% ratings to get it with a 100% secular rating...    

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7 minutes ago, Richard1954 said:

Actually, this is no longer true,  Bradley V Peake makes it possible to have both a 100% rating and an award of TDIU.

isn't that a rather misleading way to state the reality of that situation?

A veteran whose conditions give them 100% Under TIDU and they then have another 60% can get SMC (s). great.

If that veteran has an increase in rating of his condition(s) to the point he becomes 100% Schedular loses the TDIU status UNLESS they merit additional benefits only possible under the previous ratings that were awarded TDIU and allowed for SMC(s).

If that veteran would LOSE money by being bumped to 100% Schedular, they keep their TDIU rating, even though the math on the increase rises to 100% schedular.

That veteran should still be under the control and limits of TDIU. This will hold until the veteran has enough other ratings increase to the point they are Schedular 100% AND have enough to grant SMC(s)

 

 

Edited by GeekySquid
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