SMC S and CCK law

[broncovet]

CCK law has a post which states:

 https://cck-law.com/blog/special-monthly-compensation-explained/ .   In relevant part:

Special Monthly Compensation under Level S is given if...;.....

• ......The veteran has at least one condition rated 100% AND another, unrelated condition rated at least 60%. The second (60%) disability does not have to be service connected. The second disability must be from a different bodily system (for example, both disabilities cannot affect the arm).

   end CCK blog quote.  

       This is in conflict with 38 CFR 3.350, which states, in relevant part:

...

Quote

i) 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

Can anyone here explain this discrepency?  I have emailed Alex, so maybe he will respond.  

My VARO decision is more consistent with 3.350:

5. Entitlement to special monthly pension based on Housebound.

While not specifically claimed or appealed by the veteran, de novo review of the
evidence in connection with his Notice of Disagreement shows entitlement to special
monthly pension based on Housebound.
Entitlement to special monthly pension based on Housebound is granted where the
veteran has a single disability evaluated at 100 percent and has other disabilities that can
be independently evaluated at a separate 60 percent evaluation; or when the evidence
shows the veteran is Housebound "in-fact."
The veteran meets the criteria for special monthly pension based on Housebound as of
DD-mm-yy, the date his VA treatment reports show he began use of a CPAP
machine for treatment of his nonservice connected sleep apnea (warranting a 50 percent
evaluation for pension purposes) as the veteran has a single disability evaluated at 100
percent disabling as of his date (i.e., his service connected depression) and his other
service connected and nonservice connected disabilities (including his nonservice
connected sleep apnea) combine to an independent separate evaluation of 60 percent.
Therefore, entitlement to special monthly pension based on Housebound is granted,
effective September dd-mm-yy.    

Please Note: While service connected disabilities and nonservice connected disabilities
may be used in determining entitlement to special monthly pension, only service
connected disabilities may be uses in determining entitlement to special monthly

compensation.

End of 2009 decision quote. 

Some of you probably know that VA will pay you compensation OR pension, but not both.  This makes no sense, above, because why did they "award" SMP pension, if no benefits are REALLY awarded since 100 percent compensation is always higher than pension.  

Edited November 27, 2019 by broncovet

[allansc2005]

@Buck, bronco.., et al.

 

Just finished up my 2 C&P exams for my ears/hearing.

Audiologist said I have "severe bilateral hearing loss", but said she's not allowed to give me the results.

 

Second C&P exam was with a Nurse Practitioner who evaluated me for increase for vertigo.

After looking in my ears, she had me do a series of stands, head back, eyes closed, and touching my nose.., which got me dizzy as hell.

Also, on 11/11/2019, VA Audiology fitted me for 2 hearing aids.

In addition to above, I'm already SC since 11/20/1990, for:

 

1. Hearing loss, right ear-0%

2. Perforated right tympanic membrane(ear drum)-0%*

3. Vertigo, with dizziness and staggering-30%

* Both ENT and Audiology doctors BOTH confirmed the perforation still exists.

 

So there you have it Buck and bronco. Now let's see what happens here in a few months.

 

Allan 2-2-0 HUAH!

 

P.S., Buck,

Yes I also submitted buddy letters, and all medical documents from doctors outside of the VA health system.

 

 

 

 

 

 

 

[Richard1954]

I find it comical that anyone would depend on a lawyers web cite for information... they are trying to entice veterans to use them for claims...ie: they want our money.. and any information on their cite right or wrong is placed there for one reason only.....I don't recommend  anyone taking any information from such a cite as gospel. I personally think its just a waste of time to entertain such information.

[allansc2005]

@Richard, I tend to agree with you, however, here at hadit.com, there are a few "resident" attorneys who care more about us vets than money.

Chris Attig comes to mind, and there are a few more.

I did have one HORRIBLE experience with one of the sponsor lawyer groups who advertise here, and I let T-Bird know about it.

Personally I've found over the years, Moi-Me-I.., am my own best attorney,and all you guys here on hadit have given me the knowledge, know-how, determination and experience to kick the VA's ass and take names!

So, thanks T-Bird, bronco, Buck..., and you Richard for all your help with fighting this "monster" we call the VA!

 

Allan 2-2-0  Second Infantry Division, Second To None!

 

 

 

 

[Richard1954]

6 minutes ago, allansc2005 said:

Allan 2-2-0  Second Infantry Division, Second To None!

When were you there... I was there  Oct 71 to Jan 73.... Camp Hovey and rotation to the Z  1/23 Inf

[allansc2005]

@Richard, 1976-1977 Camp Casey-TDC.1979-1980 2nd S&T(Next to 2nd Aviation) .

Was enlisted back in those days.

 

Allan 2-2-0 HUAH!