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

[Buck52]

OIC  OK

Well your the luckly one that has got a letter telling you you don't need to send in the questionnaire letter 21 4140..because of your age?

I never recieved this letter from my R,O. or VA (NOTHING)

I am 68 TDIU P&T and still send in the 21-4140 every year    on the advice of a  Accredited Certified VA Claims Agent...because without that letter and If I don't send in the 21-4140  they can call me up for a C&P and try to reduce my IU...So until I get that letter telling me I don't need to send in the 21 -4140  I am sending it in..I've sent one in every year now for the past 18 years.

I ADVISE ALL VETERANS THAT ARE ON TDIU P&T THAT HAVE NOT RECEIVED THIS  TYPE LETTER THAT ALLAN RECEIVED  YOU BETTER SEND IN YOUR 21 4140-1

[allansc2005]

@Buck, I posted the new law about not having to file the 21-4140 here on hadit sometime earlier this year.

You might call the VA 800 number tomorrow and see if you don't have to file anymore, and being TDIU P&T, I'm willing to bet you don't need to file.

Allan 2-2-0 HUAH!

 

fThe new law for not having to file a 21-4140 for those who are TDIU P&T is: M 21-1 IV.i.2.F.5

Edited December 1, 2019 by allansc2005

[Dustoff1970]

I finally past the 20 plus year mark on my TDIU P&T rating and therefore VA cannot reduce or terminate my rating now unless they can prove I committed fraud on obtaining this rating.  I suspect some of you are now in this same category.  The rule/law is easily found in the 38 CFRs.  They stopped sending me the 2141s many year ago after I past age 55. Cheers

Edited December 1, 2019 by Dustoff 11

[Buck52]

 Yes I heard we don't need to send it in anymore probably 10 years ago or so   but I have not recieved a letter on it  and until I do I'll send it in  with a return receipt  like I have for 18 years now  I totally do not trust the VA  AND NOT HAVING A LETTER TO SHOW WHY I HAVE NOT BEEN SENDING THE 21 -4140 IN   WELL I just don't trust them.

I AM GLAD FOR YOU THE VETERANS THAT HAVE RECEIVED THIS LETTER OR GOT THEIR 20 YEAR PROTECTION RULE IN  ...I' JUST DO NOT TRUST THE VA IN ANYWAY SHAPE OR FORM...I STILL NEED 2 YEARS FOR MY COMPLETE PROTECTION  i HAVE  THE 20 YEARS IN UP TO MY 50% RATINGS. BACK TO 1999 I first filed in 1998 but appeal the denial from a 0%sc rating and got the 50% in1999

Dustoff 11 is correct as to how they calculate the math and our body's

Allan I coutulated your ratings at 88.71298048%  Rounded out at 90%  you are correct.

I notice you have 2 ratings @ 0%   if you had one more 0% rating  you can add an additional 10%  3 or more 0%sc ratings qualify for a 10% rating.

so where do you or how do you come up with the 190% total combined ratings?

IF THESE RATINGS THE ONES YOU JUST PUT UP THAT ADD OR ROUND OUT TO THE 90% AND THIS IS HOW YOU GOT THE TDIU P&T   THEN THERES ANOTHER 80% or 90%  to equal the 190% RATINGS YOUR NOT ACCOUNTING FOR?

Unless you mean by your math the 190% is what you came up with just adding them all together if it is then I do understand how you came up with the 190%

 

If you go to your C&P Tomorrow make sure you take copies of your medical records and Dr's reports in your favor  the examiner may or may not have them  if he don't then you can pull them out and show them. 

I wish you the best and they give you your increase and they are more than what you expected,  be sure and tell them you would like to be rated to the highest rating allowed by law that your conditions show according to the rating criteria for each condition your asking for increase on.

you might want to look up your rating criteria for each of your conditions according to how bad the Dr's say they have increased so they won't low -ball you.

Good Luck at your C&P  I HOPE YOU DRAW A GOOD EXAMINER VETERAN FRIENDLY.

Edited December 1, 2019 by Buck52

[paulstrgn]

Buck I never knew about the three 0% will = 10%, that is good to know. I had an extra 10% that I never knew I had...haha

[paulstrgn]

How does it work if you have eight seperate 0%? Just wondering is all.