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, I explained earlier how I came to MY 190% figure.

 

I'm not really not sure why the VA is sending me for a C&P exam. On 11/11/2019 THEY sent me to a local Audiologist for a hearing test, which I talked about here.

That test result was diagnosed as "Mildly severe  hearing loss", and I was fitted for hearing aids by the VA.

 

I'm currently 0% for hearing loss from 1990.

 

I've also developed tinnitus, which isn't included in my 1990 0% for hearing and ear problems.

 

Allan 2-2-0 HUAH!

 

 

[Buck52]

Paul this mostly applies to IU VETS

BUT A SCHEDULER RATED VET CAN ALSO GET THIS     READ THIS LINK FROM Hill & Ponton VA DISABILITY ATTORNEYS.

https://www.hillandponton.com/veterans-multiple-non-com-ser-con/

[Buck52]

19 minutes ago, allansc2005 said:

Buck, I explained earlier how I came to MY 190% figure.

 

I'm not really not sure why the VA is sending me for a C&P exam. On 11/11/2019 THEY sent me to a local Audiologist for a hearing test, which I talked about here.

That test result was diagnosed as "Mildly severe  hearing loss", and I was fitted for hearing aids by the VA.

 

I'm currently 0% for hearing loss from 1990.

 

I've also developed tinnitus, which isn't included in my 1990 0% for hearing and ear problems.

 

Allan 2-2-0 HUAH!

 

 

Right Allan I understand.

but if your just now going for an increase on your hearing  dated back to 1990 for a 0% rating...I am not sure what they will do if you do show a 50% increase in your hearing for all these  years,  they will more than likely go by the date you applied for the increase?? I AM NOT 100% SURE.?..WHAT MAKES ME THINK THAT IS  YOU BEEN GETTING COMPENSATION BUT IT IS NOT FOR YOUR HEARING LOSS or the 10% FOR TINNITUS  depending on the increase % ?

they will probably figure in what you been paid since 1990 to 2016 when you recieved the TDIU and make an adjustment if you get an increase for your hearing loss they service connected back in 1990 @ o % TO 50%  IT COULD BE A SIZEABLE AMOUNT OF RETRO OWED TO YOU..

i HOPE YOU GET A BIG RETRO CHECK.  broncovet would be the one to ask about this   because to tell you the truth I don't know?

Edited December 1, 2019 by Buck52

[allansc2005]

Buck, my 0% SC hearing loss from 1990 has paid me nothing.

So, to put this in perspective, I'm 0% hearing loss from 1990, 0 % perforated ear drum from 1990, and 30% Dizziness and staggering from 1990.

 

ALL these ear-related conditions have worsened, and I have the medical evidence to prove it.

NO increases from 1990 to today-Zero.

 

Lawyer thinks like you, BIG $$ retro, possible SMCs.

 

Bronco, your opinion?

 

Allan 2-2-0 HUAH!

 

 

[paulstrgn]

As always Buck you are correct...it applies to IU

[Buck52]

YES WITH WHAT YOU ARE RATED FOR NOW AT 90% AND YOU GET 50% FOR HEARING LOSS INCREASE  THAT WOULD BE ENOUGH TO ASK FOR THE 100% SCHEDULER  BUT UNFORTUNATELY THAT WILL NOT QUALIFY YOU FOR THE SMC.

..BUT YOU DO STAND TO GET A SIZEABLE RETRO CHECK  IF THEY GO BACK TO 1990 , BUT EXPECT THEY WILL USE THE DATE YOU FIRST FILED FOR THE INCREASE  *(JMO) I COULD BE TOTALLY WRONG.