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

[Carl the Engineer]

You only get 10% for multiple 0's if you DO NOT have any rated disabilities.  In other words, if you have a current rated disability, like tinnitus at 10%, for example, you can not get an additional 10% for having 3 non-rated disabilities.

I have at least 5 disabilities rated at 0%, but they mean squat since I am rated at 90 already.

Your best shot is to file increases for the zero's when they get worse.

** I believe the intent is to get the Veteran wtih multiple zero's into the VA medical system by giving them a 10 percent rating.**

My thoughts,

Hamslice

 

 

Edited December 2, 2019 by Hamslice
cause I can

[Buck52]

Hamslice  I believe they are 38.3.324   10%  for mulit- s.c. o%  but the kicker her is I think it has to apply to the veteran as being unemployed 

[ShrekTheTank]

17 hours ago, paulstrgn said:

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

@Buck52@broncovet@vetquest

So I have 9 Zero's so how does this work?  

[allansc2005]

@Buck,

 

Did you figure in my two SC 0%  when adding up my SC totals?

 

Allan 2-2-0 HUAH!

[Buck52]

to GET THE 10% IF YOU HAVE A FEW 0%SC YOU CAN CHECK  HILL & Ponton Attorney's  or CCK Law Attorneys,   if you have one 10%  then the other o% you can't get unless your TDIU  or Cant Work AND THE 0% IS IN PART OF WHY YOU CAN'T WORK

The Reason I mention this  is because Allan is TDIU P&T AT 90% COMBINED RATING

He needs another 50% to get him to the 100%scheduler  all your combined ratings will add up.  even the 10%ers

[Buck52]

Yes Allan I figure them in too and came up with the rounded #of 90%

Getting a 10% rating on the count if you have a few 0%  is somewhat contradictory and  confusing to say the least  I don't know how to explain it and I my self never received a 10% rating for a few 0%  but according to VA lAW VETERANS CAN GET THIS.

iT ALSO SAYS IN THE REGULATION THAT IF A  VETERAN HAS A 10% RATING  THEN HE IS NOT ELIGIBLE FOR THE 0% RATINGS TO GET A 10% RATING.

  HOWEVER IF THE VETERAN IS IU  THEN IF HE HAS  MULTI  S.C. 0% I  THINK 3 OR MORE HE SHOULD BE ABLE TO REQUEST THE 10% BECAUSE OF HIS 3 S.C.  O%

(JMO)

Edited December 2, 2019 by Buck52