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SMC-S, Returning to work Question

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LanceJoseph

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So I have called peggy more than once, also the DAV. No one can seem to answer my question. I was rated TDIU P&T + SMC-S by a BVA decision in late 2017, I recently filed for an increase on my knees & back which have gotten progressively worse since the last C&P in 2013. From that request of increase I am now rated 100% P&T.

I have been in Voc Rehab for the past two years and trying to get myself to at least a part time position, I am still young and I want to be productive, Not saying those that cant work aren't but when i was volunteering it was a horrible experience, I was bossed around and treated worse than cheap labor and when I couldn't do something I was ridiculed for it (this was at a VA hospital). My question is if I return to work will the VA consider my SMC-S an overpayment?

The DAV says I was given SMC-S due to housebound and also the Over 60% rule (which no longer applies). I was also told that my SMC-S will never be treated as an overpayment because it wasn't my decision on whether I received the benefit or not. I am not worried about losing the SMC benefit, I am more worried about the VA sending me a letter that I owe them a ridiculous amount of funds. Also if there is anyone that can give me some advice on how they would return to work or their experiences? Do I need to contact the VA when I return to work?  On my benefit verification page it has check marks for both 100% TDIU and that I am 100% P&T. 

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Your IU may not be moot after getting scheduler.  Your IU might be used to calculate your SMC.  If you are disabled and entitled to IU due to one condition then you can qualify for SMC without have a single 100% scheduler condition.  If you return to work under this situation you lose your SMC.  Depending on the circumstances, how long and why you were on TDIU the VA may take a dim view of you returning to work.  I am in such a position.  I am 100% scheduler and IU for a single condition and receiving SMC.  I just came off of a medication and might be able to work and might not.  I would never know until I tried.  The only thing holding me back right now is that my education is stale and I would need to retrained at sixty before returning to my old field.  My skills are skills that become outdated.  

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When/if you return to work, the VA will more than likely want to review what contention/rating you are IU for, and then attempt to downgrade it because you are working.

If your work is not considered "gainful employment" (less than a certain amount per year) or is a sheltered environment tailored to your needs, then perhaps it won't be revisited.

If you no longer are eligible for the 60% rule, and are being compensated for SMC-S, I would separate the amount of SMC into savings and not touch it, until an adjustment/correction is made. Be sure to document your correspondence and attempts to communicate the error with the VA. "C.Y.A."

They won't regard SMC as "overpayment" otherwise, unless the argument regarding your claims is - fraud. Then yes, they will attempt to recover anything you stood to gain because of said fraud.

I'm not saying this is your case, but that it has obviously happened in the past.

Edited by awgv001
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2 minutes ago, awgv001 said:

When/if you return to work, the VA will more than likely want to review what contention/rating you are IU for, and then attempt to downgrade it because you are working.

If your work is not considered "gainful employment" (less than a certain amount per year) or is a sheltered environment tailored to your needs, then perhaps it won't be revisited.

If you no longer are eligible for the 60% rule, and are being compensated for SMC-S, I would separate the amount of SMC into savings and not touch it, until an adjustment/correction is made. Be sure to document your correspondence and attempts to communicate the error with the VA. "C.Y.A."

They won't regard SMC as "overpayment" otherwise, unless the argument regarding your claims is - fraud. Then yes, they will attempt to recover anything you stood to gain because of said fraud.

I'm not saying this is your case, but that it has obviously happened in the past.

This is where I am confused though, every one I have talked to (Peggy and DAV) says I am rated at the 100% P&T level, with no future exams scheduled, which makes my IU moot and that returning to work will have no bearing on compensation. I guess I wont actually know until I hear from them. 

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1 minute ago, LanceJoseph said:

This is where I am confused though, every one I have talked to (Peggy and DAV) says I am rated at the 100% P&T level, with no future exams scheduled, which makes my IU moot and that returning to work will have no bearing on compensation. I guess I wont actually know until I hear from them. 

For clarification then, do you have at least one contention rating of 100% alone?

I assume this used to be the case because of the "Housebound" status.

If it was reduced to say 70% but would have 0 impact on your 100% P&T rating, then yeah, I suppose you would no longer be IU, but still hold the P&T.

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  • HadIt.com Elder

If you are 100%scheduler you can work and make what ever you want to   its the being rating IU  is when you are not suppose to be workin gunless under special circumstances.

So if you know for sure they made your IU Moot and granted to 100%scheduler   then you can keep that and work. 

check with the VBA and ask them  to be sure?

they can pull up your file and see exactly how the VA has you Rated.

jmo

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Just now, awgv001 said:

For clarification then, do you have at least one contention rating of 100% alone?

I assume this used to be the case because of the "Housebound" status.

If it was reduced to say 70% but would have 0 impact on your 100% P&T rating, then yeah, I suppose you would no longer be IU, but still hold the P&T.

My TDIU was based on a mental health 70% rating, this made me eligible to SMC-S due to both the 60% rule & Housebound (or atleast from what I've been told). My knees are rated at 40% and back & shoulder at 20% from the most recent increase, this is was brought me to the 100 P&T. 

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