Harris

[rita glenn-copeland]

Brother have been single rated at 100% unemployable since 1980 but has never received housebound.  Can someone answer whether or not he should have automatically received housebound (SMC) 

[Tbird]

I believe its 100% plus an additional 60% to get housebound automatically. but you can still request it.

[brokensoldier244th]

^^^^^^ this ^^^^^^ but the 60 can be combined. looks like you can get it with just 100 if criteria apply
 

 

https://benefits.va.gov/BENEFITS/factsheets/limitedincome/EnhancedorSpecialPension.pdf

Edited August 31, 2020 by brokensoldier244th

[Buck52]

If your 100% with TDIU P&T OR A COMBINED RATING AND WAS INFERRED THE TDIU P&T   . FROM 1980...ITS STILL THE SAME RATING.

Now with being TDIU P&T with no future exams scheduled. He will need another service connected condition separate from his original S.C..Condition, the rating must be 60% or higher  to qualify  for the SMC -S House Bound.

 

100% or IU  and another service connected condition or injury  rated at 60%  SMC -S H.B.

That should do it , but they only will pay retro back to when he filed for the separate condition  or when the Date VA first Receives  it.

[broncovet]

There are actually "2" different criteria for housebound, and he need only qualify for either one to get housebound:

1.  As mentioned, if you have a "single" 100 percent plus an additional combined 60 percent, seperate and distinct, you qualify for housebound (SMC S).  OR

2.  If you have a "single" 100 percent and are "housebound in fact", then he should qualify.   

      There are many cases on housebound, both BVA and CAVC.  At least one of these is very important, Howell.   

       Prior to Howell, if VA called you in for a C and P for "housebound" and you showed up, this meant you couldnt possibly be housebound because you went to the doctor for the exam.  Howell explains this is BS, pure and simple.  Instead of the requirement you "never" leave the home, it means you dont leave the home "for work".  Big difference.  See more here:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

      Importantly, Howell says it this way, in relevant part:

Quote

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.

 

In short, go for it.  Or appeal, if denied.