Criteria for SMC -S HOUSEBOUND?

[Buck52]

Can anyone lead me to the SMC S HOUSEBOUND Criteria? NOT JUST THE SMC CRITERIA BUT THE HOUEBOUND CRITERIA.

I understand this SMC S H.B. NEEDS TO BE UNIFORMALLY SUITED TO THE DISABILITY UNDER CFR  3.350  (i)

What I mean about uniformly suited to the disability is like for PARALYZED VETERANS THEY ARE SUITED FOR HOUSEBOUND  ITS OBVIOUSLY HE CAN'T LEAVE HIS HOUSE ANY TIME HE FEELS LIKE  ON HIS OWN MAKING HIM HOUSBOUND.

Does a Veteran need to have his disability uniformly mention as a criteria? TO MEET THE HOUSEBOUND CRITERIA?

Meaning  the Veterans disability needs to be as he can't leave his house because of his S.C. Disabilities the disability needs to be chronic static and  of nature

example  veteran with severe hearing loss and is  S.C. For it at 80%  they award him TDIU BECAUSE HE CAN'T DO ANY TYPE WORK DUE TO THIS DISABILITY,

  OK UNIFORMLLY  HE CAN WORK AND DO SOMETHING   HE ALSO CAN LEAVE HIS HOUSE IF HE DECIDES TO   SMC s house bound is define as a veteran with one rated disability 100% and another sc disability at 60%  this meets the SMC S CRITERIA ....>BUT EXACTELY IS IT HOUSEBOUND?

Can anyone tell me the criteria for housebound? AND NOT JUST THE CFR 38. 3.350. - (a) -(z)

[Buck52]

On 11/23/2020 at 1:30 PM, GBArmy said:

Buck Yes, I believe that is correct. The doc has to specifically say you are "housebound." As to whether it is A&A or housebound for type os SMC (s), that should be called out on your dsability rating sheet. If you don't have one get a VSO to look in VBMS and get a copy of it for you.

I can't find any on my rating sheets that mention  the housebound  from when I was granted the TDIU P&T Back in 2003 

The only thing i can find that has why they rated  (what We Decide'') is that they say we granted you the IU because your S.C. Conditions meet the criteria for the IU.  OR something along those lines   noting about housebound is mention.

If I had known back then we need a Qualified Dr to state in his report   this Veteran is housebound due to his service connected disability 

I'd ask the Dr to write that down  but if this is not needed and its the rater responsibility   maybe he /she forgot to add in the SMC S Housebound at the time they granted the IU?  if its a statutory obligations for them to infer the SMC S H.B.?

SOME OF THE COURT CASES IS VERY CONFUSING.

MAYBE SOME VETERANS ARE JUST LUCKY THAT GET IT?

 

i FINALLLY GOT SMC S  but it took another filing of the claims that did it  with my already  TDIU P&T  Later on some years later I filed another claim that was separate and distinct  rated 70%  which meet the criteria for SMC ...THEY DON'T SAY IF ITS HOUSEBOUND OR NOT?

My reason for want to know this  is if they should have inferred the SMC back when they rated my TDIU P&T  IF i CAN FIND A REGULATION that says they should   that's what I need.   I don't think I have a MEDICAL RECORD THAT A DR SAYS ANYTIHING ABOUT HOUSEBOUND?

[GBArmy]

Buck Just spitballing here. I wonder if it is a CUE if the VA  fail fails to apply smc's, based of course on your record? If it could be then I would just run it by CC&K or one of the big law firms and see what they say. I mean, you have it awarded as a seperate action way after and there isn't any threat to lose it or anything. It would be like new found money, so giving some up to a lawyer who helps you win isn't the worse thing in the world. I'd give it a try.

[Buck52]

GB Army

I DON'T THINK THIS WOULD  BE A CUE!!!

i just don't fit the uniform standard for the SMC,H.B. UNIFORM STANDARD is  that the 100% veteran or the IU veteran must have documentation that his service connected disability  is so severe  he can't leave his home  >making him meet the criteria for the SMC S house bound.

I am supprised hearing loss vets gets this SMC homebound,?

I have a 90% hearing loss 10% Tinnitus  with P&T and was rated static in nature  not expected to improve in veterans lifetime  no future exams scheduled   but I never had a Dr stating I was housebound  because of my hearing loss !  Although I can't hear at normal speech, everything I hear has to come through my aids or head phones  and that's with the volume turn up as for as I can get it.

 However ,I do leave home,  my hearing loss don't prevent me from going to the grocery store , I have to because my spouse can't drive anymore due to her disability's

So in essence  my service connected 90% hearing loss is not a uniform standard for the housebound Veterans  if this is the case I may as well just drop this whole thing.

uniformly speaking is like I think they mean the Veteran is so messed up with his Injury's  like missing both legs  or arms  or layed up in the bed Bedridden they call it , because of his S.C. disabilities,  Now that type of Veteran sure enough can't leave his house  making him HOME BOUND.

As I think they think my hearing loss don't make me housebound...Now I do have housebound  they  granted that when I was service connected for PTSD AT 70% at a later date.

This is when I did meet the SMC CRITERIA with a 100% rating  and another separate condition different form  hearing loss  which is  a 100% and then a 60% meets the criteria for housebound  so the rater granted me the SMC HOUSE BOUND...I had  it since  Oct 2 2015 i DO HAVE PROBLEMS GOING OUT IN PUBLIC AT TIMES WITH THIS CHRONIC PTSD..GOOD DAYS AND BAD DAYS LIVING WITH THAT.

 

The reason I was checking on this is because they get it now just with IU, with a single  S.C disability. And I was thinking hey I never got the SMC S HOUSE BOUND back then in 2003  so if I was entitled to it   why not try to recover all that retro    347.00 month for the next 12 years for me 

I started getting it in 2015  So if I was entitled to it back then  that  would be 2003  to 2015  years of retro  not a bad hunk of change, but it  looks like I am not going to get that.

Edited November 25, 2020 by Buck52

[GBArmy]

Totally get it. That would be a lot of beans! Can't blame you for going after what you think is your benefits.

[broncovet]

Buck...most were not lucky, they got it like I did..after fighting for it.  You have to be persistent, not so much lucky.

[Buck52]

Yeah after reading and getting more information on this  reading old BVA Cases and CAVC  and finding out this is case that most likely will never be accepted because this would be a ''Freestanding Claim'' and not Permitted  because I never filed an Appeal within one year after Adjudication and let this go on for years before I caught it .

CUE maybe but a lot of hard work time and a lot of digging  at my age I don't have the time to worry and wait  like we all have to do. CUE would be a 1 in a 1000 chance So just let the old sleeping dog lay.

I am not going to file on this  because its just a waste of everyone's time.

However All is not lost

 I did gain a lot of experience reading some of these old cases.

Thanks Everyone.