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)

[jbasser]

Broncovet is on point. SMC S has 2 doors. One door is the need for actual housebound because of Service Connected disabilities. Door number 2 is to be rated Total either 100 percent P and T or IU and have an additional disability of 60 percent. 

To be eligible for the higher level of SMC's one must be awarded aid and attendance. If you do not have that, you can be 1000 percent and still get paid at the S level.

 

[Buck52]

21 hours ago, jbasser said:

Broncovet is on point. SMC S has 2 doors. One door is the need for actual housebound because of Service Connected disabilities. Door number 2 is to be rated Total either 100 percent P and T or IU and have an additional disability of 60 percent. 

To be eligible for the higher level of SMC's one must be awarded aid and attendance. If you do not have that, you can be 1000 percent and still get paid at the S level.

 

Yes I understand this  but what defines the veteran housebound? 

I have the 100% plus the other separate & distinct  S.C. 60%  disability and the rater did apply the SMC S Housebound  because of these new ratings...ok I am not house bound I can still leave my home, mostly to the drug stores and grocery stores I have to I am the only one that can get out and drive..

The VA assumes we can not leave our house with these Type /Kinds of ratings 

 my point is my sc disability does not make me unable to leave my house.

I have difficulty at times with my sc disability's  but I make do  I simply have to, we got no one else to do these things for us.

I think if a Veteran can walk around or even hobble around or has profound hearing loss  (which is my case)  he can still get out and leave his house.

Housebound should be for the Veteran's that can't do this what so ever, so when we get a single disability and rated 100% for that disability  and another separate s.c. disability 60% or higher  that don't  necessarily mean we can't leave our house.

My reason for asking this   I heard through the grapevine that if a Veteran is granted the TDIU  rather or not he is 100%  or if he is less than  100% if he is granted the IU he is eligible for the SMC S housebound and is grated the SMC -S but needs a Dr to say in his medical opinion this veteran is housebound due to his sc disabilities.

WELL I WAS GRANTED THE TDIU back in 2003 and was not granted the SMC S HOUSEBOUND AND was needed to know if I was eligible for the SMC S Back then  for some retro? but I had no Dr to give his opinion as to due to my disabilities  this Veteran is housebound.

I WENT FROM 2003 TO Oct 2015  and filed another claim and was rated 70% for that ..ok they granted me the SMC H.B.

i DO HAVE DICULFTLY AT TIMES WHEN i AM OUT OF THE HOUSE DUE TO BOTH OF MY S.C. DISABILITES  BUT I DO LEAVE MY HOUSE.

But I also have enough sense to not let them know other wise and there are times I can't leave my house due to my sc disabilities but not all the time 24x7

I guess if a Veteran can pay a private Dr IMO to give his medical opinion  that due to  his service connected disabilities  he is housebound  and they get the SMC S Housebound . rather or not he is actually Housebound

And if the truth was known you would see this veteran leave his house when ever he wanted...Well to me this is not being honest with your self and a disgrace to the veterans that need it but can't get it.

When ever I see a Veteran that is in a lot worse shape than me due to his sc disabilities  but only rated peanuts  it makes me feel sick.

I guess there's a big difference between deserve and eligible & Integrity .

Edited November 27, 2020 by Buck52

[jbasser]

1 hour ago, Buck52 said:

Yes I understand this  but what defines the veteran housebound? 

I have the 100% plus the other separate & distinct  S.C. 60%  disability and the rater did apply the SMC S Housebound  because of these new ratings...ok I am not house bound I can still leave my home, mostly to the drug stores and grocery stores I have to I am the only one that can get out and drive..

The VA assumes we can not leave our house with these Type /Kinds of ratings 

 my point is my sc disability does not make me unable to leave my house.

I have difficulty at times with my sc disability's  but I make do  I simply have to, we got no one else to do these things for us.

I think if a Veteran can walk around or even hobble around or has profound hearing loss  (which is my case)  he can still get out and leave his house.

Housebound should be for the Veteran's that can't do this what so ever, so when we get a single disability and rated 100% for that disability  and another separate s.c. disability 60% or higher  that don't  necessarily mean we can't leave our house.

My reason for asking this   I heard through the grapevine that if a Veteran is granted the TDIU  rather or not he is 100%  or if he is less than  100% if he is granted the IU he is eligible for the SMC S housebound and is grated the SMC -S but needs a Dr to say in his medical opinion this veteran is housebound due to his sc disabilities.

WELL I WAS GRANTED THE TDIU back in 2003 and was not granted the SMC S HOUSEBOUND AND was needed to know if I was eligible for the SMC S Back then  for some retro? but I had no Dr to give his opinion as to due to my disabilities  this Veteran is housebound.

I WENT FROM 2003 TO Oct 2015  and filed another claim and was rated 70% for that ..ok they granted me the SMC H.B.

i DO HAVE DICULFTLY AT TIMES WHEN i AM OUT OF THE HOUSE DUE TO BOTH OF MY S.C. DISABILITES  BUT I DO LEAVE MY HOUSE.

But I also have enough sense to not let them know other wise and there are times I can't leave my house due to my sc disabilities but not all the time 24x7

I guess if a Veteran can pay a private Dr IMO to give his medical opinion  that due to  his service connected disabilities  he is housebound  and they get the SMC S Housebound . rather or not he is actually Housebound

And if the truth was known you would see this veteran leave his house when ever he wanted...Well to me this is not being honest with your self and a disgrace to the veterans that need it but can't get it.

When ever I see a Veteran that is in a lot worse shape than me due to his sc disabilities  but only rated peanuts  it makes me feel sick.

I guess there's a big difference between deserve and eligible & Integrity .

The actual wording in the statute does not mention 100 percent. It states Total plus 60. Statutory housebound is solely based upon a total rating as in TDUI (The first word is total)  plus 60 meaning according to VA math a veteran has a single 60 or combination adding up to 60 using the world famous VA math. With this statute you do not have to be physically housebound.

You do not have to be confined to your home. In the event you are confined one would likely qualify for a higher rating requiring the aid and attendance of another person or SMC L. This lies in the fact that SMC L opens door number 3 and the hallway leading to advance or higher level of Special Monthly compensation. 

[Buck52]

jbasser quoted

''The actual wording in the statute does not mention 100 percent. It states Total plus 60. Statutory housebound is solely based upon a total rating as in TDUI (The first word is total)  plus 60 meaning according to VA math a veteran has a single 60 or combination adding up to 60 using the world famous VA math. With this statute you do not have to be physically housebound.''

Ok this is how I was rated. But I was not rated the SMC S H.B. when I got my IU STATIC  W/P&T UNDER THE 100%  I WAS 90%COMBINED AND WAS GREANTED THE IU DUE TO MY SC DISABILITYS  BACK IN 2003  EED 2002.

I REALIZE HOW THE 100% PLUS 60% WORKS FOR THE  SMC 1-S IT ALSO APPLIES TO THE VETERAN THAT IS IU UNDER THE 100%

Question ,  is it a statutory rating and they were suppose to grant the SMC 1 S to me back then? OR AFTER 2008?(Regulation changed)

but they did not because I didn't have a Qualified Dr medical opinion that he says I am housebound due to my s.c. disability  that made me eligible for the IU./W P&T

Could I Appeal the SMC S H.B. that they never granted me back then for the TDIU P&T?  EVEN IF I NEVER APPEAL IT WITHIN THE YEARS LIMIT OF THE NOD.  OR EVEN APPEAL THE EED  IF IT WAS WRONG. OR REOPEN CLAIM?

..BUT IF VETERAN DON'T GET THAT APPEAL IN THEN HE FORFITS ANY WRONG DOING THE VA DOES  CORRECT?  BECAUSE OF THE NON APPEAL...DON'T THAT MAKE HIS CLAIM A ''Freestanding Claim'' AND THEY ARE NOT PERMITTED. TO DO A VETERAN APPEAL.

THIS WOULD NOT ACTUALLY BE A CUE  BECAUSE THEY CAN'T GO BACK TO REDO ALL THIS.  THEY ARE NOT PERMITTED TOO..OR OBLIGATED TO.

I DID READ A BVA CAVC CASE WHERE THIS HAPPEN TO A VETERAN  AND AFTER 10 YEARS OF APPEALS HE FINILLY WON  BECAUSE HE HAD FILED AN APPEAL WITHIN ONE YEAR AFTER HE WAS ADJUICATED  BUT HAD HIS RATING WRONG AS WELL A SHIS EED  HE KEPT GETTING DENEIED AND THEY FOUND WHERE HE HAD APPEAL DURING TH FIRST YEAR

Being I NEVER filed an appeal  this blows me out of the water  not a leg to stand on as for as any retro owed to me because they never  granted this SMC S  1 to me back then.

It might could if I had an Army of experienced Attorney's And Dr's  but even then I doubt it.

[broncovet]

Buck:   VA's definition of housebound "in fact" is that you are substantially confined to the premises.  If I recall, the VA has not defined "substantially confined", but I gave you the dictionary definition.  

To repeat, there are 2 ways to get housebound:

1.  Statuatory housebound.  You can leave the house as much as you like and still be statuatory housebound, provided that you have 100 percent plus an additional combined 60 percent seperate and disticht.  OR

2.  Your doctor can state you are "substantially confined" to your home.  It does not mean you can not leave the home, it means you are "substantially confined".  I gave the defination of substantially.  

 

[broncovet]

You asked:  

Quote

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

Yes.  But not without 38 CFR's and you did not want those.  

Quote

2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

Source:  https://www.law.cornell.edu/cfr/text/38/3.350

You can also find housebound information HERE:  (VA cleverly "mixes up" pension housebound and SMC S housebound in order to confuse Vets.  It sounds like their plan worked)  

https://www.va.gov/pension/aid-attendance-housebound/