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Do I qualify for SMC-S


MFZ

Question

 I am 100% P & T for a service connected aortic aneurysm.

I am 10% SC for hypertension.

I am 20% SC for painful surgical scars , bilateral lower extremities.

I am 30% SC for ischemic stroke with right homonymous hemianopia.

I am 10% SC for tinnitus.

I am also 0% SC for bilateral hearing loss.

I am also 0% SC for peripheral vascular disease of the right and left lower.

I represent myself , so I need advice as to if I qualify for SMC-S and if I do, how to go about filing for it.

 

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You might be eligible for SMC S under the Housebound criteria.

I mentioned my SMC CUE was granted for both Housebound and 100 plus 60 independent.

My husband's 1151 ischemic brain stem stroke caused him to be Housebound.

This was awarded in his posthumous Ischemic AO Heart disease.death award.

This vet was granted under CUE for Housebound in this 2021 BVA decision:

"3. Entitlement to revision of the November 2012 rating decision based on CUE is granted, and entitlement to special monthly compensation (SMC) based on housebound status is granted, effective January 5, 2012."

https://www.va.gov/vetapp21/Files11/A21018836.txt

Lots of info here on SMC S Housebound under a hadit search. It pays the same as 100/60 SMC S 

"I am 30% SC for ischemic stroke with right homonymous hemianopia"

Did that cause you severe vision impairment?

I assume it caused effects to your basilar artery-

Similar to my husband= multiple TIAs under 1151, causing visual problems-when  major stroke cause his basilar artery to be affected-at that point  he could no longer drive, but that was only a small part of the Housebound status and my extensive medical evidence for Housebound SMC S as well as 100/60- SMC S.

 

Edited by Berta
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A review of your listed disabilities would be broken down by VA for SMC S purposes thusly:

Your cardio problems fall into The Cardiovascular System (§§ 4.100 - 4.104). Aortic aneurysm is rated as 100% under DC 7110. Hypertension, if due to a heart issue is rated under DC 7007. If due to a vascular disease process such as Diabetes Mellitus type II, under DC 7101. Regardless, both are considered part of the cardiovascular ratings. Your ischemic stroke with right homonymous hemianopia is, again a product of the cardiovascular system. I suspect it is rated as an intraocular hemorrhage under §4.79 DC 6007. On this one, VA may say it's a  part of the stroke which would again still be in the cardiovascular arena but since it is rated at 30%, I expect it could be an eye rating under §4.79 DC 6007 for intraocular hemorrhage or for loss of visual field. 

In addition, you have lower extremity scars bilaterally, presumably due to your peripheral vascular disease. Scars are rated under skin (a separate and distinct issue from a cardiovascular disease) involving a different bodily system. Skin is rated under §4.118. Lastly, you have tinnitus which is rated under §4.87 DC 6260.

In sum, you have 30% for the eye, 10% for scars plus 10% for De Luca Pain bilaterally and 10% for the tinnitus. Using §4.25, you can see 30% + 20% + 10% = 50%

Without a doubt, due to the cardio issues all being part of the same bodily system, you will not have enough to reach 60% or more based on separate and distinct ratings from the cardio. Which is not to say you couldn't file for other disabilities secondary to the cardio such as a MDD which is separate and distinct (mental under §4.130).

Personally, I don't see anything that could ever rise to the level of a CUE here. I've done hundreds of SMC CUEs and every one of them was a failure to infer the highest SMC entitlement under Akles v. Derwinski precedence without having to be prodded with a pitchfork by the Vet to grant it. VA generally will declare CUE on themselves when I catch them at it and then write a new rating decision granting the proper SMC. In your case, you simply don't have enough ratings that are separate and distinct that equal 60% or more to qualify. 

Best of luck, sir.  

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When you got the 100% P&T they should have already looked at all of you %s to see if you were eligble.  I think you just need to send in to ask them to look at it.  I am sure someone here can give you a direct path, but I am sure there is a way when applying for benefits.  

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Yes Shrek the Tank is right.

Can you scan and attach the decision to include it's date, and also the Evidence list?

Cover your C file #, name , address ,prior to scanning it.

You did Very well, so far, by representing yourself.!!!!!

What was the cause of the  aortic aneurysm?

I ask this ,to see if there are secondarys in the other ratings, and/or  if they are all independent of the main 100% P & T , to see if they should have considered SMC.

They might well have committed a CUE,if they should have considered SMC.

Plenty of CUE info here at hadit.I had a SMC CUE granted.

The rating sheet clearly showed my husband was 100% P & T for SC PTSD and also had a 1151 stroke rated at 80% then up to 100%.

They awarded SMC under both theories SMC Housebound and 100 P & T olus 60 or more-independent of the PTSD.  They properly paid retro for one theory.

 

 

 

 

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48 minutes ago, asknod said:

I've done hundreds of SMC CUEs and every one of them was a failure to infer the highest SMC entitlement under Akles v. Derwinski precedence without having to be prodded with a pitchfork by the Vet to grant it

Thank you asknod I have been looking for a court case that address this.

All I had was the cfr smc is to be based off your record and granted by the record.

And the maximize my claim.

Now I have a court case to add to my brief.

That they should have inferred smc when I was granted tdiu and when I was granted extra schedulers tdiu.

This is my whole case. An what I have been saying.

Sorry for jumping on your post 

But I just got happy when I seen the case I need.lol

 

 

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My advice would be to file for an increase which may result in enough to meet the 100 plus 60, seperate and distinct criteria.  

Also, see if there is anything in your medical records where a doctor may have said you were housebound in fact, that is, substantially confined to your home.  

So, seek the increase and apply for SMC S.  Lastly, given your level of disabilties, do you need the care of others?  (Yes, it can be a family member).  

If that is the case you may qualfiy for SMC L, (aid and attendance)which is more than SMC S.   GIVEN YOUR STROKE, YOU MAY QUALIFY, BUT THIS would likely need to be determined by a doctor with a c and p exam.  

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