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Do I qualify for SMC-S

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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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  • Community Owner

Ok so I am confused I'm rated as follows;

 Your combined disability rating of 70%

Posttraumatic stress disorder with major depressive disorder 70%

Right knee degenerative arthritis, claimed right knee condition 10%

Status post meniscal repair, right knee 0%

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities:

You are considered to be totally and permanently disabled due solely to your service connected disabilities:

So from what I am reading the VA should have rated me as SMC S also?

Please check out the attached doc's

Benefit Summary.pdf Rated Disabilities _ Veterans Affairs.pdf

Edited by Rattler767
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I believe to get the SMC S housbound

You need to be 100% plus or TDIU P&T an additional 60% rating on a  seperate rating from your 100% or  the TDIU P&T

These disabilitys  ''%'' can add up to 60% will count....***....>if they are seperate from the conditions that got you the TDIU P&T

Can you get TDIU and SMC?
To receive SMC, you must have a 100% total disability rating based on schedular ratings or TDIU and an additional disability rated at or combining to 60% or more. However, if a Veteran wants to receive SMC and TDIU, the 60% rating has to come from a disability that was not a basis for the grant of TDIU.
Edited by Buck52
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See this is what I have been talking about.

There is housebound by fact.

It has nothing to do with the 100/60 stuff.

There are two ways to smc s.

Housebound by fact.

Is for veterans who can't leave there home to make a income.

Howell v Nicholson percendent

No one one to address this at the veterans affairs.

 

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From what I understand is you have to Apply for housebound?  As this does jump over the 100% plus 60% P&T.  They would not just automatically say since you are TDIU that you are housebound, but that you can't work.  

A veteran is considered to be housebound when:

  • Veteran is substantially confined to his/her dwelling as a direct result of service-connected disabilities
  • It is reasonably certain that the disability will persist throughout his/her lifetime
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Housebound in fact (HIF) and 100% plus 60 percent (combined) seperate and distinct, are 2 different animals.   

A.  100 plus 60, aka "statuatory housebound" does "not" require medical evidence to the extent that you either have 100 plus 60 or you do not.  (seperate and distinct).  

B.  Housebound in fact, DOES require medical evidence that you are "substantially confined to the home".  HIF pretty much always requires a c and p exam "unless" YOUR DOCTOR stated you are substantially confined to the home.  

    Indeed, the HIF/Aid and attendance  application form specifically states that an exam is needed (to determine if you are eligible for SMC L, or SMC S, or neither.   Read it:

https://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf

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Stop it what doctor can stated if you can't leave your home to make a income.

That is what the court rule as been confined to one home.

Howell v Nicholson percendent.

Just because they were try all that.

It over it percendent.

So the only evidence you need is to show you never been able to leave your home to make a income.

Tdiu veterans have to do employment questioners ever year.

And ss record show you have not left your home to make a income.

Any no exam.

I am at the court now an press this issue we will all see

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