Do I qualify for SMC-S

[MFZ]

 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.

 

[Rivet62]

14 minutes ago, Mr cue said:

Tdiu veterans have to do employment questioners ever year.

I think they stopped the questionnaire, and now they rely on the reports they get from SSA. Someone jump in if I'm wrong about that.

[Berta]

I a repeating I am sure what I already posted in this long thread or somewhere else - as to Howell.

You said "Housebound by fact.

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

Howell v Nicholson percendent"

That means that Every veteran with TDIU because they are unemployable, is due the HB benefit?

No way.

Can you give us  a link to the 
"percendent " decision that says that?

This is the only decision I can find and it is not precedent setting as far as I can tell, because it is not a final decision, it is a remand.

Howell V. Nicholson   (Vacated BVA and remanded )

https://www.uscourts.cavc.gov/documents/Howell_04-0624.pdf

Do you have any idea on the outcome of the Remand?

The VBM by NVLSP (2020-20210 has considerable info on SMC-however NVLSP Never cites Howell in their discuss on Housebound benefts.

I am sure if you have time and know how to use the BVA search feature you will find out whether Howell succeeded or not.

Maybe he got a strong IMO/IME , and submitted it to the , and proved he was Housebound or A & A.

BTW we had a veteran here long ago ( Terry Higgins -God rest his Soul) who was service connected for schizophrenia, chronic paranoid type.

He was very funny and also sued a VA administered Home for vets for negligence.

Terry was definitely not Housebound and didnt want to be- because he wanted to take his kids out a lot.  And he loved going to shopping malls and food stores.

He was VERY Happy to get a Cell phone when cell phones were invented because, as he said on our older hadit board, customers in line with him ,in stores, would look alarmed when he spoke back to the "little people" who talked to him in his mind, because, with a cell phone, he could  put to his ear, the customers would think  he was talking to real people.

I will snoop around to see what I can find at the BVA on the Howell Remand.

 

 

 

[Mr cue]

Ok if you read Howell 

The ruling on the case is that been confine to one home was to ambiguous.

Which mean It was Giving the VA to many ways to look at it.

So the court rule that been confine to one home.

Is not been able to leave to make a income.

They even address what Congress intended was for housebound by fact.

For veterans who disability stop them from making  a income.

 

Now if ppl want to put more in to than that fine. 

This Is how I read it.

this is what I am basing part of my case on.

And I just got deny because I can travel to medical appointments.

Same as Howell.

So we will see.

What doctor is go to be able to say u couldn't or can't leave your home to make a income. Or say you can.

I think when the veterans affairs  rules veterans tdiu .

that means you can't leave you home to make a income. What better evidence.  That's it nothing else to it.

If any one has read it what was Congress attend for smc s housebound by fact.

Someone plz tell me.

Ok I am going to put the VA manual and if you look it say nothing about what the court rule was been confined to one home.

 

 

Court held that leaving one’s home for The use for medical purposes cannot, by itself, serve as the basis for finding that one is not “substantially confined” for purposes of special monthly compensation (SMC) housebound benefits under 38 U.S.C. § 1114(s)r.

I was just denied for being able to travel to medical appointments.

M21-1MR, Part IV, Subpart ii, Chapter 2, Section H, Para. 46(b) should be amended to incorporate the Court’s holding that leaving one’s house for medical purposes does not preclude entitlement to SMC housebound benefits. No other Manual or regulatory revision is warranted.

 

I can't explain it no better 

 

It is down to we're ppl are now saying how would a tdiu veteran show they are housebound.

To get housebound by fact.

What is tdiu for?

Don't ever tdiu veteran have evidence that they never leave there  home to make a income..

Which is been confine to one home.

Nothing more nothing else to it.

Smc s housebound by fact

 

This is all my opinion  on how I think it was set up for and which veterans 

I can't see any other group veterans that housebound by fact would be addressing

 

 

 

 

[Mr cue]

2 hours ago, Berta said:

That means that Every veteran with TDIU because they are unemployable, is due the HB benefit?

No way.

I really feel it in my heart. Lol

I can see it no other way Berta.

 

 

[Rattler]

18 hours ago, Rattler767 said:

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 546.79 kB · 7 downloads Rated Disabilities _ Veterans Affairs.pdf 336.97 kB · 8 downloads

I think I ask the wrong question. Because I am 100% T & P with more than one rating doesn't that make me extra scheduler?

[Mr cue]

8 hours ago, Rattler767 said:

think I ask the wrong question. Because I am 100% T & P with more than one rating doesn't that make me extra scheduler?

No extra scheduler tdiu.

Is for veterans who don't meet the % to be rated tdiu. 

But can't work due to there service connect disability.

You are 100% pt. 

Good luck