smc SMC-S1

[Ddsr]

I wanted to ask a question about SMC-S1 specifically from the CAVC–Buie (5) v. Shinseki (0) (2011) case. My situation is similar, and I was not awarded SMC-S1 upon 100% scheduler award. My interest is why does this continue to happen? Is it due to few Veterans even know about the SMC-S1? My thoughts are this is true or veterans just do not fight this much so the VA continues to now award the SMC-Veteran's because they use the bullcrap argument that more than one SC was used to give the veteran the IU. Reading the Buie case shows clearly that it does not matter in what order the SC were given as long as there is the 60% or more for one SC and the other qualification which is another single rated at 60%. Currently I am waiting for my Rep which as well who is waiting for his decision for the SMC-S1 battle which is similar to my case. I will fight this upon his decision to see how that goes. Mainly I am curious as to your thoughts as to why the VA continues to not award the SMC-S1 automatically as they state they will do, but in fact again use the well the IU was awarded for more than one SC

[Berta]

You said:

"Mainly I am curious as to your thoughts as to why the VA continues to not award the SMC-S1 automatically as they state they will do, but in fact again use the well the IU was awarded for more than one SC."

I have been through a posthumous  SMC battle but no where do I recall reading that SMC is "automatic."

The VA will consider SMC S when the rating sheet warrants it.

"SMC(s) is available to veterans who: have a 100 percent rating and an additional disability rated at or combining to 60 percent or more, or. who are substantially confined to his or her dwelling or immediate premises as a result of a service-connected disability.Jan 10, 2022.:

https://www.hillandponton.com/va-benefits-special-monthly-compensation/#:~:text=SMC(s) is available to,of a service-connected disability.

Hill and Ponton has a chat feature you could use to ask them to clarify.

"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."

https://www.seankendalllaw.net/blog/receiving-tdiu-and-special-monthly-compensation.cfm

They also have a chat feature -

And they make a very  important point:

"If you are no longer able to work and have been approved for Total Disability Individual Unemployability (TDIU) benefits, you may also qualify for what’s known as Special Monthly Compensation (SMC). This additional benefit should be decided when your original application is processed, but SMC benefits are often overlooked by VA representatives who aren’t fully aware of the law."

I was told by a state vet rep my dead husband was not eligible for  SMC S. He was WRONG.

The VA awarded under SMC 100 P & T  plus 60 independent and also under HB, and paid for one theory but stated he was eligible for both.

 

 

The HB award is based on medical evidence.

 

 

 

 

 

Edited February 13, 2022 by Berta
added more.

[broncovet]

Its a mistake to think, "VA has your back".  The VA is constantly obsession over their own issues, to have time for concern for ours.  

With each decision, you should read it carefully.  Decide if the effective date is correct, and/or if you should have gotten additional benefits "automatically", that were not awarded.  

Also, check your disablity percent with the ratings criteria for your particular disabilites, to see if it matches with the criteria.  A favorite of the VA's, after delays and denials, is lowballing.  

Generally, the VA rarely ever "gives" you all the benefits you deserve, more often than not you have to fight them for the benefits you deserve.  

If your decision is inaccurate, consider an appeal, Cue, or, sometimes a new application.  

With SMC's, the effective date(s) are very different from "regular" percent benefits.  You see, with SMC, since its always inferred, there is no "limiting" date of claim.  With SMC, your effective date is the date you first met the applicable criteria, regardless of when, or if, you actually applied.  Of course, with regular percent benefits, your effective date is the later of the facts found (when you met the criteria) or the claim date.  

If you have difficulties understanding VA decisions (and who doesnt?), then get help to sort it out.  Many Vets post their decisions on hadit (covering their name and idenfifyier), and, very likely a hadit person will help you decipher VAola.  

VA has certain "codes" in their decisions.  For example, they rarely use "permanent and total", which is often required by state or county agencies for certain benfits.  

(For example, many states offer property tax breaks on P and T Vets).  

However, if you print your letter it often does not say "P and T", but, instead uses a code:

"No future exams are scheduled" or

"Entitlement to DEA Chapter 35 is established".  

   These are VAola (code) meaning P and T.  Of course, your county clerk and recorder may not know this code, so they may well reject your letter that "no future exams are scheduled", because it does not say "P and T".  

 

 

This means you need to check the effective date carefully especially on SMC.  Even tho "you should not have to apply for SMC", when the VA forgets (as they often do), you need to apply, but then insist on your SMC "when you met the criteria", not necessairly the claim date.  

Edited February 13, 2022 by broncovet

[Mr cue]

2 hours ago, Berta said:

or. who are substantially confined to his or her dwelling or immediate premises as a result of a service-connected disability.Jan

This is why they don't infer it.

And when you apply they will use the blanket statement that all your condition make up your award of tdiu.

To not address the housebound by fact.

They did this to me 

And only address it when I was granted the extra 60%

I like you feel its problem that need to be addressed

[john999]

I had TDIU and when I got an extra 60% the VA did not automatically grant me "S".  I filed a claim for it and VA called CUE on themselves and granted it with retro.  Usually  VA does nothing without making a claim IMO.  They tend to drag their feet when it comes to granting anything not actually claimed.   I took AO exam.  They found three AO conditions, but I would never have gotten anything without an official claim.  This really gets me where VA identifies a SC condition and just sits there and waits twenty years for you to claim it.

[Mr cue]

See I feel this is a problem.

The VA only address smc s when a veteran receives the extra 60%.

Tdiu veterans should be receiving housebound by fact when they are granted tdiu.

They are the only group of veterans that can't leave there home to make a income.

Some veteran affairs Grant it I have seen bva decision.

Howell v Nicholson it address what Congress intended for smc s

I can't read this any other type of way

Because the meaning of the term “substantially confined” is ambiguous and there is no regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s obligation” thereunder.  Thompson v. Brown, 8 Vet.App. 169, 175 (1995); see also Jackson and Cropper, both supra.  The Secretary submits that the clear implication of this term is that the requirement that one be “substantially confined” is met when the claimant is restricted to his house except for medical treatment purposes.  The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.  Mr. Howell does not contest this interpretation

[Mr cue]

1 minute ago, Mr cue said:

the Court must determine the meaning” of the term “and the Board’s obligation” thereunder.

The court has rule how the veterans affairs should be handling this.