There are two ways to smc s

[Mr cue]

Ok I am going to post about this again because there seem to be a lot of misinformation been pass to veterans.

Ok first to get Housebound by fact you tdiu must be based on one condition.

Tdiu is granted under 60% one condition

Tdiu granted under more than one condition must add up to 70%.

Now if you look at your tdiu award is it 70% or 60%

There are two ways to achieve SMC S.  One is via the percentages you've mentioned.  The other is to be 'house bound in fact'.  This method may apply to you.  See below:


If entitlement is based on the Veteran being housebound in fact, the law requires the housebound state to be permanent.




Consider a Veteran permanently housebound if, as a result of a single, total disability, by itself or in combination with other SC disabilities, the Veteran is permanently and substantially confined to


 

• his/her place of residence and immediate premises, or
• ward or clinical areas, if institutionalized under 38 CFR 3.350(i)(2).

Important:

• There is no requirement that either the single disability, rated totally disabling, or the additional disability(ies), independently ratable as 60- percent or more disabling, be permanent in nature.
• Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran is not substantially confined for purposes of SMC Housebound benefits.

Reference: For more information on substantial confinement to home, see Howell v. Nicholson, 19 Vet.App. 535 (2006).

 

see this from the VA site. Even address what been substantial confine is.

 

 

[Mr cue]

Here is more info on it hope it helps others.

 

 

Definition of Housebound

The definition of housebound from 38 CFR § 3.350(i) (1)(2) is the following:

 

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems,

 

OR

 

(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.

 

Most veterans are going to qualify for being "housebound" under the second option above. Not very many veterans are going to qualify by being 100% rated disabled and then having VA say that they have an equivalent combined rating of 60% from other disabilities. Please note that any veteran in this situation would not have a final rating of 160%. The most available is 100%. What this is saying is that VA has determined there are additional disabilities that could be rated at 60% independently without actually paying the veteran for those disabilities since the veteran is already being paid at 100%.

 

A number of appeals in the past have addressed what "substantially confined" means. Previous board decisions had determined that substantially confines means that the claimant is restricted to his or her house and even restricted to leaving for medical treatment purposes. The Court of Appeals for Veterans Claims overturned those previous BVA decisions.

 

Howell versus Nicholson, March 23, 2006 number 04-0624 CAVC "The term "substantially confined" is not defined by statute or regulation. See id. 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.

 

To the extent substantial confinement does not include departures for medical purposes, we agree that the interpretation that the Secretary presents in his supplemental briefing is reasonable and consistent with statute and regulations. See Jackson, Thompson, and Cropper, all supra.

 

Accordingly, we hold that leaving one's house for medical purposes cannot, by itself, serve as the basis for finding that one is not substantially confined for purposes of SMC-HB benefits, and the Board's interpretation of section 1114(s) to preclude the grant of SMC benefits on the basis of Mr. Howell's leaving his house in order to attend VA medical appointments was erroneous as a matter of law.

 

It should be noted that there are no housebound allowances for regular Disability Compensation. The only allowances are for aid and attendance. There are 4 possibilities concerning Veterans Pension, Survivor's Pension, Disability Compensation or DIC for housebound allowances.

 

The first of these are housebound allowances for a veteran receiving Veterans Pension.

The second are housebound allowances for a surviving spouse receiving Survivor's Pension.

The third is an alternative higher level of payment under SMC Schedule S where a veteran who is totally disabled can get an additional monthly income if that veteran is considered housebound but is not in need of aid and attendance. Or

The fourth is an allowance for a surviving spouse receiving Dependency and Indemnity Compensation (DIC) who is rated housebound.

 

Interpreting the Regulation for the Requirement for Aid and Attendance

We have taken the rules from 38 CFR §3.352 and applied them to more modern terminology of providing assistance. Here is our list based on the regulation.

 

Assistance with bathing or showering

Assistance with toileting

Assistance with feeding (having a need to be fed by someone else)

Assistance with dressing or undressing

Assistance with transferring in or out of a bed or chair

Assistance with incontinence

Assistance with ambulating (walking)

Assistance with keeping oneself ordinarily clean and presentable, including hygiene

Assistance with frequent need of adjustment of special prosthetic or orthopedic devices which cannot be done without the aid of another person

Having an incapacity (physical or mental) requiring care or assistance on a regular basis to protect the patient from hazards or dangers incident to his or her daily environment

Is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less in both eyes

Is a patient in a nursing home because of mental or physical incapacity

Meets the criteria of being totally bedridden as defined in the regulation

 

 

As is mentioned in the regulation, there does not need to be a certain number of these incapacities in order to determine a rating for aid and attendance. The rating service representative simply must determine from the evidence whether the claimant is so helpless as to require the regular aid and attendance of another person based these conditions.

 

From our experience with the rating authority, the veteran who is applying or the spouse of the veteran who is applying should exhibit the need for and be receiving at least two or more of the services from #1 through #8 above and from #9 through #13, only one of these need apply. For purposes of Pension benefits, it is also important to note that a relative or a member of the household providing aid and attendance services is acceptable to VA for granting the additional regular – not the higher amount – allowance for aid and attendance. (The so-called higher amount is only available with SMC Schedule R.2.)

 

Since Compensation, DIC and SMC are not means tested programs – unlike Veterans Pension or Survivor's (Death) Pension – VA does not require a caregiver or relative or member of the household to be paid for services. For non-Pension benefits, VA would probably grant the allowance without evidence that anyone is providing services. The Regional Office would rely primarily on VA Form 21-2680 for granting the additional allowance.

 

We have found it useful to provide the Regional Office with evidence that care for aid and attendance is also being provided. This helps if there is a question on the 2680 whether or not the beneficiary actually meets the medical criteria to grant the rating. If a question is raised about the suitability for a rating, then submitting evidence of care being provided will help VSRs make the decision. Service Representatives will likely note the discrepancy between an inadequate 2680 and evidence of care and ask for more information, or for a 2680 that provides more detailed information for a rating decision

[Vync]

20 hours ago, Mr cue said:

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.

I was granted SMC-S housebound in 2019 for a few months after being granted SC for a single 100% rating after having a heart attack. I already had a single 60% rating for something else. However, that single 100% was reduced to 60% afterwards based on my medical evidence and the SMC-S housebound was removed. I had returned to work at the office also.

At the time, I talked with others, including my VSO, about SMC-S and was assured the 100% plus separate/unrelated 60% was a hard requirement to receive it.

When I was working at the office, I was already receiving special accommodations under the ADA due to my SC disabilities because working in a cubicle came with its own set of issues and I was having problems focusing and dealing with pain/migraines. After various things were tried, I was eventually moved to a secluded private office. After that, my ability to work improved and I was able to better cope with my disabilities. in early 2020, my employer had most employees become full time telecommuters and earlier this year they made that permanent for many of us.

Does anyone know if I should consider requesting SMC-S based on the "unable to overcome their particular disabilities and leave the house in order to earn an income"? I also recall the mention of being placed in a secluded work environment.