Here is an updated opinion from CCK SMC-S January 2022

[pacmanx1]

Here is an updated opinion from CCK, pay close attention to the examples. Having a TDIU rating based solely on a PTSD disability could meet the requirement for the 100% part of the SMC-S criteria.

SMC(s)

Today’s Special Monthly Compensation series will focus on SMC(s). The amount of compensation for a single veteran without dependents at the SMC(s) level is $3,521.85 per month as of December 2020. This compensation can be provided in addition to SMC(k) as long as the service-connected disabilities are not the same in both claims.

Qualifiers

There are two different paths that can make a veteran eligible to receive SMC(s) benefits:

1. You are entitled to receive SMC(s) if you have at least two service-connected disabilities with the first rated totally disabling (100%) and the second rated at least 60%. If you are receiving TDIU for one disability, this may meet the criteria of having one service-connected disability rated totally disabling. The important thing to keep in mind here is that the disability for which you are receiving TDIU must be entirely separate from the second service-connected disability (or disabilities) rated at 60% or more. In other words, you must have at least two completely separate, yet both very severe, disabilities in order to be eligible for this benefit.
2. The second qualifying factor for SMC(s) is if the veteran is rendered housebound due to a service-connected disability. If a veteran is unable to leave his or her house, hospital ward, care facility, etc. and the medical condition is not expected to improve, the veteran may qualify for SMC(s).
3. Examples

Since qualification for the second (2) type of SMC(s) is fairly clear regarding being housebound, we will provide some examples of the first (1) qualifier:

• If the veteran receives 100% for Ischemic heart disease and 60% for intervertebral disc syndrome (back condition), he/she would be eligible for SMC(s)
• If a veteran has a 70% schedular rating for PTSD, and is receiving TDIU based solely on the PTSD, and also has a 60% rating for Coronary Artery Disease (CAD), he/she will qualify to receive SMC(s).

Special Monthly Compensation: SMC(s) | CCK Law (cck-law.com)

 

[Dustoff1970]

My very recent award of SMC-S in December is another excellent example of a TDIU (100% rating) qualifying a vet for SMC-S status.  Since 1998 I have been P&T TDIU due to 70% PTSD and also have a 30% AO Heart Disease rating.  Then in December 2021 the BVA granted my OSA Sleep Apnea appeal for OSA Sleep Apnea due to PTSD with an additional rating of 50% and when added to the 30% heart disease rating this added up to over the required additional 60% for SMC-S.  Also received 5 years backpay for SMC-S.

Since December 2021 I have just received 60% for GERD due to PTSD and Medications plus 10% for Tinnitus that boosted me up to pure 100% P&T upgrade from TDIU.  Be bold and go for it if you qualify.

I did all this since 1985 pro se without VSO or lawyer assist as some are no ***** good or will deliberately sell you out due to jealously as was my case in 85 from older Korean War DAV VSO who is now resting comfortably with the worms. 

My comment not legal advice as I not a lawyer, paralegal or VSO.

Edited August 14, 2022 by Dustoff 11

[Mr cue]

1 hour ago, pacmanx1 said:

The second qualifying factor for SMC(s) is if the veteran is rendered housebound due to a service-connected disability. If a veteran is unable to leave his or her house, hospital ward, care facility, etc. and the medical condition is not expected to improve, the veteran may qualify for SMC(s)

See this the one I be want to address.

What is not been able to leave your home?

Because congress state been confine to one home is not been able to leave to make a income? Howell v Nicholson percendent 

So like I say when a veteran is granted tdiu they should granted smc s.

There is no other group of veteran who are not able to leave there home to make a income due to there disabled.

I can't see it no other way.

They never finished Congress intended. This is the problem 

If a veteran can leave there home. Smh.

They will never explain it if we don't press it.

 

[john999]

I had to file a claim to get my "S".  I had TDIU plus 60% and VA did not grant me SMC S.  If you don't ask for it you don't get it.

[pacmanx1]

27 minutes ago, john999 said:

I had to file a claim to get my "S".  I had TDIU plus 60% and VA did not grant me SMC S.  If you don't ask for it, you don't get it.

I agree with your post, but my question right now is why, according to Buie v. Shinseki the VA is supposed to assess the veteran's other disability or disabilities at the time of awarding/rating the veteran TDIU to determine if the veteran meets the SMC S criteria. I am currently at the CAVC, and we will see what they say. Since my most recent BVA grant awarded me an EED of TDIU, I do not want to file a new claim and have the VA assign me a wrong effective date of SMC-S where Buie v Shinseki states that the effective date should be the date assigned by the decision and not the date filed of the claim.

“If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities.  Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).”

 

Buie v. Shinseki, 24 Vet. App. 242, 250 (2011) SMC - SMC Special Monthly Compensation - VA Disability Compensation Benefits Forums - HadIt.com Veterans

P. S. Almost forgot Buie v. Shinseki is a precedential decision and can be cited which I did. 

 

[john999]

Pacman

   I think the VA hardly ever grants "S" when you get TDIU or 100%.  They force you to appeal or wait until you get an extra 60%.  I know what the rules say but the VA just ignores them.

[Mr cue]

5 minutes ago, john999 said:

  I know what the rules say but the VA just ignores them.

This is why I am at the cavc fight for my smc benfits. An I believe pac is also.

The VA can't just not address the law that why they have the cavc and federal court.

This smc benfits thing is crazy to me because they are to be granted by the record not the date u apply.

I didn't even no there was smc benfits when I was granted tdiu 2001.

I was even got granted extra scheduler tdiu from 1993-2001. 2009

Because of the regional office error of leaving my appeal in appeal status for 8 years.

No one told me or was it inferred by any of my increase rating and bva decision.

So if a veteran isn't aware they just don't get it. Smh

Then the housebound by fact is a whole different story. Not even about to go in on that one.

Loss of use under smc is also one they will send you through the hoops to get granted.

And don't let them see they committed a error or owe a big retro.

You are in the fight from hell.

It took 6 years fight to get my tdiu 8 year retro. Only one time to cavc.

This smc benefits has been almost 5 year fight. An this is the 2nd time it been at the cavc.

An each fight they granted a piece here a piece there. Hoping I go away lol

But u got use the law to win a remand at the cavc.

I am Waiting on a cavc judge decision an to see how the court address it also. Smh.

I will be posting the VA lawyer response to court about my effective dates for smc benfits. An it will make you lol. But is also good info for your fight