Housebound/SMC S question?

[TexasTweener]

I've been encouraged by a fellow Veteran and friend to apply for Housebound/SMC S.

I'm not sure I would qualify and don't want to tie up time and resources other Veterans need.

I'm TDIU P&T.

50% Depression

10% Right Shoulder

20% lower left leg radiculopathy

20% lower right leg radiculopathy

10% GERD

10 % Tinnitus

and a couple of 0% service connected.

Also I have/had non=service connected prostate cancer and I'm pretty much incontinent.  I do have a AUS but it's not perfect.

I've been TDIU for over 10 years at this point.

 

Due to my back problems I have problems standing and walking.  The time it takes to brush my teeth causes my back to start to spasm and hurt.  I can normally get around the house without a cane but it I try and walk 50 yards I must have the cane to prevent my back from spasming and my legs to hurt worse.  

My daily schedule is thus:

I get up in the morning, take the morning pills and make my way to my power recliner that I had to purchase with my own funds since the VA wouldn't provide one.  I'll sit in my recliner for 1-2 hours and get up to eat breakfast.  After breakfast it's back to the recliner.  I'll get up a couple of times during the day to urinate.  Once in a great while I'm able to help my wife with preparing dinner.  I have to do so sitting at the table since I can't stand long enough to do much of anything.  We're retired, no kids, so we eat dinner in the family room.

I'll maybe get up one more time between dinner and bedtime to use the restroom.

I spend around 11-12 hours a day in bed and the remainder in my recliner.  All total through the day I might walk 75 yards.  I only get out of the recliner for breakfast and head calls in a normal day.

In the past year I leave the house an average of three times per month.  One of those visits is my outside pain doctor since the VA quit prescribing opiates.  Usually one trip to Walmart with my wife, and one time a month for dinner out.

It's very hard for me to get around.  Carrying a gallon of milk for a short distance is about all I can carry.

My wife has to put my socks on and take them off.  She has to help me dress.  I'm of Scottish heritage so I've taken to wearing a kilt since I can get that on myself.  My wife has to help me bathe.  She does all the housework, almost all the meal prep.  She's a saint and I'd be lost without her.

I used to be pretty active.  I'd go fishing once or twice a week.  Go to the range once a week.  None of it was easy but it kept me active.   Now all that is a distant memory.

My friend and fellow Veteran tells me I am effectively housebound and that I should qualify for SMC S with no problem.

[john999]

For a married vet "S" is around $4300.  If we live long enough it might be ok one day.  If you get S and SSA you can probably live on it.

[Carlos C. Parscal]

On 12/12/2022 at 8:26 PM, TexasTweener said:

I've been encouraged by a fellow Veteran and friend to apply for Housebound/SMC S.

I'm not sure I would qualify and don't want to tie up time and resources other Veterans need.

I'm TDIU P&T.

50% Depression

10% Right Shoulder

20% lower left leg radiculopathy

20% lower right leg radiculopathy

10% GERD

10 % Tinnitus

and a couple of 0% service connected.

Also I have/had non=service connected prostate cancer and I'm pretty much incontinent.  I do have a AUS but it's not perfect.

I've been TDIU for over 10 years at this point.

 

Due to my back problems I have problems standing and walking.  The time it takes to brush my teeth causes my back to start to spasm and hurt.  I can normally get around the house without a cane but it I try and walk 50 yards I must have the cane to prevent my back from spasming and my legs to hurt worse.  

My daily schedule is thus:

I get up in the morning, take the morning pills and make my way to my power recliner that I had to purchase with my own funds since the VA wouldn't provide one.  I'll sit in my recliner for 1-2 hours and get up to eat breakfast.  After breakfast it's back to the recliner.  I'll get up a couple of times during the day to urinate.  Once in a great while I'm able to help my wife with preparing dinner.  I have to do so sitting at the table since I can't stand long enough to do much of anything.  We're retired, no kids, so we eat dinner in the family room.

I'll maybe get up one more time between dinner and bedtime to use the restroom.

I spend around 11-12 hours a day in bed and the remainder in my recliner.  All total through the day I might walk 75 yards.  I only get out of the recliner for breakfast and head calls in a normal day.

In the past year I leave the house an average of three times per month.  One of those visits is my outside pain doctor since the VA quit prescribing opiates.  Usually one trip to Walmart with my wife, and one time a month for dinner out.

It's very hard for me to get around.  Carrying a gallon of milk for a short distance is about all I can carry.

My wife has to put my socks on and take them off.  She has to help me dress.  I'm of Scottish heritage so I've taken to wearing a kilt since I can get that on myself.  My wife has to help me bathe.  She does all the housework, almost all the meal prep.  She's a saint and I'd be lost without her.

I used to be pretty active.  I'd go fishing once or twice a week.  Go to the range once a week.  None of it was easy but it kept me active.   Now all that is a distant memory.

My friend and fellow Veteran tells me I am effectively housebound and that I should qualify for SMC S with no problem.

On 12/12/2022 at 8:26 PM, TexasTweener said:

I've been encouraged by a fellow Veteran and friend to apply for Housebound/SMC S.

I'm not sure I would qualify and don't want to tie up time and resources other Veterans need.

I'm TDIU P&T.

50% Depression

10% Right Shoulder

20% lower left leg radiculopathy

20% lower right leg radiculopathy

10% GERD

10 % Tinnitus

and a couple of 0% service connected.

Also I have/had non=service connected prostate cancer and I'm pretty much incontinent.  I do have a AUS but it's not perfect.

I've been TDIU for over 10 years at this point.

 

Due to my back problems I have problems standing and walking.  The time it takes to brush my teeth causes my back to start to spasm and hurt.  I can normally get around the house without a cane but it I try and walk 50 yards I must have the cane to prevent my back from spasming and my legs to hurt worse.  

My daily schedule is thus:

I get up in the morning, take the morning pills and make my way to my power recliner that I had to purchase with my own funds since the VA wouldn't provide one.  I'll sit in my recliner for 1-2 hours and get up to eat breakfast.  After breakfast it's back to the recliner.  I'll get up a couple of times during the day to urinate.  Once in a great while I'm able to help my wife with preparing dinner.  I have to do so sitting at the table since I can't stand long enough to do much of anything.  We're retired, no kids, so we eat dinner in the family room.

I'll maybe get up one more time between dinner and bedtime to use the restroom.

I spend around 11-12 hours a day in bed and the remainder in my recliner.  All total through the day I might walk 75 yards.  I only get out of the recliner for breakfast and head calls in a normal day.

In the past year I leave the house an average of three times per month.  One of those visits is my outside pain doctor since the VA quit prescribing opiates.  Usually one trip to Walmart with my wife, and one time a month for dinner out.

It's very hard for me to get around.  Carrying a gallon of milk for a short distance is about all I can carry.

My wife has to put my socks on and take them off.  She has to help me dress.  I'm of Scottish heritage so I've taken to wearing a kilt since I can get that on myself.  My wife has to help me bathe.  She does all the housework, almost all the meal prep.  She's a saint and I'd be lost without her.

I used to be pretty active.  I'd go fishing once or twice a week.  Go to the range once a week.  None of it was easy but it kept me active.   Now all that is a distant memory.

My friend and fellow Veteran tells me I am effectively housebound and that I should qualify for SMC S with no problem.

According to your symptons, I recommend you see a neurologist. You have all the symptoms of Parkinsons diesease or Parkinsonissm. I have Parkinsons disease, with all your symptons. If you have Parkinsons, you will rated SMC L. aid and attendance. You can't get Housebound and A & A at same time. If you are a Vietnam veteran it's on the AO list.

[Carlos C. Parscal]

According to your symptons, I recommend you see a neurologist. You have all the symptoms of Parkinsons diesease or Parkinsonissm. I have Parkinsons disease, with all your symptons. If you have Parkinsons, you will rated SMC L. aid and attendance. You can't get Housebound and A & A at same time. If you are a Vietnam veteran it's on the AO list.

[Phury & Rhage]

Hi there,

It looks like most of the requirements for SMC (S) have been covered, but I wanted to stress a couple things.  The "total disability" for SMC (S) has to be based on a "single" disability.  Where IU is the basis for the total disability portion, it has to be based on a single disability:  

 

 

Also, the additional 60% in combined evaluations under SMC (S) has to meet specific requirements:

 

 

I actually saw that recently in a decision that didn't award SMC (S).  I questioned the decision maker and he said it was because some of the disability evaluations that made up the additional 60% were based on a single anatomical segment and the combined evaluations DIDN'T total to 60% when the evaluations were combined by anatomical segment.

Good luck to you,

 

Phury

[pacmanx1]

7 hours ago, Phury & Rhage said:

It looks like most of the requirements for SMC (S) have been covered, but I wanted to stress a couple things.  The "total disability" for SMC (S) has to be based on a "single" disability.  Where IU is the basis for the total disability portion, it has to be based on a single disability:  

While I do agree with your post and that the VA will stick to their guns and challenge any claim/appeal for SMC-S, my problem, question comes in with have you read Buie V Shinseki Precedential Order? I am not trying to argue, debate or confuse anyone but I think a good lawyer could try and challenge this criteria. Yes, as stated the lawyer may still lose but Buie is really confusing and to me it looks like it says something a little different. The 100% plus 60% must be based on different parts of the anatomy but Buie states that the 100% could be based on multiple disabilities. Which is different than the 38 CFR 3.350. Here the court order specifically states when the veteran has a total disability based on multiple disabilities and the veteran is subsequently awarded service connection for any additional disability or disabilities (sounds like a veteran could be eligible for SMC-S based on TDIU based on multiple disabilities and additional 60% could be based on multiple disabilities as long as they are separate anatomies).

You posted 38 CFR 3.350 but here is Buie V Shinseki:

which states: Precedential Status: Precedential

The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s).  Whenever a veteran has a total disability rating, schedular or extra-schedular, based on **multiple disabilities** and the veteran is subsequently awarded service connection for any additional disability or **disabilities**, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s).  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).

 

[Mr cue]

My take on it is there are two ways to smc s.

Housebound by fact you need a 100% tdiu will work if it based on one condition.

Howell v Nicholson  not been able to leave one home to make a income.

Statutory housebound is the 100/60.

Tdiu will work make no difference if it based on one condition.

The extras 60% can be based on any condition that make up the tdiu.

This why you see the VA try and stated your tdiu is based on all condition.

This is the way I understand it.