Can I claim SMC S

[Spaceace1954]

I recently received a BVA award for HTN rating pending with 4 others being remanded to RO.

My current ratings are Sleep Apnea 50, DMII 20, CAD 60, Back L5 S1 20, L-Knee 10, R-Leg Neuropathy 20, DJD L- Leg 10, depressed Mood 50, L-Leg neuropathy 10 Neurogenic Bladder 10, Sciatic Nerve Neurogenic 10. I was at 90% for several years and in Oct 2019 I had LAD by-pass surgery and was awarded 100% P&T. My goal was to continue to work my boss and I have known each other for 35 years so we worked out a plan so I would not have to travel much that lasted about a year so I have been unemployed since 1/2021.

Any info on if I should file a claim would be Helpful, I thank all in advance for your input.

 

[broncovet]

Yes, you CAN file a claim for it, but, in order to actually be awarded SMC S, you need the following:

1.  A "single" 100% disability (which would include TDIU) AND:

    A.  Either you are housebound "in fact", that is, you are "substantially confined to the home".  (aka housebound in fact)  OR

    B.  You have additional disabilities (above the single 100 percent) totally a combined 60 percent or more which are separate and distinct from each other.  (aka statutory housebound).  

     In my opinion, to be awarded housebound, you would likely need either:

A.  To apply for, and be awarded TDIU.  OR. (Statutory housebound). 

B.  To go to a medical exam and your doctor states you are "substantially confined to your home".  (Housebound in fact).

 

     If you meet the criteria I described, then go for it.  If you do not meet that criteria then you will need it.

      In other words, to get SMC S housebound, you need a single 100% rating, and tdiu counts.  

Additional information can be found here: https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/

Edited August 10, 2023 by broncovet

[pacmanx1]

1 hour ago, Spaceace1954 said:

I recently received a BVA award for HTN rating pending with 4 others being remanded to RO.

My current ratings are Sleep Apnea 50, DMII 20, CAD 60, Back L5 S1 20, L-Knee 10, R-Leg Neuropathy 20, DJD L- Leg 10, depressed Mood 50, L-Leg neuropathy 10 Neurogenic Bladder 10, Sciatic Nerve Neurogenic 10. I was at 90% for several years and in Oct 2019 I had LAD by-pass surgery and was awarded 100% P&T. My goal was to continue to work my boss and I have known each other for 35 years so we worked out a plan so I would not have to travel much that lasted about a year so I have been unemployed since 1/2021.

Any info on if I should file a claim would be Helpful, I thank all in advance for your input.

I know some may disagree, but I say at this time do absolutely nothing. The reason I say this is based on your post that you have four (4) issues being remanded along with HTN. Not considering the HTN (rating won’t be high enough) but if the VA awards/grants you a single TDIU or a single 100% rating for any of the four pending remanded issues then the VA is obligated to maximize your benefits with a better effective date that should be connected with the new effective date of the new decisions.

Keep in mind that a veteran can file for an increase rating at any time, but SMC is supposed to be assessed and considered when the criteria is met. Your new ratings could be a game changer.

[broncovet]

I agree with Pacman, with a caveat:  

   You see, the effective date of smc is based on "when you meet the criteria" for SMC, and not necessarily the date of application.  So, with SMC your effective date is not contigent on when you apply.  This is very different from "regular" ratings (which are not smc) which are limited by the date you apply.  

    So, I agree, you can just wait and see, and you may well get SMC s, when the other ratings are completed.  However, dont try that with non smc.  Delaying to apply = less retro.  So, unless you are filthy rich, dont delay applying for an increase or other beneftis.  The exception is with SMC, because of what I explained, above.  

[Spaceace1954]

I understand waiting on the remanded item(s) COPD, Headaches, Sinusitis, etc., but How can I get TDIU if I am already 100% P&T as of 2019? Also how does Buie V. Shinseki apply ? or does it?

[pacmanx1]

The reason I posted what I posted was to try to give some insight into if the veteran should apply for SMC-S now compared to waiting. Due to the fact that the veteran has four pending issues, a sole TDIU rating or a single 100% rating could also generate a SMC S rating prior to the veteran’s Jan. 2021 100% rating.  The sole TDIU rating or the single 100% rating along with the veteran’s other ratings (the plus 60%) could very possibly grant the veteran an earlier effective date (EED) for his remanded issues plus the possible SMC-S rating prior to the veteran’s Jan. 2021 rating.

[broncovet]

SpaceAce:

    I applied for tdiu, And, I was already at 100 percent.  The VARO denied, saying it was moot.  But wait!  I appealed to the BVA arguing "it was not moot" because:

1.  An award of tdiu could result in an eed and more retro, and:

2.  An award of tdiu could/would result in SMC S statuatory.  

    The board agreed with me, and I was awarded tdiu.  The Board decision specifically stated, "it is not moot".