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.

 

[Spaceace1954]

Hello Broncovet

Thank you for your reply, I will look into that after HTN rating and the 4 remanded items are decided.

Kind Regards

[Dustoff1970]

I was P&T TDIU for over 24 years when the BVA awarded me two appeals in last 2 years that resulted in them automatically awarding me P&T 100% and also SMC-S with 5 years back pay.  It can be done and is suppose to be automatic award by BVA or VARO when you qualify.  However, if they do not do this very soon then you should file a claim for SMC-S and not wait forever.

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

[El Train]

Hopefully one of your remands comes back at 100%.  Then you are good.  If not, it's going to be tough.  Personally, I would not want TDIU so I can still earn a decent income (which I do in a sheltered employment environment). 

[pacmanx1]

2 hours ago, El Train said:

Hopefully one of your remands comes back at 100%.  Then you are good.  If not, it's going to be tough.  Personally, I would not want TDIU so I can still earn a decent income (which I do in a sheltered employment environment). 

The tricky part to this is one remand could come back as TDIU but do to the fact that the veteran is already rated 100% the veteran could get a TDIU rating and still be considered 100% schedular. This happened to my rating that I was already rated at 100% schedular and the BVA awarded me two EEDs of TDIU but since these two ratings were way before my 100% rating, I can legally work but to me it is not worth the frustration. I know it would not be able to work five days a week, eight hours a day.

[Spaceace1954]

Hello All 

After review of my info benefits on Ebenefits I found this in ref. to SMC S1

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of coronary artery disease status post coronary artery bypass graft rated 100 percent and additional service-connected disabilities of spondylolysis right L-5, symptomatic, diabetes mellitus, type II, adjustment disorder with depressed mood, instability with left knee DJD (claimed as moderate laxity lateral collateral ligament left knee), sleep apnea, neuropathy, right lower extremity, impairment of sphincter control (claimed as Sciatic nerve neurogenic rectal dysfunction), neurogenic bladder (claimed as Sciatic nerve neurogenic bladder dysfunction), independently ratable at 60 percent or more from 10/08/2019 to 01/31/2020.

Rating Date : 01/12/2020how?

 

Now is their a way too get this re-enstated since leaving employment as of 1/2021 and how? , any info would be helpful.

Kind Regards

[brokensoldier244th]

How what? You are now rated 100% with an SMC (housebound, statutory). Normally they are supposed to catch it during the rating process if you meet the criteria but sometimes they don't. Did you have a claim decided in 1/12/2020? If so, that is the effective date that this would have been on had it been applied at the time of rating.