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Special Monthly Compensation At The Statutory Housebound Rate


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#41 Philip Rogers

 
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Posted 16 June 2011 - 11:56 AM

WAC-Vet75, nope never heard back, yet. Next wk I'll be home all week and will try daily to get in touch w/them. I bet they'll call me back if I say I'm interested in leaving my estate to them!

pr



PR, did you ever get a call back from NVLSP? I sent them an email, applicable regs with responses, but have not heard a thing from them so far.



#42 Philip Rogers

 
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Posted 16 June 2011 - 12:03 PM

John - mine was inferred in '99 when they awarded me, statuatory 100% but they denied it. It's been under appeal since'99 and is now headed back to the BVA, before returning to the court. In the meantime I have 20+10+10+10+10, which should total 60% and entitle me to the "s" award but they denied that, using the combined ratings chart/table, which is a clear error. At least it'll be awarded eventually to August, 2010, when I win that part.

pr



Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.



#43 broncovet

 
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Posted 23 June 2011 - 05:47 AM

Sydney
If you did not notice this, the VA is proposing incompetency, according to what you posted. You need to address this, if you have not already.
Also, according to the way I interpret what you posted, you are 100 + 70, and eligible for SMC S under Bradley vs Peake. You would want to deal with both issues, but it is unlikely to matter whether you get SMC S or not if some crooked VA attorney winds up stealing all your money anyway as your fiduciary. If your wife or someone like this is your fiduciary, however, and you are comfortable with this, then leave it alone. But, unless there is a compelling reason, you do not ever want the VA to pick out your fiduciary for you...YOU want to do the picking. Probably a family member or trusted friend.

#44 Lenkl

 
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Posted 08 August 2011 - 01:31 PM

I am in the same boat I am a 100% P&T but have a 50% 4 40% 2 30% 4 20% 3 10% they gave me the first level SMC my Dr. Put in for house bound twice.

#45 patriot1966

 
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Posted 14 October 2011 - 09:29 AM

when i went thru my PEB/MEB the VA rep suggested that i be considered for housebound do to my PTSD, depression, anxiety. My son has to bring to my appoinments as well as my wife, My question is, I get 100% TDIU as with 40% for Degenerative Disk to the lumbar area and 20% to the cervicle area of my neck, 10% for left shoulder 10% for right knee Now this was all done for this Pilot Program called DES (disabitly evaluation system) the Army medically retired on June 9 2011 at 100% the VA rep is recommending SMC (s) Im just waiting on the decision letter. If im denied SMC how do i Appeal it.

#46 carlie

 
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Posted 15 October 2011 - 12:10 PM

when i went thru my PEB/MEB the VA rep suggested that i be considered for housebound do to my PTSD, depression, anxiety. My son has to bring to my appoinments as well as my wife, My question is, I get 100% TDIU as with 40% for Degenerative Disk to the lumbar area and 20% to the cervicle area of my neck, 10% for left shoulder 10% for right knee Now this was all done for this Pilot Program called DES (disabitly evaluation system) the Army medically retired on June 9 2011 at 100% the VA rep is recommending SMC (s) Im just waiting on the decision letter. If im denied SMC how do i Appeal it.


patriot,
Welcome.
Please repost your info and questions by starting it as a new topic in the
corresponding Forum.
Thanks

#47 ammawa

 
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Posted 29 September 2014 - 04:39 PM

Wondering if my being rated at 90% and awarded TDIU... 60% BACK CONDITION 50 MOOD DISORDER 10%PPARALYSIS OF THE SCIATIC NERVE...Do i qualify for SMC?

#48 jbasser

 
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Posted 29 September 2014 - 06:43 PM

ammawa, start a new topic as this one is 3 years old and has lost its pazazz.

 

J



#49 VetlawUS

 
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Posted 10 March 2015 - 05:02 AM

Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision?

SMC is an inferred issue in EVERY 100% rating -  there is a section in the M21-1MR that discusses this requirement.  

 

So, if you have a 100% rating, and the VA fails to consider SMC , this can be a valid basis for CUE (if you have no more time to appeal the Ratings Decision that failed to consider the SMC.

 

Just make sure that you can PROVE you are entitled to the specific SMC you seek - in a CUE claim, if you can't show that the "outcome would have been different" (even if the VA did make a clear and unmistakeable error) than you will not win.


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#50 Berta

 
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Posted 10 March 2015 - 08:00 AM

Thanks Chris, I posted here in the CUE forum how I won a SMC CUE in 2012. (4 cues in 2 CUE claims)

I had to file a CUE yourself claim within the appellate period on one part of the 2012  CUE award.This was one of my 1151 issues.

 

No reg for that I made it up and it has sure been working for me many times.

 

I got my award letter yesterday for the pending CUE on the CUE of 2010 from the CUEs of 2003 and 2004, but they forgot to pay me 20 months of 100% P & T , plus Smc, one wife, one child and the deceased veteran....

I did get the 6 months retro  in 2012 but the evidence VA had at time of the cued decision warranted 26 months.

 

Thank for bringing CUE to our attention...It cannot be repeated enough....

 

The worst CUE of all is the one that is never filed.

 

And it is not a one shot deal like the vet reps want us to believe.

 

If the BVA dismisses a CUE without prejudice, that means the claimant  can re shape it and file it again.

 

Thanks for your info you post here.

 

 

.

 

I filed another CUE yourself claim with the director of my RO,via email ,  on the decision this AM. for the award letter I got yesterday.

 

She is probably quite frazzed because I filed Sunday, a CUE on their 1151 denial.

 

I also sent Ms. Hickey a copy of her email to me , sent on Sunday, from her blackberry, telling me both of my claims had been denied.,which I relayed to Ms. Hickey, and here I find in the mail yesterday that the CUE was awarded and "granted"

(But still buggered up.)

 

 

I got a bogus medical 'opinion' but they have a VACO opinion ordered by GC when I won FTCA, that fully supports the 1151 claim.It was an additional malpractice issue that GC didnt not resolve.

 

They did not extend me BOD per M21-1MR quidelines.....never mentioned it at all.

 

I sent them the healthgrades credentials of this top VA doctor at VACO.

 

The CUE I filed was unusual. It attacks the BOD regs via their M21-1MR version, I posted it here somewhere.

 

Ms Hickey the Under Secretary got this moving in the first place.

 

Buffalo VARO had not even acknowledged these claims by mail in over 2 and 1.2 years.

They sent me the 5103 2 weeks ago.along with the " we are working on your claim" BS letter

 

I need to clarify that I not only won FTCA and 1151 DIC,for wrongful death , I also won 2 separate AO direct SC death awards.( AO IHD and AO DMII.) FTCA offset had to be refunded to me.in 2010

 

Since my husband had a posthumous award of 100% P & T for SC PTSD, also , this is why they have to pay me the additional 1151 100% benefits.

 

I posted those 1151 regs here some time ago.

 

 

NOTHING IS IMPOSSIBLE with the VA.


Edited by Berta, 10 March 2015 - 08:15 AM.


#51 free_spirit_etc

 
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Posted 10 March 2015 - 04:26 PM

"I sent them the healthgrades credentials of this top VA doctor at VACO."

It is amazing that you would even have to do that. They deny claims all of the time based on VA doctors' opinions. They should be able to grant claims on them too. 



#52 Berta

 
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Posted 11 March 2015 - 08:23 AM

It is amazing and also ridiculous.

 

She was and still is , as far as I know ,the chief cardio expert at VACO. She has done multiple FTCA opinions over the years for the OGC.

I had that documented in the evidence I sent to them.

 

I wonder if they will ask her to go against her own original opinion! :blush:

 

I have never seen a VA medical person ( I requested copy of the opinion but the director told me, she couldnt send it to me because they had already shipped off my stuff to VACO)

 

written they way the one I got was presented in the decision.I dont even know if they were a MD,PA, or nurse.

 

In every single VA opinion in an SOC, or SSOC i have gotten before, the doctors were named ,or at least identified as a doctor, nurse or PA.

 

For all I know, the opiner  might have been the same 'specialist' they said was working ion my CUE claim  for many months last year....

It was a lie .......no one was working on it at all...

 

if they were

 

I think the "specialist" is the same person who fills the paper cups for their water dispensers.

 

This is funny.

 

I have been putting off getting a new PC...I am tired as a claimant and as an advocate here.....

just completely burned out......that isnt anyone's fault.

 

I started thinking about doing something else this year, with my time, that would not require a new PC, and all the extra

stuff I have on it,primarly to do research for stuff I see here at hadit.

 

But Saturday when I got the 1151 decision, I ordered a brand new PC and printer with all the Bells and whistles I need!!!!!!

 

yesterday my PC man said it will be ready in about a week.or two.

 

 

I told him no rush because I still have so much ice and snow in my driveway that maybe by next week he can get in the driveway.

I cannot open my car doors more than about 6 inches on each side due to the way it has been plowed, and we had temps at wind chill 37 below 2 weeks ago.

whatever melts freezes right back up.

 

Yesterday my USPS man had to navigate over a large 2 foot clump of ice at the foot of my deck...I hollered down (I have long deck staircase) that I didnt order anything at amazon for a month so he wouldnt have to come here.

 

But It was an express mail letter from the OGC, on another matter I have pending...that he had to hand deliver to me.

 

And then he said he saw a ROBIN in Arkport NY. That is the best news I have heard in a long time!

 

Spring is really getting here and maybe our snow will melt by June.!

 

I live on top of the beautiful Appalachian Mountain Plateau and sure wouldn't want to be anywhere else!

 

I cant wait to get that new PC and printer all in one..

 

My scanner seems to be broke too so I cant even scan my decisions here.


Edited by Berta, 11 March 2015 - 08:36 AM.


#53 asknod

 
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Posted 15 March 2015 - 11:17 PM

I hate that when that happens Berta. (The broken scanner). 



#54 Chuck75

 
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Posted 16 March 2015 - 12:25 AM

I've had several scanners, and retired them all in favor of a series of inkjet multifunction printers.

There is one I keep, but very seldom use, since it's optimized for scanning 35mm Slides.

A decent small office multifunction printer has as good a scanner as most of the stand alones,

Is arguably more convenient, has a better chance of getting software drivers updated, and so forth.

The major drawback is that the scanner function may not work if the printer ink is depleted.

(A way for the Mfrs to make more money.)

 

Figuring out the "real" resolution of a scanner or printer can be a complicated thing to do.

The specs can be misleading.



#55 Chuck75

 
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Posted 17 March 2015 - 01:51 PM

Back to the actual Topic, SMC.

As I and others read/see it, SMC can be granted - - -

When a veteran has multiple conditions that prevent him from working/ traveling to/from a job.  This can also be "TDIU", and it's possible that TDIU might be considered a form of SMC.

When a veteran requires help in conducting routine daily living tasks.

When a veteran has a single 100% rating, and multiple ratings beyond the 100% that (according to the VA, etc) are "combined" to be equal or greater than 60%.

When the "Secretary" determines that it is appropriate.   (What is appropriate????)

I believe that TDIU rated as 100% + other ratings separately combined to equal 60% should create an entitlement to SMC "S", although this might be argued by the VA RO's, etc.

 

I really hate phrases in the regs and law that contain the word "may", and would rather see "will".






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