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15 replies to this topic

#1 Deacon 2011

 
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Posted 02 January 2012 - 11:10 AM

Just rec'd an updated rating IU/100% + 60 (IU for TBI and a host of other things)... my notification letter stated "entitlement granted for SMC housebound criteria being met". I've read a bunch of information here but I am still unable to determine based on my situation which SMC category I would come under (L, M, or S).

Any help from those of you that understand this better than I do is much appreciated.

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#2 jvretiredvet

 
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Posted 02 January 2012 - 12:29 PM

Although you were not (necessarily) found to be found housebound in fact, you qualify for "statutory housebound" because you have a single disability "rated as if" it were 100% disabling ADDENDUM: plus other service connected disabilities that combine to 60% or more. . The rules are at 38 CFR 3.350(i)(1) http://www.benefits....ART3/S3_350.DOC .

The entitlement is SMC(s) http://www.vba.va.go...ates/comp02.htm .

Just rec'd an updated rating IU/100% + 60 (IU for TBI and a host of other things)... my notification letter stated "entitlement granted for SMC housebound criteria being met". I've read a bunch of information here but I am still unable to determine based on my situation which SMC category I would come under (L, M, or S).

Any help from those of you that understand this better than I do is much appreciated.


Edited by jvretiredvet, 03 January 2012 - 10:51 AM.


#3 john999

 
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Posted 02 January 2012 - 01:40 PM

I had to file a CUE when I found about IU plus 60%= housebound. I got my IU plus 60% about one year ago when this was being sorted out in the courts. I am glad the VA is granting HB when a vet gets total plus 60%. I would bet the VA has not gone back and looked at the many cases of vets with total plus 60% and granted HB with retro. I got two years of retro HB.

#4 jvretiredvet

 
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Posted 02 January 2012 - 02:02 PM

I don't want to get into the issue whether this strictly was a CUE or not.

The interpretation of 38 CFR 3.350(i)(1) changed in 2009. Page 4 of this link http://www.dav.org/v...ins/2009-10.pdf gives a pretty good synopsis.

I had to file a CUE when I found about IU plus 60%= housebound. I got my IU plus 60% about one year ago when this was being sorted out in the courts. I am glad the VA is granting HB when a vet gets total plus 60%. I would bet the VA has not gone back and looked at the many cases of vets with total plus 60% and granted HB with retro. I got two years of retro HB.



#5 Deacon 2011

 
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Posted 02 January 2012 - 03:26 PM

Thanks, this was very helpful.

1325528968[/url]' post='267761']
Although you were not (necessarily) found to be found housebound in fact, you qualify for "statutory housebound" because you have a single disability "rated as if" it were 100% disabling. The rules are at 38 CFR 3.350(i)(1) http://www.benefits....ART3/S3_350.DOC .

The entitlement is SMC(s) http://www.vba.va.go...ates/comp02.htm .




#6 jmack

 
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Posted 17 January 2012 - 01:35 PM

I had to file a CUE when I found about IU plus 60%= housebound. I got my IU plus 60% about one year ago when this was being sorted out in the courts. I am glad the VA is granting HB when a vet gets total plus 60%. I would bet the VA has not gone back and looked at the many cases of vets with total plus 60% and granted HB with retro. I got two years of retro HB.


So are you saying that If I am 100% P&T which includes one single disability at 60%, I am entitled to HB?

#7 Bonzai

 
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Posted 17 January 2012 - 02:36 PM

No, it has to be 100% service connected plus an additional 60% service connected or more.

#8 jmack

 
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Posted 17 January 2012 - 06:19 PM

No, it has to be 100% service connected plus an additional 60% service connected or more.


Ok I thought so thanks for clarifying that.

#9 Philip Rogers

 
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Posted 17 January 2012 - 06:32 PM

Maybe I'm wrong but I thought it had to be TDIU + 60% or 100%+ 60%??!!

pr


No, it has to be 100% service connected plus an additional 60% service connected or more.



#10 jmack

 
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Posted 17 January 2012 - 07:20 PM

Maybe I'm wrong but I thought it had to be TDIU + 60% or 100%+ 60%??!!

pr


Is there "anyone" who is 100% P&T scheduler plus 60% and receiving HB?

Edited by jmack, 17 January 2012 - 07:22 PM.


#11 jbasser

 
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Posted 18 January 2012 - 07:15 AM

Everyone who is 100 percent P and T and has another disability or combination of disabilities that add up to 60 get HB. It is the total plus 60 rule.

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#12 jvretiredvet

 
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Posted 18 January 2012 - 07:48 AM

A veteran does not have to be "permanent" to qualify for statutory housebound. For example, a temporary 100% (because of hospitalization or convalescence) with SEPARATE other disabilities combining to 60% or more.

Additionally, the 100%-because-of-TDIU must be due to a single disability.

Everyone who is 100 percent P and T and has another disability or combination of disabilities that add up to 60 get HB. It is the total plus 60 rule.

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#13 jbasser

 
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Posted 18 January 2012 - 08:25 AM

The regs state total plus 60.
The give it to veterans who meet certain criteria like IU and an additional 60 percent.

That means that you are not 100 percent but are getting paid like you were along with the other benefits of being 100 percent.

With IU you still get the "old are you working form" each and every year to fill out. (What a headache to deal with)

Here is some added input:

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime

#14 jmack

 
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Posted 18 January 2012 - 01:11 PM

The regs state total plus 60.
The give it to veterans who meet certain criteria like IU and an additional 60 percent.

That means that you are not 100 percent but are getting paid like you were along with the other benefits of being 100 percent.

With IU you still get the "old are you working form" each and every year to fill out. (What a headache to deal with)

Here is some added input:

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime


How do I apply? I am 100% P&T included in that is 60% for failed total knee replacement

#15 jbasser

 
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Posted 18 January 2012 - 01:19 PM

Are you sure? What is your monthly comp? It is OK to PM that to me if you want privacy.
How long have you had the 60?

If you are not getting it, Do this.
Fill out a form 21-4138. Copy the regs and write this.

I am a 100 percent P and T vet with an additional 60 percent disability.

Why did the VA not award me SMC S when I became eligible?

This is a CUE as the VA is supposed to consider this when you get the 60 percent.

Easy CUE. When they awarded the claim, they misapplied the rating schedule by not using the regulations governing Special Monthly Compensation.

38 USC 11114 (S)

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#16 carlie

 
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Posted 18 January 2012 - 01:31 PM

How do I apply? I am 100% P&T included in that is 60% for failed total knee replacement


Being 100% P&T - and INCLUDED IN THAT IS 60% for failed total knee replacement
does not meet the criteria for total - plus 60 percent.

That's a completely different situation than the criteria of the regs for HB / SMCS.




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