Statutory Housebound Special Monthly Compensation (SMC) | VA Disability Benefits

[@jwlncat]

I am statutory 100% p&t(240% I believe). I have a condition at 70%. All my conditions are Static. Should I be getting SMC-S? 8 plus years at 100% p&t.

[@VADisabilityGroup]

Do you have a single condition individually rated at 100%? That’s the critical part. You need a single condition rated 100%, then the remaining conditions should be a combined 70% or higher. If you do, it’s possible the VA committed clear and unmistakable error and you might be able to go back 8 years at the SMC rate (around $330 more per month average). However, be careful to rock the boat too much. You don’t want to disturb a 100% P&T rating.🙂

[@jwlncat]

So if I was TDIU 100% for PTSD (70%) and I had diabetes that is 20% and was then awarded neuropathy that was 20 and 20 in each hand and 10 and 10 in each foot for neuropathy and 10 and 10 in each foot for sciatic nerve damage for 50, plus 30 plus 30 or 110% for neuropathy. Then I would have an inferred aeard for SMC-S?

[@VADisabilityGroup]

If your unemployability was awarded solely because of PTSD, then yes, you should receive SMC-S because your IU fulfills the criteria for a single condition rated at 100%. Here’s the relevant analysis and law: VA has a well-established duty to maximize a claimant's benefits. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993). This duty to maximize benefits requires VA to assess all of a claimant's disabilities to determine whether any combination of disabilities establishes entitlement to special monthly compensation (SMC) under 38 U.S.C.A. § 1114. See Bradley v. Peake, 22 Vet. App. 280, 294 (2008). Indeed, as noted in Bradley, VA must consider a total disability rating for compensation on the basis of individual unemployability (TDIU) claim despite the existence of a schedular total rating and award SMC under 38 U.S.C.A. § 1114(s) if VA finds the separate disability supports a TDIU rating independent of the other 100 percent disability rating. See Bradley, 22 Vet. App. at 294

[@jwlncat]

Understand. I had read the SMC-S as a rating of 100% and a separate disability of 60%. Figures. My wife has been diagnosed with early stage Alzheimer's. How does that look for Spouse SMC-L? Pays $191.14.

[@VADisabilityGroup]

The additional compensations for a disabled wife can be tough to establish unless the spouse is definitely in need. We have found that the wife must be severely limited in order to get the VA to grant such benefits. The law doesn't require such a high standard, but our experience tells us that's the reality. However, I wouldn't hesitate to at least file for the additional spousal aid and attendance. Good luck.