iraqx2

I can understand your point, but as I am reading the wording of the regulation, it states " regular " aid and attendance, which would be defined in 3352 part A. If the regulation of the T was created to for TBI vets and would save the government money if the vet would be hospitalized, then why would the VA pay for a specialist to take care of the vet at home? I hope someone can chime in. Thank you Mr. Cue

Hello everyone. Can someone kindly please help me read and understand the regulations regarding entitlement for SMC T? In particular, the Aid and Attendance part. I keep reading and researching CFR 3350 for the criteria for SMC T and CFR 3352 for AA requirements. From what I have heard before, SMC T only required " Regular " Aid and Attendance as stated under 3352 (a), and a " Higher " level of AA is a separate requirement ( yes, SMC T also has more requirements ). I have contacted my VSO but they are not familiar with it. This is so confusing. VA made a decision on my claim and denied SMC T because I would need a " Higher " aid attendance. But what i am seeing under the regulations in CFR 3350, the word " regular " aid and attendance is written. Out of so many years dealing with the VA, this last decision letter was the weirdest and strangest. I think the rater may have error in applying the criteria for " Higher " AA for my SMC T claim ( Higher AA requires that the caregiver be licensed ). Thoughts? Thank you.

I am happy your parents got dependency. I live with my parents and had recently filed for them as dependents but was denied. Va stated that the $1900 a month combine that they make is way too much. I don't have a problem with that. However, the problem is that VA stated that it was over the $660 threshold. What the heck? That low? Who gets social security and does not get over $660 combine. So this so mute to me. To be able to qualify, parents must absolutely collect no income what so ever it seems like.

This very interesting. I was given a rating effective date of 2009 but it was from an explosion that was documented to have happened in 2003. I am 100% for TBI. Its a nasty sickness and no true cure for it. I wish VA would change the rating scheme. The injury took place when the incident happened, only worsen through time.

You get one amount from SMC-S. Not in addition.

Hi Broncos. It's me! Sorry for the confusion but this will be an increase in a current SMC rating. Regards

Hello folks. I believe in the old days you can call the VA or write them a letter to request an increase to an existing rating. So now we must use form 21-526EZ? Is that correct? Sounds overkill to use this form. Thank you all.

Hello and good news everyone! My longest wait for an appeal ( waited close to 6 years ) was finally approved. Had to contact my senator's office because of the long wait ( but I am not sure that helped sped things up ). I appealed an 5 year reexamination in 2014 requesting a higher SMC rating for my TBI and P&T status. Got P&T granted last year and now finally was approved earlier this month for a higher SMC rating, based on the information in VA.gov and calling the VA. However, I did not receive the decision letter as of yet nor have been paid. Supposedly the letter was just created and in the process of being mailed. I am on pins and needles. This is so excruciating and at times painful of a wait. My biggest fear is that they will mess up on the retro and I might not receive a penny, which would be crazy. In hindsight, I also wonder what if I never specifically requested a rating of L on my Notice of Disagreement? They may have decided on another SMC higher rating ( because one step up from S is actually L anyways ). So stressed but relieved to perhaps closed out this wait. Have a good day everyone.

Hello. This past April marked my 10 year anniversary as " Permanent and Total " Disability with the VA ( 100% SMC S ). I know this is a very important milestone. Currently I am single. My question...., if I would someday start a family and get married, and god forbid I get hit by a bus or past by any cause, my wife would receive D.I.C. My passing can be for any reason and D.I.C payments will last forever if my wife does not remarried?? Is that true?

Hello Folks, My kids were recently and finally awarded Chapter 35 for last semester. The VA finally sent their payments. As expected, they sent a letter to me wanted a response back within 60 days ( or an appeal ) in regards to an " over payment ". Obviously I have to repay the kids' as a school age dependent after the age of 18 to the difference to what they were paid for Chapter 35. This is obviously a huge amount. I am wondering if I can ask them for a payment program or appeal it......, but on what grounds? Anyone successful had their over payment forgiven by the VA? Thanks

Hello Folks. My kids are still awaiting for their 1st Chapter 35 payments to be processed. Because the new law drops the months of edibility from 48 to 36 months, how does the VA usually calculate the dates within a non full month the kids are in school? For example, the attendance for son submitted by the school was between August 29th to December 19th. Will he just be paid for 2 days in August AND that would count against him as an entire month? Thanks,

Hi Bronco, How is the annual COLA calculation coincide with the law ( HR4958 ) the President signed this past week? In addition would be a miracle. Sounds like it gave the VA Secretary authority alone to bump up the disability rates.

Hello there. Can not find it anywhere in the regs but heard it from a few sites. Is it true that now I am a P&T 100% status, I am now covered in case of emergencies? For example, I fall outside my driveway and break my leg, an ambulance picks me up to the nearest NON-VA hospital. VA will cover? As of now, my only source of medical needs is solely from the VA.

Hello Folks! Hope everyone on board is doing well. I have been at 100% for TBI since 2009 plus other ratings. At the 2014 reevaluation, the decision was to keep it static at 100% for TBI. I felt that was not right because I was getting worse, so I filed an NOD for a P&T status and also on the same NOD, appealed for a higher SMC based on A&A. IT WAS SUCH A LONG WAIT!!! THIS IS 2018!!! I suspected progress when they finally sent me to be reexamined again this past spring. I finally got the letter last week, P&T awarded, effective date 2014. I needed that so bad. My son already started college two years ago and my daughter is starting this year, they officially had no educational benefits. Chapter 35 will help big time! Its a great win after a hard fought battle. However, no decision was made on a higher SMC. The appeal is still showing " open ". I just hope that by them deciding on one issue of a NOD, they forgot about the other. Awarding P&T is on the same line as the other issue. I feel so relieved. Thank you all.

I am not going to hop out of this que and join ramp. We all know how the VA works. No, my GI Bill has long expired. And yes, I am certain that I am not P&T. Those guys are jerks for sending the pamphlets anyways. Thank you everyone