hypertension Smc L, R, Or S?

[Colawoman]

Does one get basic 100% disability plus SMC-l at the same time? I don't want to appear greedy but I thought I would basically get double what they deposited in my account yesterday.

[Berta]

There is a wealth of information on all of the types of SMC in this forum.

Start here:


This is a BVA case for SMC at the L level.

"The criteria are met for special monthly compensation based on the need for regular aid and attendance. 38 U.S.C.A. § 1114(l), (s) (West 2002 & Supp. 2013); 38 C.F.R. §§ 3.350(b)(3), (4), 3.352(a) (2013)."

The veteran met the criteria for both SMC S and SMC L.


"Because the Board is awarding SMC based on aid and attendance, the claim for SMC at the housebound rate is moot as SMC at the aid and attendance rate set
forth at 38 U.S.C.A. § 1114(l) is greater than SMC at the rate set forth at 38U.S.C.A. § 1114(s) based on being housebound."


"ORDER

The claim for special monthly compensation based on the need for regular aid and attendance is granted."

(Regular A & A is SMC at the L level.)

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files5/1342030.txt
This case shows how a veteran must meet the level of disability for assignment of SMC L.

If we can read the decision and their reasons and Bases, we could help more.

Did the VA even consider you for SMC?


Were you specifically denied for SMC S or L in the decision ?

SMC S can be awarded under two separate theories. Only one award, but it is either under HB (Housebound) or 100% Plus 60% for an independent SC disability.

Did the VA even consider you for SMC?

Please cover you name address and C file number before you scan and attach the Reasons and Bases part of the decision here.

[Colawoman]

Let me clarify...I was just diagnosed with ALS and I was told I would be given an automatic 100% disability rating. I went through the PVA and I was awarded 100% (approximately $3K/mo) plus I was awarded SMC-L. When I did my research (this is completely new to me and my wife) several places stated that "in addition to" I would get approx. $3700. So I was expecting $6700 - don't get me wrong - I'm grateful for the $3700 and if that is the amount - no problem. I just didn't want a mistake to happen and we not know about it. Thanks for you time and information!!

[john999]

Go to the VARO if you can and ask about this. You are not supposed to have to claim SMC. If they shorted you be sure you raise cane. If they stall too long file a Notice of Disagreement just to preserve appeal rights. It seems obvious that a mistake has happened in that you were shorted for the SMC. I would send the VA an IRIS to ask about this if you can't go in person. I was awarded SMC and the VA stalled and said they were waiting for more information blah, blah. I got on their back and got the money.

[Colawoman]

So you think that I really should get $3,000 for the 100% disability AND $3,700 for the SMC-L for a total of $6,700 a month??? It just sounds to good to be true....

[iceturkee]

I wish I had all the money that VSO's said Vets dont deserve and should not apply for, but, who didn't listen and applied anyway and got benefits. VSO's have in their charter to "cooperate with VA". I think most of them think this means to talk Vets into withdrawing, not appealing, or never applying for a claim. My VSO wanted me to "settle" for a zero percent rating, after all, I am "service connected and have my foot in the door". He made me think the VA would take my SC away if I tried to appeal. This advice cost me thousands and thousands..

when my claim for smc was denied, the vso who was suppose to be working my case told me not to file an nod because i didn't deserve unemployability. this was said without reviewing my va record nor the va's rational when granting me iu. i told him to go to hell.