Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

Discouraged From Filling For Increase Of Smc

Rate this topic


Recommended Posts

  • Replies 14
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • HadIt.com Elder

We are trying to determine if your SMC is statutory or based on your conditions. If you want a higher level of A&A you need the evidence that you are entitled to it. If you have the evidence there is no reason to believe the VA is going to take away your 100%. How long have you been 100%?

John

Link to comment
Share on other sites

Mrs Dazz

SMC is one of the most confusing benefits VA determines.

The SMC S award is not a building block comp like most other SMCs are, ecxept for the K award.

This past threads here might help you.:

Jbasser is right ,but you could possibly be eligible for A&A (Aid and Attendance.)

And as he asked, it would help us more if we knew what your rating was for.

It is a very difficult benefit for VA to award as it involves a great level of disability, requiring the aid and attendance of another individual.

This is the criteria for A & A:

The provisions of 38
C.F.R. § 3.352(a) (1993) clarify that:

“Basic criteria for regular aid and attendance
and permanently bedridden.  The following will
be accorded consideration in determining the
need for regular aid and attendance
(§ 3.351(c)(3)): inability of claimant to dress
or undress himself (herself), or to keep himself
(herself) ordinarily clean and presentable;
frequent need of adjustment of any special
prosthetic or orthopedic appliances which by
reason of the particular disability cannot be
done without aid (this will not include the
adjustment of appliances which normal persons
would be unable to adjust without aid, such as
supports, belts, lacing at the back, etc.);
inability of claimant to feed himself (herself)
through loss of coordination of upper
extremities or through extreme weakness;
inability to attend to the wants of nature; or
incapacity, physical or mental, which requires
care or assistance on a regular basis to protect
the claimant from hazards or dangers incident to
his or her daily environment.  "Bedridden" will
be a proper basis for the determination.  For
the purpose of this paragraph "bedridden" will
be that condition which, through its essential
character, actually requires that the claimant
remain in bed.  The fact that claimant has
voluntarily taken to bed or that a physician has
prescribed rest in bed for the greater or lesser
part of the day to promote convalescence or cure
will not suffice.  It is not required that all
of the disabling conditions enumerated in this
paragraph be found to exist before a favorable
rating may be made.  The particular personal
functions which the veteran is unable to perform
should be considered in connection with his or
her condition as a whole.  It is only necessary
that the evidence establish that the veteran is
so helpless as to need regular aid and
attendance, not that there be a constant need.”
Determinations that the veteran is so helpless,
as to be in need of regular aid and attendance
will not be based solely upon an opinion that
the claimant's condition is such as would
require him or her to be in bed.  They must be
based on the actual requirement of personal
assistance from others.”

Edited by Berta
Link to comment
Share on other sites

I forgot to ask, do you receive SSDI?

Link to comment
Share on other sites

SMC S Housebound. I need some help. Walking at times difficult, use a walker on occasion. Vision is poor. Not sure what else you need to know.

From what you've posted so far, this would not support a grant for A&A.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use