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Should I Be At Smc L 1/2?

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ollie100

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• .Benefits Special Monthly Compensation Benefits

You are receiving the following compensations


SMC (L-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 12/06/2011.Rating Date : 01/26/2013

SMC (P-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. .



..My wife was looking thru ebenefits and noticed this feature.. .Should I be getting paid at SMC L or L 1/2. .....Im confused....Im getting paid at the SMC L level......Im rated at 100% P&T and the A&A is probably for all of my disabilities.....Thank you for your responses and your service!!!!!
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You might want to rethink that logic, Ollie. SMC L is also known as Aid and Attendance 1 or abbreviated A&A 1. A&A 1 is SMC L. Look carefully at the requirements for L and at 38 CFR 3.350(b)(3) and then look at 3.352(a).

(3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a).

(a) 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©(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.

But see 3.350(f)(4):

(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above.

Translated, that means if you qualify for L and have two (2) independently ratable 100% disabilities, you get M. No ifs, ands or buts.

Edited by asknod
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Thanks asknod...I very much respect your opinion...in order to get this rectified I filed a claim:

Status of Your Claim

Under Review

  • Submitted: 07/20/2015 (Compensation)
  • Estimated Completion: 04/03/2016 - 09/30/2016

  • Disabilities Claimed: SMC P-1 (New)
  • Representative for VA Claims:

Current Status: Under Review

Ill post what happens when the time comes...next year or so..lol

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They try to do a pretty good job of camouflaging SMC. It's like the Mississippi River and switches back on itself quite a bit to confuse you. Best of luck and always take what those fellers down at the VSO say with a grain of salt. They tried to tell me tattoos were willful misconduct. If that were true half the Navy and all the Marines would be guests in Ft. Leavenworth.

clear prop!

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They left out only those who served after 9/11/2001 are eligible for SMC T. It is basically a regurgitation of 3.350 but with less legal language. Very few notice the small "or" at the end of SMC O that says " or a combination of multiple injuries causing severe and total disability". That "or" obviates the need for all the above considerations for O which greatly reduces the burden on the Vet to qualify.

As the link says, SMC is one of the hardest VA regs to wrap your mind around.

Edited by asknod
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I sent the above information to IRIS..Got a response:

 

A review of our electronic records indicates that even though you may be entitled to a specific SMC, this still needs to be applied for.

 

So, let me get this straight...even though it says I am entitled to SMC P-1 (L 1/2)...I need to apply for it....wow, really?

Edited by ollie100
Wording
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