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SMC L and L 1/2
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36 questions in this forum
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SMC-L Aid/Attendance Question
I guess I need to know how to go forward. I am 100%P&T schedular AND TDIU. I intend on filing a SMC-L claim for aid/attendance. I became aware of the form 21-2680 (Exam for permanent need for aid and attendance). My Primary doctor is a VA doctor and will most likely not fill out the form. I have no doctor that I know of that can fill out the form for me. I know I can file for SMC-L online at E-Benefits but is the 21-2680 a NECESSITY for filing the claim? I have gathered the appropriate VA Medical notes which clearly show my need for assistance in adl's such as shoes/socks/bathing/trimming toenails as well as statements such as "Unable to perform ADL's" tha…
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SMC-L Aid/Attendance Question
I'm 100%P&T schedular AND TDIU. Prior to receiving my 100%, I had a THR in 2017 and received SMC for a year, which is standard. They then cut me off the SMC in Dec, 2018. When I won my appeal for numerous disabilities and was awarded the final rating in 2019, I did not receive SMC (aid/attendance). Three questions: 1- It is my understanding that when awarded 100%, the VA is obligated to consider SMC for aid/attendance regardless of whether or not it was included in the claim. Because I did not get it, does that mean they looked at it and decided against it? I was going to write an "informal" letter to my Regional Office asking them to look but don't know i…
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SMC-L & L1/2
Hi Everyone, Thank you for all your valuable information that you provide. It has help me greatly! I have a question. I was just awarded a Special Housing Grant because of my eyes. I am legally blind in my left eye, and have glaucoma in both eyes. I found out I qualify for the SMC L or L1/2 plus SMC-k. Is there a form that i need to fill out and send to the V.A. I have received the BBE stating that I was approved for the housing grant. Any help would be greatly appreciated. Thanks, Jimmer
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Is my hypoxic respiratory failure( COPD),oxygen dependent; considered Loss Of Use.
I was wondering is Hypoxic respiratory failure (COPD) would be considered Loss of Use for SMC. Im on oxygen and always tired and fatigue. I just thought of this and just wanted the opinion of someone that is 100 times more smarter then me at these matters. I would think so because our short air supply and breathing from a machine, but I don't know. Can anyone help me understand.
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Requirements for SMC-L Aid and Attendance.
hello fellow patriots. Im looking to for some clarity of my smc-L for aid and attendance claim. I just had a higher level review officer hearing and was told i need not a combine 100% rating which i have but that i need a single disability to be rated at 100%. when reading the cfr i dont see that. the officer said i would qualify because of my need for aid and attendance is clear since ive been in the caregiver program for last 8 years but that i needed a single disability at 100%. is this correct? thank you guys and gals!
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SMC L C and P Exam for PTSD - What to expect?
SMC L C and P Exam for PTSD - What to expect? Applied for smc l c an p next month any advice appreciated.
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am i eligible for SMC-L and how do I apply?
hello, i was told to look into something called smc l. i dont know if i qualify or not. i was given a 100% permanent and total rating in 2015. here are my ailments. biploar disorder 70% Asthma due to jet fuel exposure 60% cystic acne due to jet fuel exposure 30% carpal, allergies, tinnitus each at 10% i also get ssdi 100% and they require me to use my sister to manage my finances. my sister also basically serves as my caregiver. without her i dont believe i can function. she does everything for me from finances, to taking me to appts, to reminding me and sometimes helping me clean. and more. would i be able to apply for smc-l and if so …
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SMC L? should I be rated higher to SMC M
I received my award letter today and was granted increase to 100 ptsd/mdd/somatic syndrome disorder. previously I was awarded smc L in April for being so helpless,... but didn't have a single 100 rating in April... the VARO made an error...so now I think the VARO corrected the mistake in my April award and corrected it in my July award because I have a single 100 rating for ptsd...Question:My previous award or current award didn't include a Rating Decision Code Sheet, so do I call 800# to request this document?I don't know what disabilities the VARO is including in my helpless SMC L award in my A&A form. Question:If one or more of my disabilities in listed my origina…
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New 21-2680
So I spoke with my primary doctor who I spoke to about filling one of these 21-2680 since my psychiatrist pretty much had no idea what he was filling out spent a night doing it. Which had quite a few errors on it but I submitted it in anyways for a quick denial last month. My primary doctor fixed the errors spent a week filling it out for me to submit. Now that this is a new application using the 21-2680 in the past two months, how does that look when they make a decision he’s my primary doctor who has been caring for me only since 2016, and the psychiatrist since mid 2017 or does it even matter both are VA employees ? Well not sure how it will go I can prepare my meals p…
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SMC exam tomorrow
So my exam is here tomorrow and I’m not sure if they will send me me to additional re c and Ps not worried I had 5 of them last year so they are all under one year the newest on increasing my migraines to 50% last week. But does anyone collect caregiver benefits and SMC L? If so would getting SMC L be evidence enough to be granted caregiver benefits if approved?
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Working and Aid and Attendance
Hey, I don't have a job, but I'm in Voc Rehab to get a job. I think I qualify based on the severity of my mental disorder and how my wife helps me to get up in the morning, maintain hygiene, medication management, had to have knives and shavers locked up in my house, and no guns in my house. She is also my general caregiver, but I didn't qualify for the caregiver program because I think it's because I'm in voc rehab. My wife and I create goals for me everyday to accomplish. I can make meals with supervision. On my worst days, I can't get out of bed or attend to the wants of nature. On my good days, I'm good for about half the day and then I have a mood swing. Doctor is tr…
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SMC L
Can you get Aid and Attendance and have a job?
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ptsd back pay
BACK PAY: Does VA give retro back pay all at once or do they break it down...I used a va retro calculator and in low end and high end scenarios I came up with $40,000 plus....7 year back pay on one condition 5 years on another..long story short called VA because after waiting 2 plus weeks from receiving award letter they stated I had a payment of only half that being scheduled for this week couldn't give any info on any future if any payments
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ptsd Put in for PTSD Increase and SMC L
Good Morning, I have a few questions about SMC. I currently receive SMC S, for I have 70% PTSD and have 50% for Sleep Apnia, 40% for Fybromyalgia, 30% Migranes, 20% for Cervical Spine, and 10% for TBI and a host of about 9 other things all listed at the 10% Disability rating. Would they just look at new A/A that I just submitted or would they pyramid me to the SMC t? this is so confusing. Thanks for any help.
0 votes3 answers -
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Most Common VA Disabilities Claimed for Compensation:
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
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Joey Ross, -
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Most Common VA Disabilities Claimed for Compensation:
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