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R. 1 and R. 2
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29 questions in this forum
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R2 fight for mom
Hello everyone! I've been fighting for about 8 years for my mom who has severe dementia as a result of several strokes caused by her service-connected hypertension. I'm her fiduciary and POA, so I've been handling this on my own. I want to thank everyone who has shared their stories, because I wouldn't even know about SMC if it weren't for this forum. Our VSO gave up the fight as soon as mom obtained a 60% rating. I recently got her to SMC-L with K this month, but I feel the VA has still missed a condition in her medical records and made some errors in determining her current rating. Honestly, she should have been TDIU since 2012 but she was stuck at only 20 or 30% f…
0 votes8 answers -
New SMC rating?
I am currently rated SMC (L-1) Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of loss of use of both feet from 01/2018. I had submitted a claim for sleep apnea based on weigh gain and submitted an examination for permanent need for aid and attendance to show that I could not exercise properly. The sleep apnea claim was denied but the VA approved a second SMC (L-1) 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 from 08/2019. Do you have to submit a claim for additional SMC b…
0 votes4 answers -
SMC R1
Can you qualify for R1 by obtaining two SMC-L for Aid and Attendance? For instance, one SMC-L aid and attendance for Low Back Pain and other SMC-L for PTSD aid and attendance.
0 votes2 answers -
Aid and Attendance/SMC
Hi Everyone, I'm not sure if I posted in right place or not, but I have a question and need guidance. I was rated 50% migraines for about roughly 20 years. I have 70% (I think adjustment disorder) 90% TDIU P and T unemployability. I was recently diagnosed with seziures about 3 years ago and I have complex migraines that act like seziures along with PTSD. My brain is a little messed up. I have aid and attendance that is about an extra 100 something a month. I have been fighting for VA Caregivers Program. That is still in the works again. I have executive order disfuctioning including loss of memory, comprehension etc...everything that comes along with …
0 votes18 answers -
The Double Whammy-2 A&As = R1
It's not often I can snag a double SMC L for 2 A&As. Here, the Veteran was going down the tubes with just the Parkinson's. The A&A was a no brainer. With his inability to perambulate without falling down, he should have gotten LOU of the BLEs. I couldn't convince Judge Peters on that one because the VA C&P troglodytes made sure they put in that "He drove himself to the Emergency room." I might point out his wife had been in a traumatic automobile accident and hasn't driven in over a decade. Maybe I should have filed a NOD on just the 20%ers for the BLEs but he would have been dead before that even made it to the docket. When he got the b cell, hairy le…
0 votes16 answers -
After seventeen years of fighting the VA stick a fork in me, I am done!
I began my VA claims saga in 2005. My first success was in November 2009, whereupon I was granted the very first claim for AO exposure at a military instillation in CONUS. That award was a 100% P&T plus an "S" award and 1 "K". The award was for Diabetes due to AO exposure, ischemic heart disease claimed as secondary to the Diabetes, and Chloracne. In the subsequent years there have been numerus other claims and grants including three 100% P&T awards. I filed for, and won at 100% P&T, loss of use of right hand and right foot. In July 2020, Fournier's Gangrene dammed near killed me and I won that one too, in short order. That Fournier's Gangrene claim as seconda…
0 votes22 answers -
effective date loss of use both feet and both hands due to parkinson's.
i have been awarded loss of use for both feet and both hands due to parkinson's. they gave me an effective date of oct. 2021 when i filed my claim but my medical records show symptoms back to 2016. should they have made the effective date 2016 since parkinson's falls under nehmer law.
0 votes14 answers -
R1 WIN for Multiple Sclerosis
Here's a great win for a gal who's fought for 8 years to get her R1. I am honored to have been the one she chose who finally got her over the top. What's an absolute hoot is that she sought me out precisely because I was NOT an attorney. Even more strange, she is... or was, until the disease consumed her both physically and mentally. How wonderful it is that this blessing arrived on the cusp of Christmas. I reckon if you believe in God, this is pretty strong mojo to prove it. https://asknod.org/2021/12/18/bva-smcr1-you-make-my-dreams-come-true/ Merry Christmas to you all and may the VA bless you with a favorable decision soon.
0 votes3 answers -
Aid and attendance 3.352(a) and 3.352(b)
I recently file for basic regular aid and attendance 3.352(a) but was denied for a higher level of aid and attendance under 3.352(b). I do meet the criteria for aid and attendance under 3.352(a). The decision letter stated I don't meet the criteria for higher level of aid and attendance. Do any one have any idea why the va did not rate me under 3.352(a) . Here my disabilities Smc-L loss of use of both feet 100% Bowel incontinence 60% urine incontinence 60% IVDS 50% PTSD 30% painful scars
0 votes4 answers -
Higher level aid and attendance
I recently filed for aid and attendance. I was denied because the va said I do not meet the criteria for higher level of aid and attendance which will be (SMC-R2). Here's the problem I filed for basic aid and attendance under 38 cfr 3.352(a) ( SMC-L). Do anyone have any idea why the va overlooked the basic level of aid and attendance ? My current rating is SMC-P2. SMC-L loss of use of both feet 100% bowel incontinence 60% urine incontinence 60% IVDS 50% PTSD
0 votes13 answers -
SMC-R1
My current rating is SMC-M ( loss of use of both feet and 100% bowel incontinence ). Since I have one SMC-L for loss of use of both feet. My question can I use the 100% bowel incontinence to apply for aid and attendance or that would be considered pyramiding because I need two separate smc L-N with one being A&A to equal SMC-R1 ? I do have other disabilities IVDS 60%, urine incontinence 60%, PTSD 50%, painful scars 30%
0 votes10 answers -
SMC
Hello, I was sent to an Aid & Attendance Exam. My wife is my provider who is a physician who has to stop working to take care of my bed sore, injection, physical therapy, feeding, bathing, etc. I have a lot of spinal nerve problems that keeps me bedridden. Unbeknownst to me, the exam physician stated that I am bedridden 8 hours a night and 5 hours during the day. I found this out through a rep that read the exam. I clearly stated to the physician that I am in bed all the time except when my wife gets me in a wheelchair and gets me in the shower. My question is, did the physician just screw me out of being truly bedridden? Thank you very much in advance. Mark
0 votes2 answers