R. 1 and R. 2

27 questions in this forum

1. 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…

   Asked by FormerMember, July 9, 2021

   • smc o
   • smc r1
   0 votes
   16 answers
2. 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…

   Asked by jamescripps2, October 19, 2022

   • success stories
   • r-1 and r-2
   • forums success stories
   0 votes
   22 answers
3. R2 but no advanced home care

   I've had two C&P 2102168 exams, both times docs recommended nursing homes. I declined, and I refuse most "advanced home care" as well. I argue the word in the reg is "need," not acceptance of any care that is unwanted. BVA in ten days to argue...advice? I've drafted a ten page argument. Am R1 now, terminal, age 75

   Asked by rustysilverwings, February 18, 2022

   • r2
   • r1
   • 21-2168
   1 vote
   16 answers
4. 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.

   Asked by WARREN WHITE, January 5, 2022

   0 votes
   14 answers
5. 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.

   Asked by FormerMember, December 19, 2021

   • smc r1
   0 votes
   3 answers
6. 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

   Asked by Lonniebrinson, October 15, 2021

   • 10
   0 votes
   4 answers
7. 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

   Asked by Lonniebrinson, October 8, 2021

   • smc-r1
   0 votes
   13 answers
8. 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%

   Asked by Lonniebrinson, September 27, 2021

   • 10
   0 votes
   10 answers
9. 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

   Asked by Mark777, April 8, 2021

   0 votes
   2 answers
10. Not a question but a comment.

    My bank account got a boost this morning due to a retro deposit as a result of a grant for an increase from R-1 to a R-2 rating. I filed a ready to rate claim on Feb 1, 2021. My C&P exam was preformed on Feb.12, 2021 and the claim was granted on March 16, 2021. I also was awarded an increase on Chloracne from 0% to 20%. I was awarded another 30 % for painful scars. I have seventeen rated scars, most scars are from four to fifteen inches long. I did not file on the scars, they were discovered on the C&P exam and awarded as a result of VA's duty to assist. I also have a COVA case pending for an earlier effective date of SMC R-1. I have won a joint motion for r…

    Asked by jamescripps2, March 25, 2021

    • success stories
    • r-1 and r-2
    • agent orange related
    0 votes
    5 answers
11. R1 to R2

    Now that I am rated at R1, my wife asked me the other day how do you get to the R2 SMC rating? That question I would like to know also. My wife does give me bowel and bladder care regularly due to my MS, and she is paid by the VA monthly for that. Thanks for any help.

    Asked by jefmil50, January 30, 2016

    0 votes
    14 answers
12. Special Monthly Compensation - (SMC-S)

    Hello, I am 100% permanant & total & trying to find out if I am eligile for SMC-S. I am rated at 70% for depression/PTSD/Military Sexual Trauma, I do not have any other ratings higher than 50%. Am I automatically eligible for SMC-S housebound? I called the VA but no one could explain SMC-S to me?!?! Confused & Lost, please help! I want to file a claim for SMC-S. Can I get it? Thanks Confused & Lost Veteran.

    Asked by Peteet, March 2, 2021

    0 votes
    3 answers
13. SMC-T and what does this mean exactly?

    What exactly does this mean? I. VA Interpretation of Public Law 111-275 Under this proposed rule, VA will directly implement 38 U.S.C. 1114(t), which states that an additional award of SMC is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for additional compensation under 38 U.S.C. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care VA would also make clear that a veteran entitled to this benefit shall be paid during p…

    Asked by taylor88be8, August 7, 2020

    • tags
    0 votes
    3 answers
14. Am I there yet?

    Yes I am there. My appeal only took eight months. In October , 2015, I was awarded loss of use of a hand and a foot and got the vehicle grant w/adaptive equipment and the SAH grant. I appealed that decision because upon any new 100% grant the VA is obligated by statute to consider A&A as an inferred issue and they failed to do that. In December 2015, I appealed the decision because A&A was not considered as an inferred issue. My contention was, I was awarded SMC "L" for loss of use of two extremities in the decision. Had the VA considered A&A as an inferred issue at the time of that decision as they should have, I would have qualified for regular A&…

    Asked by jamescripps2, August 13, 2017

    • smc o and r-1
    0 votes
    25 answers
15. Help?

    Is there anyone I can get to help me fill out my application for SMC(t)?

    Asked by Kiwi379, April 22, 2020

    • smc(t)
    0 votes
    1 answer
16. Working Toward R-1

    I recently filed a claim for the VA to look at my total record and determine if the totality of my service connected condition combine qualifies for a second SMC L-aid and attendance determination or that of SMC O or R1. I had researched the BVA site and internet the last few years and found that such determination where, for a time, hard to find. However, now there seems to be an abundance of search determinations for me to review and pattern my case by. One case that is very similar to mine is actually posted here by Jamescripps2, I believe his name here is. Also, I have profited greatly, knowledge wise, from periodically reviewing ASKNOD. His post are a combination…

    Asked by VICDE, October 11, 2019

    0 votes
    7 answers
17. Sent notice of scheduled c&p for aide and attendance

    I am rated 100%. I am a recent lower ext amputee due to rated diabetes. Had my va claims helper fill out claim for smc k for loss of foot. He also applied for housing adaptation grants, and informed me of clothing allowances and auto grant. A few days ago i recieved overnight fedex, notifying me of cp exam for aide and attendance. I think it is for smc r1. Is the r1 pay rate in addition to my va disability rate? Or is it one or the other?I also recieve the smcs pay in with my va disability check. This is all new to me. Thanks for replies

    Asked by khensonb52, January 4, 2020

    0 votes
    8 answers
18. 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…

    Asked by ArmChairRanger, December 2, 2019

    0 votes
    0 answers
19. Mistake

    Fellow Vets. Be careful when you put in for Special Monthly Compensation. I put in for TMJ and it never was filed under SMC. It was filed as a new claim but I attempted to file the claim on E-Benefits using SMC and well it was not put in as SMC. I was granted 10% TMJ which did not increase and no retro. I am now trying to appeal it, or let me rephrase that. I am sending a notice along with form 0995 as supplemental stating there was an error in filing. We shall see.

    Asked by Ddsr, September 27, 2019

    0 votes
    4 answers
20. SMC (R1) EXAM: IS SMC (R1) A PHYSICAL EXAM OR VERBAL?

    All, Does anyone know if the SMC (R1) exam is a physical exam (ROM DEGREES) or is it an INTERVIEW or combined? The thing that is confusing me is that according to the VA, this SMC (R1) exam is scheduled for 4 hours? I was told that a form 21-2680 is going to be used by the VA medical provider? I would like to prepare myself for the type of examination (verbal or physical or both). CP

    Asked by cherry picker, April 6, 2019

    0 votes
    3 answers
21. SMC- R1 EXAM APPOINTMENT, WHAT TO EXPECT? HOW TO PREPARE?

    Fellow Hadit members, I am reaching out for advice in regards to an SMC-R1 exam appointment for 100% PTSD, bilateral sciatica (40% L, 40% R, and lumber50%) coming up in 2 weeks. I am filed for SMC INCREASE (+) TO SMC-R1 for A/A due to the ongoing deterioration of my conditions. The reason for the increased file is due to my bowl and bladder problem, the limited mobility of my legs (have fallen, unable to do any minor activity), and my ongoing PTSD which has gotten worse. My wife and sons are taking turns assisting me with the day to day tasks (bathing, dressing, standing, in/out of the vehicle) and need to observe/monitor me due to my PTSD aggressive reactions,…

    Asked by cherry picker, March 30, 2019

    0 votes
    2 answers
22. I think i am there

    R 1 states if u have in home care by a licence agency under the care of rn. Well I just got a&a from the va hospital for 2 day 8 hr. Which was a refferal It is all pay for by hospital. On paper work it say with out these services I may need nursing home care. ? I am 100% iu p&t for my neck 60% depression 70% elbow and hand 40% for over 20 year with no smc. What my chance

    Asked by Mr cue, July 19, 2018

    0 votes
    2 answers
23. White House hotline

    what is the White House hotline? does it work? any tips for using it?

    Asked by Jdfute, February 7, 2018

    0 votes
    1 answer
24. How to get from SMC L to R2 in six months

    As promised, I attach a big winner. I've never found so many CUEs under one rock. Kev's DRO reviewer called him up to tell him he knew more about SMC than she did. My name never came up fortunately. Redacted DRO for R2 for Kevin.pdf

    Asked by FormerMember, May 5, 2016

    • smc
    0 votes
    16 answers
25. ptsd From S to R2?

    I was most recently diagnosed with a seizure disorder and was referred to University of Pittsburgh for a case study along with the Mayo Clinic. Here is his letter Attention Mayo Clinic/University of Pittsburg concussion Center ; As noted in Mr. Frei’s history, he underwent severe trauma while active duty military. He has since been retired from the military with posttraumatic stress disorder and traumatic brain injury which is not fully been compensated yet. Traumatic brain injury is definitely a component. I have been his primary care physician for approximately the last year as he has started with the VA in Wilmington, Delaware. A…

    Asked by jfrei, March 10, 2017

    • doctors referral
    0 votes
    13 answers