R. 1 and R. 2

23 questions in this forum

1. 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

   • 10
   0 votes
   4 answers
2. 
   
3. 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

   • smc-r1
   0 votes
   13 answers
4. 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

   • 10
   0 votes
   10 answers
5. 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 asknod, July 9

   • smc o
   • smc r1
   0 votes
   10 answers
6. 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

   0 votes
   2 answers
7. 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

   • success stories
   • r-1 and r-2
   • agent orange related
   0 votes
   5 answers
8. 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
9. 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

   0 votes
   3 answers
10. 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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