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R. 1 and R. 2
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29 questions in this forum
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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&…
0 votes25 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 -
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 -
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
0 votes16 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 -
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.
0 votes14 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 -
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…
0 votes13 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 -
hearing loss Do I have a chance at R1 or R2?
I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available. My question is this, Do I qualify for the SMC R? At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialis…
1 vote10 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 -
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
0 votes8 answers