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R. 1 and R. 2
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28 questions in this forum
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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 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 -
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 -
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 -
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 -
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 -
Help?
Is there anyone I can get to help me fill out my application for SMC(t)?
0 votes1 answer -
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 -
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 -
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
0 votes2 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 -
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.
0 votes4 answers