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R. 1 and R. 2
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29 questions in this forum
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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 -
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 -
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 -
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 -
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 -
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…
0 votes7 answers -
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,…
0 votes2 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 -
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 -
R2 in Manila
Brother Kevin in Manila writes me this afternoon to tell me the letter I wrote arguing his entitlement to R2 clinched the deal for him. He got the skinny end on the Earlier Effective Date (EED) at 3/29/16 but that's a battle for another day. He is now entitled to $8,318.95 a month. I feel good about this one. It took almost 14 months and about 4 C&Ps. It reminds me of my wife in 1987 making them kill four rabbits to confirm she was pregnant beyond the shadow of a doubt.
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 -
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