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Terri

Question On Smc S Awards

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I have a question on SMC s awards. My husband will be receiving SMC, with 2 l and an s. I have not received the award letter yet, which will, I'm sure answer my question, but , in the mean time:

At least one of the L awards is based on aid and attendance for tremors in both upper extremities.

But, that s award: It doesn't get applied as a step function, since it doesn't fall below an o. Does it get eclipsed by the L, since it is a higher monetary payment than the S, or does it get added in, some way?

Thanks,

Terri

He's been rated 100% for cognitive disorder, 50% for right upper extremity tremor and peripheral neuropathy, 40% for left upper extremity tremor and peripheral neuropathy, 50% for sleep apnea, 20% for chronic liver disease, 20% for epilepsy, 10% for right plantar fascitis, 10% for left plantar fascitis, 10% for residuals of right knee ligament repair with arthralgia, 10% for right lower extremity peripheral neuropathy, 10% for left lower extremity peripheral neuropathy, and SMC for aid and attendance criteria being met. This is from the rating decision.

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SMC is a complex issue- good questions here!

I believe that L encompasses the S award- meaning SMC S is needed to qualify for L and the S money is absorbed into the L compensation amount.

2 L awards both independent of each other? I have never seen that before-

and I dont see any steps to the L award but certainly he might meet the criteria perhaps for M award.

Rich is our SMC expert here and I hope he chimes in.

The award letter will show exactly how they have determined his SMC level.

I have similiar claim pending- SMC accrued due to AO-

CVA residuals totally 100%, PTSD 100% and a DMII and CAD rated pending (I hope)

VA determined a rating for cognitive impairment and other CVA residuals that was incorrect- years ago.

Bit with the 100% your husband has for this- the other disabilities certainly put him way beyond S- as you correctly know-

I told VA to keep the S and send me the accrued R-1.

With S established I am pretty sure that the higher step levels are not in addition to S -money -wise.

Not much help here from me-but I am sure anxious to see what others say.

and what the VA says in the award letter.

For the L award it seems they correctly assessed him to have loss of use of upper and lower extremeties at 3 levels.

The VBM by NVLSP makes a point- Amputation is a prerequisite for the SMC O award if the disability involves loss of use of shoulder.I think they mention shoulder and no mention of lower extremities because a close shoulder amputation cannot be provided an effective prothesis in most cases.

He presents catastrophic disability due to his service. I sure commend you for making sure that he gets his proper SMC level and compensation from VA.Spouses can be superb "vet reps", often better then accredited ones.

Do you mean these %s are from his past rating decision?

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Berta,

"L" determination is made on qualifications of 352(a) Not if Vet is an amputee because the rate payable under L is subject to reduction when vet is hospitalized. If your a 100% then the rater has to consider you for SMC or A&A and if feels NO then it's coded 19C. 100% Rated Single.

Now A.&A. First you must qualify thru 38.352(a) so helpless to require the aid of another person to perform the prsonal functions of his functions required in everday living. The Sub. Sections 1114(l) thru (p) define the regular level of A.&A. R(1),R(2) are higher special A.A. (r!) being cared for to protect himself

(r2)Without the care at home he'd be in a nursing home and is being cared for at home by a trained person. RN, In my case spouse who checks with VA Dr. once a week.

The M,N,O,P,Q m might be for being deaf, n for blind sight no better than 5/200

There in 38.3114(l)(m)(m)(n)(0).....problems not in what's what it gets convusing when you rate amputee's below the knee combined with one lost eye. end up with an (l) and another (l) which will be paid as an L1/2. They will bump it up 1 rate level or most times one half but not up to o bcause that could very probaly get you to r.

go look at 38 U.S.C. 1114(l) read thru ®.

The amounts per month are in the monthly comp tables at special rates.

Those figures include 100% Married or Single children or no then x.

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