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Does this qualify me for SMC T

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of dizziness and lightheadedness, residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving
with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes) a single disability upon which a total individual unemployability rating is based and additional service-connected disabilities of tinnitus, scar tracheostomy due to ventilator dependence, left shoulder impingement syndrome with supraspinatus tendinitis (claimed as dislocation of left shoulder with popping), right foot strain (claimed as right foot contusion), independently ratable at 60 percent or more from 11/11/2016???

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  • HadIt.com Elder

In 2008, the VA did an overhaul of the rating system for TBI, and added a new section to the VA regulations – 38 C.F.R § 3.310. Under the new rating schedule, veterans can be compensated for TBI in the following categories:

1. Emotional/Behavioral residuals

2. Physical (neurological) dysfunction

3. Subjective symptoms

4. Cognitive impairment residuals

Under this recent over haul of the rating system for TBI, the VA also recognized that the costs associated with TBI-related care can be astronomical. The VA established a Special Monthly Compensation benefit specifically for TBI cases (SMC t), under 38 U.S.C.S. § 1114 (t). This benefit pays at the highest possible level of Special Monthly Compensation (SMC R-2), but without stringent requirements of the SMC R-2 benefit.

In order to be eligible for this type of special monthly compensation, the veteran must be able to prove that, due to TBI residuals:

The veteran is in need of aid and attendance

The veteran would require hospitalization, nursing home care, or other residential institutional care in the absence of regular in-home aid and attendance.

The veteran does not otherwise qualify for a higher level of Aid & Attendance under 38 U.S.C.S. § 1114 (R-2).

Sorce : Hill & Ponton Attorney's

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The answer is no. The decision states:

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i).

38 cfr 3.350(i) states:

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

Ergo, you are awarded SMC (s). Merry Christmas.

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NOD, is Ergo near Ergon or Argon?

Semper Fi

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er·go
ˈərɡō,ˈerɡō/
adverb
 
  1. therefore.
    "she was the sole beneficiary of the will, ergo the prime suspect"

 

I use it a lot in legal briefs. DROs don't know what it means. They have to look it up. Nobody takes Latin as a language course anymore. 

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So when I get my neuropsych test done in April and I just had an MRI that my Va doctor said he thinks it is permanent now after ten years my residuals would that be enough evidence to show Permanent and total? And why isn't my TBI considered for SMC T the C&P Doctor said my cognitive impairment was a risk for all employers and it could be what's giving me frequent headaches but then my headaches were again continued at 0 even with the painkillers I'm prescribed and now a new drug from the VA ? I have gone to the ER primary doctor visits and a VA neurologist for my headaches. How is my SC for headaches still at   0?

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