Lonniebrinson

My current rating is SMC-P2 = smc-m, (LOU both feet and 100% bowel incontinence) My bowel incontinence is separate and distinct from my LOU both feet. Can I filed for A&A on my other disabilities. 1. 100% Bowel incontinence 2. 30% Pelvis 3. 10% L/R residual wrists 4. 50% PTSD Note: I also have 60% IVDS and 60% bladder incontinence but I believe those 2 disability are not distinct from my LOU of both feet.

Thanks

Thanks Richard. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2(SMC-M) ?

Thank you. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2 (SMC-M)

But according to 38 u.s.c 1114 it states " or if already entitled to an intermediate rate to the next higher intermediate rate". The sound like a 2nd bump up from L1/2 to M1/2.

SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ?

I believe I'm underrated I was rated SMC-L 1/2 ( smc-p1 ). Months later I was granted a separate single 100% which move me up to SMC-P2 which is equal to SMC-M.... Should I be rated SMC-P3 which is equal to SMC-M 1/2 ?

I was rated SMC-P1 ( smc-l 1/2 ). Months later I was granted Separate single 100%. Should the rating go up a whole step to SMC-P3 (smc-m 1/2) according to 3.350(f)(4) ?

So can a veteran receive more than one aid and attendance? I understand the conditions must be for a different part if the body.

Under 38 U.S.C 1114 (L) 38 CFR.3.350(b) loss of use of both feet. On my decision letter the va consider that I'm service connected for aid and attendance. I through 38 U.S.C 1114(L) 38 CFR 3.352( a) is the correct regulations for aid and attendance. Which is correct the va or me ?

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

Wow thanks for the ammo I will do exactly that. I can't believe the va rater overlooked my 100% Bowel incontinence. The M21-1 states a single 100% disability should be considered an Inferred claim and consider it for smc- L aid and attendance.. Thank you so much

Lol you're right again... Your opinion how should I appeal this matter supplemental explaining it on a 4138, HLR with a phone call or take it to BVA

Thanks for responding. You're right they don't like awarding higher levels of SMC. I use a Condon catheter maybe it confused the rater they I need a license medical personnel to insert it. Thank you

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